When a person on foot comes into contact with a moving, two-and-a-half to three-ton vehicle, the consequences can be devastating. It is not uncommon for pedestrian accident victims to be hospitalized for broken bones, fractures, spinal cord injuries, and brain injuries, to miss weeks, months, or years of work, and to require extensive rehabilitation services.
While there is nothing the law can do to undo a victim’s injuries or losses, it can help alleviate the stress of such life-altering injuries by allowing victims to pursue compensation from the liable party via a personal injury claim. If you or a loved one was injured by a moving vehicle while walking, contact an Oklahoma City pedestrian accident lawyer at BDIW Law to discuss your case and legal options today.
Determining Right of Way
Oklahoma’s pedestrian right-of-way laws are fairly straightforward and leave little room for interpretation in vehicle-pedestrian accidents. OKC.gov outlines these laws in five succinct points:
- Pedestrians only have right-of-way on streets with marked crosswalks at intersections.
- Pedestrians at these crosswalks must obey signs and signals at the intersection.
- Pedestrians may not jump from or throw things from bridges.
- Pedestrians may only walk on roadways on which it is safe to do so. They must walk facing traffic.
- Drivers must exercise due care to avoid collisions with pedestrians.
- If a crosswalk is not in an area where a pedestrian wishes to cross, pedestrians may only cross the street at a right angle to the curb. It is illegal for pedestrians to cross two streets at one time by walking diagonally across an intersection.
Though pedestrians must protect themselves by acting with extreme caution regardless of whether or not there is a crosswalk present, drivers should exercise extreme caution and be especially alert in areas in which individuals normally walk. For instance, drivers should be extra vigilant near school zones, playgrounds, crossings, and certain neighborhoods. Children rarely consider their safety when playing and may dart into the street and in front of a moving vehicle without notice.
Also, drivers should note that children getting off school buses always have the right of way when the bus flashes red lights or shows a STOP sign.
Our Team Is Here To Assist You Every Step Of The Way.
SPEAK TO AN ATTORNEY TODAYSeeking Compensation through an Insurance Claim
Pedestrians who have been hurt in an accident can file an insurance claim. Many pedestrians may assume that insurance claims are only reserved for car accidents. But pedestrians can also use these claims to seek compensation for their injuries.
Some insurance policies cover the costs of a pedestrian’s damages. Some of these policies include:
- Medical payments coverage. This policy is used to pay for a victim’s medical expenses.
- Bodily injury coverage. This is another policy that can cover the costs of a victim’s medical bills.
- Property damage coverage. This coverage can cover the costs of damages that happen to a bike or scooter. If you were riding a bike or scooter destroyed in the accident, you might be compensated through this coverage.
How a Pedestrian Accident Lawyer in Oklahoma City Determines Fault
In an insurance claim, the fault is very important. It is the key factor determining a person’s liability for an accident. Their careless actions may establish a person’s fault. A driver who failed to yield the right of way and hit a pedestrian may be found at fault for the accident.
When you file your claim, the company will use different types of evidence to determine who’s at fault. Physical evidence like photos, medical records, and witness statements may help strengthen your claim.
When a Pedestrian May Be at Fault
Though pedestrians sustain much more severe injuries in vehicle accidents, they can still be at fault for their injuries in Oklahoma. For instance, when pedestrians fail to abide by traffic signals or cross outside of a marked crosswalk, they may be liable for their injuries.
If a pedestrian crosses a street against a light or when a signal flashes “Don’t Walk,” and that person gets struck by a moving vehicle, the walker may be found partially at fault for the incident. The same can be said if a pedestrian suddenly steps into the path of a moving vehicle or crosses the street diagonally without prompting a traffic signal.
Contact a Pedestrian Accident Attorney in Oklahoma City Right Away
If you were involved in a pedestrian accident in Oklahoma City, reach out to an experienced Oklahoma City pedestrian accident attorney to discuss your case and recovery options immediately. Regardless of how the accident occurred or if liability seems clear, you can benefit from the representation of an aggressive and skilled Oklahoma City pedestrian accident lawyer. Reach out to BDIW Law to schedule your free consultation today.