Pedestrian Accidents vs. Car Accidents Key Differences in Oklahoma

If you have recently been involved in a pedestrian accident in Oklahoma, you are likely experiencing a range of emotions, from confusion to concern about what to do next. Whether you were walking on a sidewalk, crossing the street, or simply in an area where pedestrians and cars interact, the impact of such accidents can be overwhelming. At times, it can be hard to know where to turn for help. This is where a dedicated attorney can guide you through the legal process. We understand the stress and worry that often accompany pedestrian accidents, and we are here to help.

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Understanding the differences between pedestrian accidents and car accidents in Oklahoma is crucial in ensuring you take the right steps toward receiving justice and compensation. Though both involve vehicles and may result in severe injuries, the way each case is handled can vary. Pedestrian accidents have unique characteristics that require specific knowledge of the law, and knowing these distinctions will give you a better chance of securing a favorable outcome in your case.

The Legal Framework in Oklahoma

When it comes to both pedestrian and car accidents, Oklahoma law takes the safety of individuals seriously. However, there are clear differences between how these two types of accidents are treated by the law. Car accidents typically involve drivers and their responsibilities on the road. Pedestrian accidents, on the other hand, involve people who are outside of vehicles, often on sidewalks, crosswalks, or streets. These cases can be more complex because pedestrians do not have the protection of a vehicle, making them more vulnerable to severe injuries when accidents occur.

Oklahoma law generally requires drivers to exercise caution when pedestrians are present, whether they are crossing the street or simply walking along the road. Drivers have an obligation to stop for pedestrians at crosswalks and yield the right of way when appropriate. In contrast, pedestrians also have duties under the law. For example, if a pedestrian is walking in an area that is not designated for foot traffic or crossing the street outside of a crosswalk, they may share some responsibility for the accident.

Understanding these legal nuances is critical in a pedestrian accident case. Your lawyer can help determine who is at fault and ensure that you pursue the correct legal actions.

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Attorney with Over 40 Years Experience

Injuries Sustained in Pedestrian Accidents

The severity of injuries is another area where pedestrian accidents differ from car accidents. When a car strikes a pedestrian, the pedestrian is often left with serious, life-threatening injuries due to the lack of protection that a vehicle provides. Injuries can include broken bones, head trauma, spinal cord damage, and internal injuries, all of which can require extensive medical treatment and rehabilitation.

Car accidents, while they can also result in severe injuries, typically involve people inside a vehicle, which provides some degree of protection. In these cases, the vehicle’s safety features, like airbags and seatbelts, can help mitigate the risk of serious injury. However, pedestrians have no such protection. This makes the aftermath of a pedestrian accident potentially more devastating, both physically and emotionally.

The injuries sustained in a pedestrian accident can lead to significant medical bills, lost wages, and long-term rehabilitation. In some cases, the injuries are so severe that they result in permanent disabilities. For a pedestrian involved in an accident, it is crucial to have a team of professionals who understand the complexity of these types of cases. The legal team you choose can help ensure that all aspects of your injury are addressed and that you receive the compensation you deserve.

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Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.”

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Insurance and Liability in Pedestrian Accidents

In Oklahoma, when a pedestrian accident occurs, determining liability can sometimes be more challenging than in car accident cases. In a typical car accident, it is relatively straightforward to determine who was at fault based on traffic laws and driving behaviors. However, pedestrian accidents involve additional factors such as whether the pedestrian was following proper safety guidelines or if the driver was distracted or reckless.

Insurance claims for pedestrian accidents are often more complex as well. Many pedestrian accidents are covered by the at-fault driver’s auto insurance policy. However, there may be instances where the driver is uninsured or underinsured, making it more difficult for the injured pedestrian to recover damages. In some cases, a pedestrian may be able to pursue compensation from their own insurance policy if they have uninsured motorist coverage.

A key difference between car accidents and pedestrian accidents in Oklahoma is that the insurance claims process for pedestrians can involve more negotiation. The insurance company may try to minimize the claim or shift blame onto the pedestrian. This is where having the right legal team becomes essential. An experienced attorney can help navigate the complexities of the insurance process, ensuring that you receive the compensation you are entitled to.

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The Role of Pedestrian Rights and Responsibilities

While pedestrians have the right of way in certain situations, they also have a responsibility to act safely while walking in public spaces. Pedestrians should be aware of traffic signals, use crosswalks, and avoid distractions, such as texting, when crossing the street. Failing to do so could reduce the amount of compensation a pedestrian is entitled to in the event of an accident.

It is important to note that in Oklahoma, both pedestrians and drivers can share fault in an accident. Oklahoma follows a comparative fault rule, meaning that if both parties are found to be partially at fault for the accident, compensation can still be awarded, but it will be reduced based on the degree of fault each party shares.

For example, if a pedestrian is found to be crossing the street outside of a crosswalk and is hit by a driver who was speeding, both the pedestrian and the driver could be considered partially at fault. In such cases, an attorney can help determine the exact degree of fault for each party and ensure that you are not unfairly blamed for the accident.

Why You Need an Attorney for Your Pedestrian Accident Case

Pedestrian accidents can be more complicated than car accidents because they often involve multiple factors, such as the pedestrian’s behavior, the driver’s actions, and road conditions. It is important to have a knowledgeable attorney on your side who understands the intricacies of these cases and can fight for your rights. If you have been injured in a pedestrian accident, it is crucial that you act quickly to preserve your rights and evidence.

An experienced lawyer can help investigate the accident, gather evidence, and work with medical professionals to understand the full extent of your injuries. They will also communicate with insurance companies on your behalf, ensuring that you are not taken advantage of by insurers who may attempt to minimize your claim.

At Murray Law Firm, we know how overwhelming it can be to deal with the aftermath of a pedestrian accident. Our team is dedicated to helping you get the compensation you deserve, and we will fight for your rights every step of the way. If you or a loved one has been injured in a pedestrian accident in Oklahoma, don’t hesitate to reach out to us. Let us help you get the best possible result for your case.

To learn more about this subject click here: What You Need to Know About Hit-and-Run Pedestrian Accidents in Oklahoma