PEDESTRIAN ACCIDENTS ATTORNEY IN TULSA, OKLAHOMA

A pedestrian accident can result in minor or serious injuries, hospitalization, productivity losses, or even death. The limited – or lack of protection – between pedestrians and motorists usually make pedestrian accidents more severe. Victims may sustain bruises, fractures, soft tissue damage, traumatic brain injuries, emotional traumas, or long-term disabilities. If you or a loved one were involved in a pedestrian accident caused by a negligent party, you may pursue fair financial compensation.

At Stan Bearden Law Firm, Attorney Stan Bearden has knowledgeable legal guidance, support, and vigorous representation to help clients in their pedestrian accident claims. As a skilled Oklahoma personal injury attorney, he can seek to investigate every last detail of your case and help you determine possible options to pursue damages.

Stan Bearden Law Firm proudly serves clients across Tulsa, Oklahoma, and nearby communities.

DETERMINING LIABILITY IN AN
OKLAHOMA PEDESTRIAN ACCIDENTS

Following a pedestrian accident, determining liability is vital when seeking rightful compensation for your injuries and damages. Oklahoma is an at-fault state. At-fault means that the party who caused the accident or injury will be held liable for all medical expenses, property losses, and other potential damages suffered by the accident victims.

RIGHT OF WAY LAW

In Oklahoma, pedestrians have the right of way in crosswalks. Under Oklahoma Statutes Section 47-11-502.

"When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk."

PEDESTRIAN'S RESPONSIBILITIES

In Oklahoma, pedestrians have the following responsibilities:

• Pedestrians must obey traffic control signs and signals.

• Pedestrians must obey lawful orders and directives of police officers.

• Pedestrians should always use sidewalks when available.

• Pedestrians should only cross the street at designated intersection crosswalks.

• No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle.

If you or someone you know has been injured in a pedestrian accident caused by someone else's negligent actions, you need to retain a skilled personal injury lawyer straight away. Your attorney can evaluate every detail of your unique situation, prove fault, and help file your injury claims.

FAULT DETERMINATION

As mentioned earlier, injury claims in Oklahoma are subject to "at-fault" liability laws. To determine fault, you must show that:

• The defendant owed you a legal duty of care.

• The defendant breached the duty of care owed.

• The defendant's breach or negligent actions caused your injuries.

• You suffered either injury, harm, or loss.

An adjuster may be called upon to investigate the incident, review the available evidence and surrounding facts – the police report, eyewitness statements, and video evidence – and then determine who is at fault for the pedestrian accident. However, do not leave your fate in the hands of an insurance adjuster who wouldn't protect your rights. An experienced attorney can seek to fight diligently for your rights and determine the amount of compensation you may get.

MODIFIED COMPARATIVE FAULT STATE

Additionally, Oklahoma follows a modified comparative fault rule, with a 51% bar. According to the system, an injured person will only seek damages if the other party was determined to be mostly (more than 50%) responsible for the accident. However, the amount of compensation that you're able to recover will be reduced by your percentage of fault.

For instance, if the jury awarded $50,000 for your injuries and found you 10% responsible for the pedestrian accident, your damages will be reduced by $5,000. In the end, you will only be allowed to recover $45,000. Under Oklahoma's modified comparative fault rule, you will be barred from recovering damages if your actions are to be 51% or more responsible for the accident or your injuries.

DAMAGES AVAILABLE

The following damages may be recovered by filing a pedestrian accident claim:

• Medical expenses, including future medical treatment

• Lost income/wages and other benefits

• Reduced earning capacity

• Loss of enjoyment of life

• Compensation for physical pain and suffering

• Mental anguish and emotional distress

• Wrongful death damages, where applicable

A knowledgeable pedestrian accident attorney can attempt to recover the maximum possible compensation and make sure you file your claims within the specified timeframe.

STATUTE OF LIMITATIONS

Oklahoma Statutes of limitations for pedestrian accidents (Oklahoma Statutes Section 12-95 (3)) states that an action for injury to the rights of another may be brought within two (2) years of the date of the accident or injury.

Also, according to Oklahoma Statutes Section 12-1053, a wrongful death action must be brought within two (2) years from the date of the victim's death.

HOW LEGAL COUNSEL CAN HELP

Dealing with the ramifications of a negligent pedestrian accident can be overwhelming and can affect you financially, physically, and mentally. Nevertheless, you do not have to face the challenges and financial liability all by yourself. Therefore, when you're involved in a pedestrian accident, you must act quickly and retain a skilled personal injury attorney to advocate for your rights and help pursue the financial justice that you deserve.

Attorney Stan Bearden has the experience, diligence, and resources to assist, support, and represent victims of pedestrian accidents in their injury claims.