What You Need to Know About Hit-and-Run Pedestrian Accidents in Oklahoma

Hit-and-run pedestrian accidents are among the most devastating and distressing types of incidents that can occur on the road. When a driver collides with a pedestrian and then flees the scene without providing assistance or identifying themselves, the consequences can be severe and long-lasting. In Oklahoma, these types of accidents are unfortunately not uncommon, and they leave victims grappling with physical, emotional, and financial challenges. Understanding the nuances of hit-and-run pedestrian accidents in Oklahoma is crucial for victims and their families, as it can help them navigate the complex legal landscape, seek justice, and secure compensation for their injuries.

The Legal Definition of a Hit-and-Run Accident in Oklahoma

In Oklahoma, a hit-and-run accident is legally defined as an incident in which a driver is involved in a collision with another vehicle, person, or property and then leaves the scene without stopping to exchange information or render aid. When the accident involves a pedestrian, the situation becomes even more serious. Oklahoma law mandates that drivers involved in an accident must stop immediately, provide their contact and insurance information, and assist anyone who may be injured. Failure to do so can result in both criminal charges and civil liabilities. The state treats hit-and-run accidents with the utmost seriousness, reflecting the profound impact these incidents can have on victims.

Common Causes of Hit-and-Run Pedestrian Accidents

Several factors can contribute to hit-and-run pedestrian accidents, many of which involve reckless or negligent behavior on the part of the driver. One of the most common causes is driving under the influence of alcohol or drugs. Intoxicated drivers may flee the scene out of fear of legal repercussions, exacerbating the harm caused by the initial collision. Distracted driving, whether due to texting, eating, or other in-car activities, is another significant cause. Drivers who are not paying full attention to the road may not even realize they have hit someone until it is too late, leading to a panicked decision to leave the scene. Additionally, speeding and aggressive driving can reduce a driver’s ability to react in time to avoid a pedestrian, and if a collision occurs, the driver may choose to flee rather than face the consequences. In some cases, drivers may lack proper insurance coverage or be driving without a valid license, leading them to abandon the scene in hopes of avoiding detection.

James V. Murray

Attorney with Over 40 Years Experience

The Impact on Victims and Their Families

The aftermath of a hit-and-run pedestrian accident can be devastating for victims and their families. Pedestrians, who are already vulnerable due to their lack of protection compared to drivers in vehicles, often suffer severe injuries in such collisions. These injuries can range from broken bones and lacerations to traumatic brain injuries and spinal cord damage, requiring extensive medical treatment and rehabilitation. The emotional toll on victims is also significant. The trauma of being struck by a vehicle and left alone without assistance can lead to long-term psychological issues such as anxiety, depression, and post-traumatic stress disorder (PTSD). Families of victims may also experience emotional distress, especially if the incident results in a fatality. The financial burden on victims and their families can be overwhelming. Medical bills, lost wages due to an inability to work, and the costs associated with long-term care can quickly add up. When the driver responsible for the accident is unknown, the challenge of seeking compensation becomes even more daunting, leaving victims feeling isolated and unsure of where to turn for help.

The Challenges of Identifying and Prosecuting Hit-and-Run Drivers

One of the most significant challenges in hit-and-run pedestrian accidents is identifying and apprehending the driver responsible. When a driver flees the scene, they often do so with the intent of avoiding detection, making it difficult for law enforcement to track them down. However, Oklahoma law enforcement agencies take these incidents very seriously and utilize various methods to identify hit-and-run drivers. Surveillance footage from nearby businesses or traffic cameras, eyewitness accounts, and forensic evidence from the scene can all play a role in the investigation. Despite these efforts, some hit-and-run drivers remain unidentified, leaving victims without a clear path to justice. Even when a hit-and-run driver is identified, prosecuting them can be complex. The driver may face criminal charges, including leaving the scene of an accident and, depending on the severity of the victim’s injuries, charges such as vehicular assault or even manslaughter. Conviction of these charges can result in significant penalties, including fines, imprisonment, and the suspension of the driver’s license. From a civil perspective, victims can pursue a personal injury lawsuit against the driver to seek compensation for their injuries and other damages. However, if the driver remains unidentified, victims may need to explore alternative avenues for compensation.

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.”

- Roger Buchanan

The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!"

- Tiara Rich

Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended."

- Alicia Mayfield

Compensation Options for Victims of Hit-and-Run Pedestrian Accidents

Victims of hit-and-run pedestrian accidents in Oklahoma have several options for seeking compensation, even when the driver responsible is not immediately identified. One of the primary avenues for compensation is through the victim’s own insurance policy. Oklahoma requires all drivers to carry uninsured motorist (UM) coverage, which can provide compensation when the at-fault driver is unidentified or uninsured. This coverage can help cover medical expenses, lost wages, and other related costs. In addition to UM coverage, victims may be able to access other benefits through their own health insurance, personal injury protection (PIP) coverage, or even workers’ compensation if the accident occurred while they were on the job. For those without adequate insurance coverage, seeking compensation through a personal injury lawsuit may still be an option. If the hit-and-run driver is eventually identified, victims can file a claim against the driver’s insurance company or pursue a lawsuit directly against the driver. In cases where the driver is uninsured or underinsured, victims may be able to seek compensation through their own UM or PIP coverage, or through a civil lawsuit for damages. It is important for victims to act quickly and consult with a legal professional to explore all available options and ensure they receive the compensation they deserve.

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The Importance of Legal Representation in Hit-and-Run Cases

Navigating the legal complexities of a hit-and-run pedestrian accident can be overwhelming for victims and their families, especially when they are already dealing with the physical and emotional aftermath of the incident. Having experienced legal representation can make a significant difference in the outcome of a case. An attorney with experience in handling hit-and-run cases can assist victims in several key ways. First, they can help with the investigation by working with law enforcement, gathering evidence, and identifying potential witnesses. This can be crucial in cases where the driver is not immediately identified. Second, a lawyer can negotiate with insurance companies on behalf of the victim. Insurance companies often try to minimize payouts, and having a lawyer advocate for fair compensation can ensure that victims receive the full amount they are entitled to. Third, if a lawsuit becomes necessary, an attorney can guide victims through the legal process, representing their interests in court and helping them secure a favorable outcome. Legal representation also provides peace of mind to victims, knowing that they have someone on their side who is dedicated to protecting their rights and fighting for their best interests.

Preventive Measures and Public Awareness

While the legal system provides avenues for justice and compensation, preventing hit-and-run pedestrian accidents is a critical goal. Public awareness campaigns and education programs aimed at drivers and pedestrians can play a significant role in reducing the occurrence of these incidents. Drivers need to be constantly reminded of their responsibilities when sharing the road with pedestrians. This includes obeying speed limits, avoiding distractions, and never driving under the influence. Additionally, public service announcements and community programs can emphasize the severe legal and moral consequences of fleeing the scene of an accident. For pedestrians, understanding the risks and taking proactive steps to stay safe can also reduce the likelihood of being involved in a hit-and-run. This includes using crosswalks, being visible to drivers, especially at night, and remaining vigilant when walking near roadways. Urban planning and infrastructure improvements, such as better lighting, clearer signage, and safer pedestrian crossings, can also contribute to reducing the risk of hit-and-run accidents. Collaboration between government agencies, community organizations, and the public is essential in fostering a culture of road safety and ensuring that both drivers and pedestrians take their responsibilities seriously.

Understanding Liability in Oklahoma Pedestrian Accident Cases

Pedestrian accidents in Oklahoma are a significant concern, often leading to severe injuries or even fatalities. As urban areas grow and traffic increases, the risk of such accidents rises, making it crucial for residents to understand the legal implications of these unfortunate events. Understanding who is liable in a pedestrian accident case is essential for anyone who might find themselves involved in such a situation, whether as a pedestrian, driver, or concerned family member.

The Complexity of Pedestrian Accident Liability

Liability in pedestrian accident cases is complex and can vary depending on the circumstances surrounding the incident. In Oklahoma, as in many other states, determining fault in a pedestrian accident involves a detailed examination of the actions of both the pedestrian and the driver involved. This is because Oklahoma follows a comparative negligence rule, meaning that fault can be shared between the parties involved.

If a pedestrian is struck by a vehicle, the first question that arises is whether the driver was at fault. This could involve examining whether the driver was speeding, distracted, or failed to yield the right of way to the pedestrian. On the other hand, the pedestrian’s behavior is also scrutinized. If the pedestrian was jaywalking, crossing against a traffic signal, or walking in an area not designated for pedestrians, they may bear some responsibility for the accident.

This comparative negligence rule means that even if the pedestrian is partially at fault, they may still recover damages, but their compensation would be reduced by their percentage of fault. For example, if a pedestrian is found to be 30% at fault for an accident, their potential compensation would be reduced by 30%. Understanding this aspect of Oklahoma law is vital for anyone involved in a pedestrian accident case.

Driver Liability in Pedestrian Accidents

Drivers in Oklahoma have a duty to exercise reasonable care when operating their vehicles. This duty includes being vigilant and cautious, especially in areas where pedestrians are likely to be present, such as school zones, crosswalks, and residential neighborhoods. If a driver fails to meet this duty of care and a pedestrian is injured as a result, the driver may be held liable for the pedestrian’s injuries.

Common scenarios where driver liability might be established include driving under the influence of alcohol or drugs, speeding, failing to obey traffic signals, or texting while driving. In such cases, the injured pedestrian may file a personal injury claim against the driver to seek compensation for medical bills, lost wages, and pain and suffering.

However, establishing driver liability is not always straightforward. The driver’s insurance company may argue that the pedestrian was partially or entirely at fault for the accident, which can complicate the process of obtaining compensation. This is why having a thorough understanding of the legal framework and potentially seeking legal representation is crucial for the injured party.

Pedestrian Responsibility and Its Impact on Liability

While drivers have a significant responsibility to avoid accidents, pedestrians also have a duty to exercise caution and follow traffic laws. In Oklahoma, pedestrians are expected to use designated crosswalks, obey traffic signals, and avoid sudden movements that could put them in harm’s way. When a pedestrian fails to adhere to these rules, their actions can impact the outcome of a liability case.

For instance, if a pedestrian suddenly darts into traffic outside of a crosswalk and is hit by a car, the court may find that the pedestrian’s actions were the primary cause of the accident. In such cases, the pedestrian’s ability to recover damages may be limited or even negated entirely. This underscores the importance of pedestrians understanding and following traffic laws to protect themselves and ensure they have a strong case if an accident occurs.

Moreover, in cases where both the pedestrian and the driver share fault, the court will determine the percentage of fault attributable to each party. This determination directly affects the amount of compensation that the injured pedestrian can receive. For example, if the court finds that the pedestrian was 40% at fault and the driver 60%, the pedestrian’s compensation would be reduced by 40%. This comparative fault system aims to ensure that all parties are held accountable for their actions.

Common Injuries in Pedestrian Accidents

Pedestrian accidents can result in severe injuries, given the lack of protection pedestrians have compared to those in vehicles. The impact of a vehicle can cause devastating harm, leading to long-term physical and emotional consequences for the victim. Understanding the types of injuries commonly associated with pedestrian accidents can provide insight into the severity of these cases and the importance of securing adequate compensation.

Some of the most common injuries in pedestrian accidents include fractures, head injuries, spinal cord injuries, and internal injuries. Fractures, particularly to the legs and arms, are common due to the direct impact of the vehicle. Head injuries, including traumatic brain injuries, can occur if the pedestrian’s head strikes the vehicle or the ground. These injuries can lead to long-term cognitive and physical impairments, affecting the victim’s quality of life.

Spinal cord injuries are another serious consequence of pedestrian accidents, potentially leading to paralysis or other mobility issues. Internal injuries, such as damage to organs, can occur from the force of the impact and may require extensive medical treatment. Given the severity of these injuries, it is crucial for victims to seek immediate medical attention and consult with legal professionals to understand their rights and options for pursuing compensation.

The Role of Insurance in Pedestrian Accident Cases

Insurance plays a significant role in pedestrian accident cases, as it often determines the amount of compensation available to the injured party. In Oklahoma, drivers are required to carry liability insurance, which covers damages if they are found to be at fault in an accident. This insurance typically includes coverage for bodily injury and property damage, which can be used to compensate the injured pedestrian.

However, the process of dealing with insurance companies can be challenging, especially when it comes to negotiating a fair settlement. Insurance adjusters may attempt to minimize the payout by arguing that the pedestrian was at fault or by downplaying the severity of the injuries. It is important for pedestrians involved in accidents to be aware of these tactics and to consider seeking legal advice to ensure they receive the full compensation they deserve.

Additionally, if the driver involved in the accident is uninsured or underinsured, the injured pedestrian may face additional challenges in recovering compensation. In such cases, the pedestrian may need to explore other avenues for compensation, such as filing a claim with their own insurance company if they have uninsured/underinsured motorist coverage. Understanding the complexities of insurance in pedestrian accident cases is essential for victims seeking to navigate the legal process and secure the financial support they need.

Legal Steps to Take After a Pedestrian Accident

If you or a loved one is involved in a pedestrian accident in Oklahoma, it is important to take certain legal steps to protect your rights and improve your chances of recovering compensation. The first step is to seek medical attention, even if you do not believe you are seriously injured. Some injuries, such as internal damage or concussions, may not be immediately apparent and can worsen over time.

Once you have received medical care, it is crucial to document the accident as thoroughly as possible. This includes gathering contact information from any witnesses, taking photographs of the accident scene, and obtaining a copy of the police report. This evidence can be vital in establishing fault and supporting your claim for compensation.

After documenting the accident, it may be in your best interest to consult with a legal professional who has experience in pedestrian accident cases. They can provide guidance on how to proceed, help you understand your rights, and represent you in negotiations with insurance companies or in court if necessary. Legal representation can be particularly important if there is a dispute over liability or if you are facing significant medical expenses and other losses.

Understanding the Time Limits for Filing a Claim

In Oklahoma, there are specific time limits for filing a personal injury claim related to a pedestrian accident. These time limits, known as statutes of limitations, are designed to ensure that cases are brought to court within a reasonable period after the accident occurs. For pedestrian accidents in Oklahoma, the statute of limitations is typically two years from the date of the accident.

Failing to file a claim within this time frame can result in losing the right to seek compensation. It is therefore important to be aware of these deadlines and to take prompt action if you are considering pursuing a legal claim. Consulting with a legal professional early in the process can help ensure that all necessary paperwork is filed on time and that your case is handled effectively.

Liability in Pedestrian Accidents: Factors to Consider 

When determining liability in a pedestrian accident, several factors come into play. It is essential to consider these factors to establish a strong case and maximize the chances of obtaining compensation for your injuries. Here are a few key elements to keep in mind:

Eyewitness Testimony:

Eyewitness accounts can be crucial in reconstructing the events leading up to the accident. Gathering statements from individuals who witnessed the accident can help establish fault and liability.

Police Reports:

After a pedestrian accident, it is essential to report the incident to the police. The responding officers will investigate the scene, document their findings, and create an accident report. This report can provide valuable evidence regarding the circumstances of the accident and the parties involved.

Surveillance Footage:

In many areas, traffic intersections and public spaces are equipped with surveillance cameras. Obtaining footage from these cameras, if available, can provide compelling visual evidence to support your case. The footage may show the negligent actions of the driver or any other contributing factors that led to the accident.

Medical Documentation:

Seeking immediate medical attention following a pedestrian accident is crucial for your health and your case. Detailed medical records documenting your injuries, treatment, and prognosis can play a significant role in proving the extent of your damages.

Expert Witnesses:

In complex pedestrian accident cases, expert witnesses may be called upon to provide professional opinions on matters such as accident reconstruction, driver behavior, or road design. These experts can provide valuable insights to support your claims and establish liability.

5 Common Questions About a Pedestrian Accident

1) What Mistakes Should I Avoid After a Pedestrian Accident?

The most common pedestrians make when they’re in a wreck with a vehicle is one, either they don’t seek treatment soon enough or they seek the wrong treatment, or they don’t follow the doctor’s advice and their treatment plan. My advice is to seek out medical treatment immediately from a competent physician. I want you to do exactly what the doctor asks you to do. If you don’t, the insurance companies may use that as leveraging you, take out a settlement, or mediation or even a trial. The second mistake pedestrians make is they don’t hire attorneys soon enough to help them investigate the case, preserve the evidence, and to help them deal with the insurance company. Insurance companies look for reasons to help you believe you need to sell your case when you don’t have to, so don’t give the insurance any power over you. You do that by hiring an attorney, direct all phone calls and correspondence to your attorney, which will protect you from insurance companies trying to trick you into selling your case.

2) What Can I Do If I Was Hit By a Car as a Pedestrian?

There’s not a lot of difference. Pedestrians still have special duties. They need to be in crosswalks, but that, again, doesn’t completely eliminate a claim if you’re not in the crosswalk. There are specific traffic obligations, rules that a pedestrian must follow as well as a car, so if either side violates any safety rules, then there’s going to have to be some type of accountability there. More often than not, the injuries of a pedestrian are more serious than injuries of an occupant of a vehicle.

3) How Do I Choose the Best Attorney for my Pedestrian Accident Claim?

One of the things you need to do when you’re a pedestrian and you’re involved in a wreck is you need to hire an attorney quickly. The question is, how do I go about hiring the right attorney? You need to hire an attorney who has experience with bicycle wrecks. You need to find an attorney you feel comfortable with, that understands you, that will talk to you and listen to you. You need to hire a lawyer or an attorney that will help you through this journey, to get you the competent medical treatment you need, to help you get to the specialist you need, and do everything in their power to help you get your health back. It’s not always easy to figure those things out, so you need to do your own research. You need to meet with several attorneys and you need to make a gut feeling what you think is the best for you and more often than not, your gut feeling is the right decision.

4) What Benefits are Available for Pedestrian Accident Injuries?

You can get your medical bills, your future and past medical bills. You can get pain and suffering, future and past. You can get your lost wages. You can get any type of compensation for permanent impairment or disability. You can get compensation for the loss of your hobbies, loss of enjoying your family. If you can’t return to your same lifestyle you had before, because of any physical deficiencies caused by this wreck, then you definitely can receive some type of consideration for those as well. To know all of the rights you have for your specific case, I would suggest you contact an attorney who has experience in pedestrian wrecks.

5) What Should I Do if I Was Involved in a Hit and Run Pedestrian Accident?

You still have a claim. The problem is who to make your claim against. If you can never find the driver of the car that hit you, then you need to hire an attorney or an investigator to see if they can find this person by running ads in the paper or doing radio spots. You need to call the police and see if they can help you with their investigative techniques. They can look at cameras and various things in the neighborhood, see if they can see a vehicle leave at that particular time. Try to remember the information or detail or description of the vehicle; that will help in finding the vehicle that caused the wreck. The other place you can get recovery is from your own insurance company. If you have some type of insurance coverage on your car, it might be available to make a recovery from, but that again is something depending on your policy, how it’s written. You need to really seek legal counsel who people have experienced with dealing with pedestrian wrecks to determine that.

Pedestrian Accident Injury Claims

Are you suffering after being hit by a car while walking or jogging? Watch this video to learn about filing pedestrian accident injury claims in Oklahoma.

Read Our FREE Pedestrian Accident Guide

If you or a loved one has been a victim of a hit-and-run pedestrian accident in Oklahoma, it is crucial to seek legal assistance as soon as possible. The physical, emotional, and financial challenges you face are significant, and navigating the legal system on your own can be overwhelming. The Murray Law Firm is here to help. Our experienced attorneys are committed to advocating for your rights, helping you pursue justice, and ensuring you receive the compensation you deserve. Do not wait to take action. Contact the Murray Law Firm today for a consultation and let us guide you through this difficult time with the experience and dedication you need.