Did you sustain injuries in a car crash caused by a distracted driver? Abel Law Firm might be able to provide legal representation and assist you in pursuing compensation. When you’re the victim of a motor vehicle accident, every area of your life can be affected. It’s not just physical pain you must worry about, but emotional and financial suffering too. You need an experienced distracted driving accident lawyer to ensure you get the compensation you deserve.

Our dedicated team of Oklahoma City distracted driving accident lawyerss will fight vigorously for the justice you deserve. You’ll be our top priority when you hire us. We’ll ensure we hold the other driver responsible for their actions and reach a positive outcome in your case. Call (405) 239-7046 to find out how we can help you.

Three Main Types of Distracted Driving

All drivers are aware of the dangers of texting while driving. Oklahoma law prohibits distracted driving concerning handheld mobile devices, though operating a motor vehicle while using hands-free cell phone features is still legal.

However, many don’t realize that a task as simple as taking a drink of water can lead to a severe car accident. Distracted driving involves activities that redirect the driver’s attention from driving to something else. The following are the main types of distracted driving:

Visual Distractions

This takes the driver’s eyes off the road to look at something else. Examples of visual distractions include:

  • Staring at one’s self in the mirror
  • Reading a text message or email
  • Looking at a passenger
  • Watching a video on an electronic device
  • Looking at a GPS or map

Manual Distractions

This action requires the driver to take one or both hands off the wheel to perform a task other than driving. Forms of manual distraction include the following:

  • Drinking or eating
  • Reaching for an item
  • Changing the radio station
  • Grooming
  • Manually picking up a phone to make or answer a call
  • Drafting a text message or email on a handheld device

Cognitive Distractions

This type of distraction takes a driver’s attention and focus off the task of driving. Cognitive distractions could include the following actions and often coincide with manual and visual distractions:

  • Road rage
  • Daydreaming
  • Caring for or disciplining children in the vehicle
  • Focusing on a conversation with a passenger
  • Listening intently to the radio
  • Mentally preparing for a presentation at work
  • Distracting emotions, such as anger, fear, and sadness

Car Accident Laws in Oklahoma

Oklahoma uses a fault system when determining who’s financially responsible for the losses associated with a distracted driving accident. The person who caused the car crash automatically becomes liable for the victim’s injuries and damages. Damages are all losses suffered after an accident or injury.

It’s illegal to own or operate a motor vehicle without auto insurance. All drivers must hold liability coverage with minimum bodily injury and property damage limits. If a distracted driver caused your accident, you could file a claim with their insurance company for a settlement that covers your damages.

Bodily injury reimburses accident victims for their resulting damages, such as:

  • Past and future medical bills
  • Lost wages
  • Loss of earning capacity
  • Out-of-pocket expenses
  • Pain and suffering

Pain and suffering is a category that includes the following damages:

  • Pain and suffering
  • Lost quality of life
  • Mental anguish
  • Psychological effects, such as PTSD

Property damage covers expenses related to the vehicle involved in the accident, such as:

  • Damage to personal property
  • Rental car expense
  • Car repair or replacement costs

What You Should and Shouldn’t Do After a Car Accident

Distracted drivers put everyone around them at risk of physical harm. If you get into an accident with one, you likely want to hold them accountable for their actions and seek compensation for your damages. You should take crucial steps to secure your rights and protect yourself against unfair treatment by the insurance company.

  • Report the crash to law enforcement. The officer will investigate the scene and include details of the accident in a Collision Report.
  • If there are bystanders who witnessed the accident happen, write down their names and phone numbers. They can provide statements to the insurance company and confirm that the other driver was at fault.
  • Take photos of the accident scene.
  • Get the at-fault driver’s name, contact information, and liability auto insurance details.
  • Go to the hospital for treatment of your injuries. Continue following up with your medical providers until you recover, or they place you at maximum medical improvement, which means further intervention won’t improve your condition.
  • Hire an Oklahoma City distracted driving accident lawyer to represent you in your case.

Insurance companies don’t want to pay accident victims; they would save money for themselves. Following the steps above could improve your chance of recovering the maximum compensation available. However, there are some actions you should never take if you don’t want to end up with a denied claim or lowball settlement offer.

What You Should not Say When Talking with Your Insurance Company

  • Don’t sign anything from the liability auto insurance adjuster. They might trick you into signing away your rights to the maximum coverage listed on the at-fault driver’s policy. If you receive anything in the mail, forward it to your Oklahoma City distracted driving accident attorney for review.
  • Don’t admit to fault for the crash. With the modified comparative fault rule, your damages decrease by the percentage of fault you share. For instance, if you incurred $100,000 in damages and shared 20% blame, you would only be entitled to a maximum of $80,000. Under normal circumstances, you could pursue the total $100,000. You won’t be allowed to recover compensation if you’re more than 50% at fault.
  • Don’t accept the first settlement offer you receive. Getting a higher number won’t cause the insurance company to deny your claim. If you attempt to negotiate, the worst thing that could happen is the insurance company says no. There’s always room for negotiation; if they stay firm at a number you believe is unfair, you can move forward with a lawsuit.
  • Don’t skip doctor appointments or space them out too much. An insurance company will look at the significant gaps in treatment and determine if your injury isn’t that serious or if you’re lying about it. If your medical providers inform you that you need to continue treatment, you must show up for regularly scheduled appointments.
  • Don’t agree to a recorded statement with the liability insurance company. If you go through with it, you might say the wrong thing that prevents you from seeking the maximum settlement available.
  • Don’t handle your case alone. Many accident victims will choose not to seek legal representation. They’re already facing financial struggles and don’t want to spend additional money. Abel Law Firm takes cases on contingency, so you don’t have to pay upfront fees or costs. You’ll have a greater chance of winning your case with one of our Oklahoma City distracted driving accident attorneys by your side.

Abel Law Firm Will Help You Seek Justice

Car accidents can be traumatic. In the aftermath, you’re in pain, struggling to pay the medical bills and navigating a complicated legal process. When you hire Abel Law Firm, our distracted driving accident lawyers take the responsibility off your shoulders by handling your case. We’ll take care of each step and work hard to get you the financial award you deserve.

You won’t be in the fight alone. Our team of Oklahoma City car distracted driving accident lawyers cares about our clients. Throughout your whole case, we’ll be by your side to guide you through the legal process and provide emotional support.

If a distracted driver caused your car accident, call (405) 239-7046 to schedule a free consultation. We’ll review the details of your case and advise you on the available options moving forward.

Voted Oklahoma's Best Personal Injury Law Firm
The Journal Record 2023 Reader Rankings - Top Winner - Abel Law Firm - Best Peronal Injury Law Firm
The Journal Record 2023 Reader Rankings - Top Winner - Abel Law Firm - Best Peronal Injury Law Firm

Oklahomans across the state have recognized the Abel Law Firm's unique heritage as a statewide institution. Founded by Ed Abel, and today led by his son, Luke Abel, our personal injury law firm has become synonymous with empathy, compassion, and the highest professional performance serving our neighbors. Our family has sought to leave a profound impact upon the State of Oklahoma. We appreciate that former Governor Mary Fallin recognized that dedication when she declared May 1st "Ed Abel Day."

To be named Oklahoma's Best Personal Injury Law Firm is humbling. We are grateful to have won this prestigious honor. We work every day to earn the trust of those we serve: Oklahoma families who are facing some of the most difficulty days of their lives due to the negligence of others. It is our intention and resolve to continue to be deserving of the faith Oklahomans have placed in our family's law firm. Thank you!

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