Being involved in an auto or truck accident can be a traumatic experience, leaving victims with physical injuries, emotional distress, and financial burdens. Auto accidents also can lead to complex legal ordeals that add to victims’ existing challenges. This is why working with an experienced Ponca City car accident lawyer is critical.
At BDIW Law, we represent clients in all motor vehicle accident claims. We take an approach that combines personalized, detailed service with aggressive advocacy, and we can protect your rights and ensure you get full compensation for your injuries and losses. Let a Ponca City personal injury lawyer at our firm fight for you.
Choose BDIW Because We Value Each of Our Clients
At BDIW Law, we take the time to listen to and work closely with every one of our clients, ensuring that they understand their rights and options at every stage. We have worked hard to build our solid reputation for exceptional and compassionate representation in Oklahoma. Testimonials from our satisfied clients are a demonstration of our commitment:
“I have been acquainted with The Boettcher, Devinney, Ingle & Wicker for some time. When I was hurt in a car wreck, I called this firm. I live 200 miles from Ponca City. However, the distance made no difference. This firm is the best I have ever seen! Personal, caring, compassionate, and concerned. They worked with me almost daily. They were exceptional. I could not have been more thankful or appreciative. They were wonderful! If you need a lawyer, don’t hesitate to call The Boettcher, Devinney, Ingle & Wicker.” – Ronald (see more testimonials from other satisfied clients)
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Types of Motor Vehicle Accident Claims We Handle
Your experienced Ponca City car accident attorney at BDIW Law will have handled various complex motor vehicle accident claims. Our solid track record makes us confident that there is no case too challenging for us to take on. In addition to standard car accident claims, we represent clients in cases involving:
- Complex auto accident claims: Truck and motorcycle accidents often involve catastrophic injuries or wrongful death. Further, laws regulating the trucking industry and motorcycle safety add another layer of complexity.
- Catastrophic injury claims: Many auto accident claims we handle involve serious injuries. In particular, motor vehicle collisions with pedestrians or bicyclists can be gruesome, requiring intense and focused litigation.
- Boating accident claims: A distinct body of law regulates boating safety. We represent clients injured in boating accidents caused by negligent boaters or defective boats.
- Cases involving obvious negligence: Driving drunk and texting while driving are extremely dangerous activities. Everyone getting behind the wheel of a car or truck should know this. We hold drivers accountable when they cause drunk or distracted driver accidents.
Are you dealing with an accident insurance claim? In addition to our litigation services, we represent clients in insurance bad faith claims. We can also handle negotiations with insurance carriers involving accident insurance claims.
Liability in Ponca City Car Accidents
Figuring out who is responsible for your car accident in Ponca City is crucial. This is the party that will be obligated to cover your costs and compensate you fairly for your suffering and damages. Here are some of the most common parties found liable for causing motor vehicle accidents:
Negligent drivers are the most common party sued in car accident claims. Anytime a motorist drives unsafely, their actions are considered negligent because motorists are assumed to understand the risks of unsafe driving and their obligation to operate a vehicle in a safe manner at all times. Some of the most common types of negligent driving include:
- Driving over the speed limit
- Driving under the influence of alcohol or drugs
- Distracted driving
- Road rage
- Reckless driving
- Driving while fatigued
- Failure to stop at stop signs or traffic lights
- Failure to check blind spots
- Failure to use a turn signal
- Making unlawful turns
- Failure to yield
Auto Parts Manufacturers
Auto parts manufacturers, designers, distributors, and retailers can all be held accountable when defective or malfunctioning motor vehicle parts cause an accident. Generally, when a substantial number of motor vehicle parts are found to be defective, motor vehicle dealerships and retailers are obligated to issue recalls. When they fail to do so in a timely manner or knowingly use faulty parts to save money, they can be held accountable for the victim’s damages.
The Oklahoma Department of Transportation and local municipalities have an obligation to ensure road safety and perform maintenance as needed. Failure to uphold this duty could be grounds for a negligence claim. When street signs are missing, there are not enough street lamps, potholes remain unfilled, or road construction zones are not properly secured, these parties may be at fault.
If your car accident was caused by a drunk driver, you may be anxious to hold them accountable to the fullest extent of the law. It may surprise you to learn that they are not the only party who could share the blame. If they consumed or purchased alcohol at a local dram shop when they were already intoxicated, the dram shop and dram shop employees could be partially at fault according to Oklahoma dram shop liability laws.
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How Shared Blame Works Under OK Law
You may feel discouraged if the liable party blames you for the accident. You may also feel enraged and overwhelmed thinking about how their allegations will impact your case. Your car accident attorney in Ponca City, OK, will be prepared to challenge these unfounded allegations.
Fortunately, even if you are partially at fault, you may still have the right to compensation if your portion of the blame is less than 49%. Oklahoma follows modified comparative negligence laws with a 49% bar according to Tit. 23 §13 et seq. of the Oklahoma Statutes. If your liability is less than the threshold, you can be awarded compensation for your losses with a reduced payout that matches your percentage of blame.
For instance, if you did not check your blind spot before you were rear-ended, the judge might find you 20% at fault. This means your settlement would also be reduced by 20%. If your portion of blame is greater than 49%, you will not be able to recover compensation for your damages through a lawsuit.
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Types of Damages You May Be Entitled to Receive
Were you involved in a motor vehicle accident due to the negligence of others? You may be entitled to seek various forms of compensation to cover your losses. Some of the different types of damages you may be able to request include:
- Medical Expenses
- Costs of emergency medical treatment, hospitalization, surgeries, and medical procedures
- Expenses related to ongoing medical care, physical therapy, and rehabilitation
- The cost of prescription medications and medical equipment needed for recovery
- Lost Wages
- Compensation for income lost due to missed work days during recovery
- Future lost earnings if the injuries result in a diminished capacity to work
- Pain and Suffering
- Non-economic damages to account for physical pain
- Emotional distress and mental health issues resulting from the accident and injuries
- Inconvenience and loss of quality of life
- Property Damage
- Reimbursement for the repair or replacement of your vehicle
- Any other property that was lost or damaged in the accident
- Punitive Damages – In some cases involving extreme negligence or malicious intent, punitive damages may be awarded to punish the at-fault party and deter others from similar behavior.
How Our Attorneys Fight for You
At BDIW Law, it is vital that our clients feel seen and protected throughout the legal process. From the initial consultation to the resolution of your case, we keep you informed and involved, doing all the heavy lifting while ensuring you have the final say in any decisions. When you work with a car accident lawyer in Ponca City, OK, we will:
- Conduct a comprehensive investigation of the motor vehicle accident, gathering crucial evidence and identifying liable parties.
- Listen intently to your concerns and work to address them.
- Provide honest, personalized, and attentive legal guidance tailored to your unique circumstances and needs.
- Clarify the legal landscape and answer any questions you have.
- Advocate aggressively and negotiate skillfully with insurance companies to pursue a fair and just outcome.
- Prepare and build a compelling case to present during negotiations or in court.
We are here to offer guidance and support throughout your medical journey, helping to document injuries related to the accident. You can rely on us to ease the mental burden by handling all legal paperwork, filings, and correspondence with relevant parties. Our team will fight relentlessly to maximize compensation and hold negligent parties accountable.
Pros and Cons of Hiring a Ponca City Car Accident Lawyer
When facing the aftermath of a car accident in Ponca City, you might find yourself at a crossroads, deciding whether to hire a car accident lawyer or represent yourself in court. Each option has its merits and drawbacks, and understanding them can significantly impact the outcome of your case. Some benefits of hiring a Ponca City personal injury lawyer include:
- Legal expertise: Car accident lawyers possess specialized legal knowledge and experience, allowing them to navigate complex laws and regulations related to personal injury cases. They can provide informed guidance, build strong arguments, and negotiate with insurance companies to maximize your compensation.
- Case assessment: An experienced lawyer will assess your case’s strengths and weaknesses, providing a realistic perspective on potential outcomes. They can identify key pieces of evidence, gather witness testimonies, and formulate a strategic approach tailored to your situation.
- Legal representation: Having a lawyer represent you in court can alleviate stress and save time. They will handle all legal procedures, paperwork, and court appearances on your behalf, ensuring you can focus on your recovery.
However, there may also be a few disadvantages. Legal representation comes at a cost, typically in the form of attorney fees or a percentage of your settlement. However, if your case is relatively straightforward and the damages are minimal, the expense of hiring a lawyer might outweigh the potential benefits. Legal proceedings can also be time-consuming, and while a lawyer can expedite the process, it may still take longer than handling the case yourself, especially if the opposing party causes delays.
Ponca City Car Accident FAQ
Common questions we receive include:
Do I Need a Car Accident Lawyer for Every Accident Case?
Not necessarily. You may handle the claim with the insurance company directly for minor accidents with minimal injuries and clear liability. However, hiring a car accident lawyer is advisable to protect your rights and secure fair compensation for complex cases involving severe injuries, multiple parties, or disputed liability.
How Much Does It Cost to Hire a Car Accident Lawyer?
Car accident lawyers typically work on a contingency fee basis, meaning they only get paid if you win your case. They receive a percentage of the settlement or court award. The exact percentage may vary depending on the complexity of your case.
Can I Negotiate with the Insurance Company Myself?
Yes, you can negotiate with the insurance company directly. However, insurance companies may try to minimize their payouts, and without legal representation, you might settle for less than you deserve. A lawyer can strengthen your negotiating position and lead to a more favorable outcome.
How Long Do I Have to File a Car Accident Lawsuit in Ponca City?
Time is limited to pursue your claim. The statute of limitations for car accident lawsuits in Oklahoma is usually two years from the accident date. Failing to file within this timeframe may result in losing your right to seek compensation.
Will My Case Go to Court if I Hire a Car Accident Lawyer?
Not necessarily. Many car accident cases are resolved through settlements outside of court, and your lawyer will first attempt to negotiate a fair settlement with the insurance company. However, your case may proceed to trial if a fair agreement cannot be reached.
Contact BDIW Law for a Free Consultation
If you have been involved in an auto or truck accident, enlisting the services of an experienced lawyer is essential to protect your best interests and secure fair compensation for your losses. We do not charge attorney fees until we are successful in our client’s cases. Call a Ponca City car accident lawyer today, or fill out our online contact form to schedule your free consultation.
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