The Legal Implications of Distracted Driving Accidents in Tulsa

In a busy city like Tulsa, distracted driving is a constant danger. A driver who takes their eyes off the road for even a moment to glance at a cell phone can cause a life-changing accident. Distracted driving can cause a crash that brings physical injuries, overwhelming financial strain, and a confusing legal fight.

Our legal team understands how intimidating this can be. We are here to help you understand the legal implications of these accidents under Oklahoma law, from both a criminal and a civil perspective.

What is Distracted Driving Under Oklahoma Law? 

Any action that diverts a driver’s focus from the road is considered distracted driving. Distracted driving falls into three main categories:

• Visual Distractions: Diversions that cause a driver to look away from the path ahead
• Manual Distractions: Actions that cause you to take your hands off the wheel
• Cognitive Distractions: When the driver’s mind is focused on something other than driving

In Oklahoma, a general distracted driving law, Title 47, Section 11-901b, requires a driver to “devote their full time and attention to such driving.” Even so, the most specific and well-known law is the state’s texting while driving ban, the Trooper Nicholas Dees and Trooper Keith Burch Act of 2015. 

Under Oklahoma’s texting while driving ban, found in Title 47, Section 11-901d, it is unlawful for a person to manually compose, send, or read any electronic message on a handheld device while operating a vehicle. This law covers a range of activities, from sending a text to checking an email.

Distracted Driving as a Criminal Offense

A violation of the texting while driving law in Oklahoma is a primary offense. A driver committing a primary offense can be lawfully pulled over by a police officer based on that violation alone, without the need for any other traffic offense.

In Tulsa County, a conviction can lead to a fine of up to $100. If a person’s distracted driving causes a serious or fatal accident, the criminal charges can be much more severe, potentially including reckless driving, negligent homicide, or manslaughter.

The Civil Implications: Proving Negligence

While a fine for distracted driving is a criminal matter, the injuries and damages caused by that distraction fall under civil law, and where personal injury claims come into play. The law in Oklahoma holds the at-fault driver legally accountable for financial losses and property damage.

To hold them accountable, you must prove their negligence. Negligence has four key elements:

• Duty of Care: The at-fault driver had a duty to drive safely
• Breach of Duty: They breached that duty by driving while distracted
• Causation: The breach directly caused the accident and your injuries
• Damages: You suffered actual damages, such as medical bills or lost wages

Proving that a driver was distracted can be challenging, but several types of evidence can be used.

Proving Fault in a Distracted Driving Accident 

• Cell Phone Records: An attorney can legally obtain a driver’s phone records to prove they were texting or emailing at the time of the crash
• Witness Testimony: A witness who saw the other driver looking down at their lap or talking on their phone can provide crucial testimony
• Police Reports: A police report may include an officer’s observations about the driver’s behavior or a direct admission from the at-fault driver about their distraction
• Vehicle Data: Modern vehicles often have event data recorders (EDRs), or “black boxes,” that can record data like speed, braking, and steering, which can help piece together what happened

Oklahoma’s At-Fault System and Financial Compensation 

Since Oklahoma operates as a fault state, injured accident victims must pursue compensation from the insurance of the driver who caused the crash. It differs from states with “no-fault” laws, where a driver’s own insurance covers the cost of medical bills and lost wages regardless of who caused the crash.

The at-fault driver’s liability insurance is the primary source of compensation. Injured victims can seek compensation for:

• Medical Expenses: This includes past, present, and future medical costs, like emergency room visits, surgeries, physical therapy, and medication
• Lost Wages: Financial compensation for both the wages you missed while recovering and the potential for a lower income due to your injuries
• Non-Economic Damages: These encompass intangible losses, including pain, suffering, emotional distress, and a diminished quality of life

What if You Were Partially at Fault?

Oklahoma follows a modified comparative negligence rule, found in Oklahoma Statutes Title 23, Section 13. The state’s modified comparative negligence law dictates that if you are found to be 50% or more at fault for the accident, you are barred from recovering any damages. 

As long as your fault is 50% or less, you can still recover, but your compensation will be reduced proportionally. For example, if you are found to be 20% at fault, your final compensation will be reduced by 20%. This rule makes proving that the other driver was primarily at fault even more critical in a personal injury case.

Our Compassionate and Knowledgeable Personal Injury Representation in Tulsa

After a distracted driving crash, the challenges you face can feel overwhelming. As a victim, you should not have to face the legal system alone while you are recovering from injuries. At Parsons, Graham & Day, LLC, our Oklahoma-based law firm has experienced attorneys ready to help you with your legal needs. We are knowledgeable about the laws of Oklahoma and can provide you with compassionate and helpful legal advice.

If you have been injured in an accident caused by a distracted driver in Tulsa or the surrounding areas, please contact us today at 918-553-5771 for a consultation.