A car accident in Tulsa, OK can cause physical, emotional, and financial problems. You cannot change the fact that an auto crash happened. However, if you hire a Tulsa personal injury lawyer, you can pursue compensation from anyone responsible for your collision.
If you have a car accident case, the team at BDIW Law will help you out. Our Tulsa car accident lawyer will not charge you anything unless we win or settle your auto accident claim. To get started, please reach out to us.
Types of Car Accidents in Tulsa
There are approximately 282.4 million motor vehicles and 228 million licensed drivers in the United States, according to the National Safety Council (NSC). Most motorists take precautions to avoid collisions. Yet, some drivers are negligent and cause many types of accidents, including:
Rear-End Collision
The rear driver is typically responsible for a tail-end crash. There can be times when the motorist driving in front is the at-fault party. To figure out who is responsible for your rear-end collision, consult with a Tulsa car accident attorney.
Rollover Accident
A car rollover is often the result of tripping (when a vehicle hits a curb or ditch and its weight shifts to one side), speeding, and inclement weather. When a car rolls over, the vehicle tips onto its side or roof. At this point, the automobile can crash into other cars or pedestrians.
Front-End Collision
Also called a head-on collision, this type of accident happens when a motorist slams their car directly into a vehicle in front of them. Reasons why front-end crashes occur include drunk driving, unsafe passing, and wrong-way driving. Severe car damage and serious injuries are common in head-on accidents.
Sideswipe Accident
In a sideswiping crash, two automobiles are traveling in the same direction, and the side of one vehicle slams into the side of another. Generally, the driver who switches lanes without making sure it is safe to do so is responsible for this type of collision. A car accident lawyer in Tulsa can look at all of the facts relating to your sideswiping accident and, if the other driver is responsible, help you sue this individual.
Merging Accident
When a driver merges their car from one lane to the next, they must make sure that no other vehicles are occupying the space where they want to move their vehicle. Otherwise, the driver can slam into a car and cause a merging accident. The motorist can be held accountable for the crash.
If you are involved in any of these accidents or any others due to no fault of your own, get help from a car accident attorney in Tulsa. At BDIW Law, we will discuss your legal options with you following your crash. To learn more, please get in touch with us.
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SPEAK TO AN ATTORNEY TODAYCommon Injuries Reported in Car Crashes
Car accident injuries range from mild to severe. Some car crash victims become temporarily or permanently disabled or die. Examples of injuries reported in auto collisions include:
- Lacerations
- Bone fractures
- Burns
- Amputations
- Traumatic brain injuries (TBIs)
- Neck injuries
- Spinal cord injuries
Call 911 as soon as your auto crash happens. This brings medical personnel to the accident scene to treat you and anyone else who may be injured. It also prompts police to come to the scene, collect information from you, the at-fault driver, and anyone else involved in your crash, and put together a police report.
To get fair compensation for your auto crash and injury, report the incident to your car insurance company. If the at-fault motorist or their insurer contacts you just days after your collision, do not accept a settlement. Continue to get medical treatment for any injuries, keep track of your medical bills and any other accident-related costs, and hire an attorney to file a personal injury lawsuit.
What It Takes to Maximize the Compensation You Get in Your Car Accident Lawsuit
One of the first hurdles in a car accident claim is dealing with insurance companies that want to settle claims quickly and for as little as possible. It is essential to understand that the first settlement offer you get may not fully cover the long-term costs of your injuries. Negotiate with an insurance company to receive a fair settlement that covers all of your expenses.
Strong evidence is the backbone of a successful claim. This includes police reports, witness statements, medical records, and, if available, video footage of your crash. In Tulsa, where traffic can be heavy and accidents frequent, timely and thorough evidence collection is vital.
Tulsa’s traffic laws play a significant role in determining fault and liability in car accidents, too. Learn about these laws and how they apply to your case. If the other party violated a traffic law, this boosts your chances of getting compensation.
How to Calculate Your Auto Accident Damages
Your auto crash damages can be significant. Accurately calculating your damages requires you to consider your immediate medical bills and lost wages. It also involves looking at long-term costs like ongoing therapy, future lost income, and pain and suffering.
In a lawsuit against a negligent or reckless driver, you can request economic and non-economic damages. Economic compensation refers to quantifiable losses, and non-economic damages are subjective losses. Along with these types of compensation, a judge or jury may award punitive damages, which are given out to deter an at-fault party from future acts of negligence.
There is no limit on the amount of economic and non-economic damages that you can request in an auto collision lawsuit. Punitive compensation is capped at $100,000 or the amount of compensatory damages awarded, whichever amount is greater, per Oklahoma Statutes §23-9.1. If you do not get a fair settlement offer, your lawyer will bring your case to trial and present an argument designed to help you secure the most damages possible.
How Much Time You Have to File a Car Accident Lawsuit
You have up to two years from the date of your auto collision to seek damages from any at-fault parties, according to Oklahoma Statutes §12-95. Do not wait to file your lawsuit. If you are unsure about whether to submit a claim, meet with an attorney.
There is a hard deadline for filing personal injury lawsuits. If you do not submit your claim within two years of your auto crash, the deadline to do so will not be extended. When the deadline lapses, you are solely responsible for any costs relating to your auto crash.
If you file a lawsuit, the defendant will be served with a complaint. Next, the discovery phase opens, and you and the defendant will have a set amount of time to gather evidence and witness testimony to support your respective arguments. You and the defendant also have the option to negotiate a settlement before your case goes to trial.
How to Prove Negligence in an Auto Accident Case
If you submit a lawsuit, you are responsible for preparing an argument that shows you deserve damages. The legal strategy you use will have far-flung effects on your case results. To understand the importance of your strategy, consider how an attorney will approach the following types of auto accident cases:
Complex Intersection Collision
In this scenario, multiple vehicles are involved, which makes it difficult to identify who is at fault. To succeed in this type of lawsuit, gather evidence relating to your medical expenses, pain, suffering, and other accident-related losses. Also, negotiate with the defendant, as this may allow you to get compensation without having to go through a lengthy legal process.
Hit-and-Run Accident
Find out who is responsible for your hit-and-run crash. Your lawyer will help you look for video footage from the accident scene and work with police to identify the at-fault party. If you locate the negligent motorist who caused your crash, file a lawsuit, and be open to negotiations with this individual and their insurance company.
Accident Where Both Drivers Share Responsibility
Do not take accountability for your crash, even if the at-fault motorist or their insurance company tries to get you to say that you were partly responsible. Per Oklahoma Statutes §23-13, comparative negligence applies to auto crashes and other personal injury claims. If you are found to be more than 50% at fault for your car collision, you cannot get compensation from any other drivers involved in it.
Negligence cases are characterized by four elements: duty, breach, causation, and damages. Individuals who seek financial compensation for their injuries must establish that the defendant was liable for their injuries. Proving these elements is critical — if you cannot show that they were present, you will not be awarded damages.
Benefits of Hiring a Car Accident Attorney
Having a lawyer on your side enables you to take advantage of attorney-client privilege and lawyer-client confidentiality. Your communications with your lawyer are privileged. Therefore, you do not have to reveal what you say to your lawyer to the defendant or their attorney over the course of your litigation.
Your lawyer’s legal theories and impressions and theories are protected from disclosure. Opposing counsel and defense lawyers may try to discover privileged information relating to your case. Regardless, if you have a lawyer at your side, you will know which information is privileged and which information is not privileged.
If you have legal questions, your attorney will answer them. Your lawyer makes sure you understand the steps involved in an auto crash lawsuit and what will happen when your case goes to trial. They explain the legal process and help you make informed decisions at every step along the way.
What It Means to Retain a Car Accident Lawyer on a Contingency-Fee Basis
When a lawyer says they work based on a “contingency fee,” it means you do not have to pay them anything upfront. The attorney accepts your case free of charge and looks for ways to win or settle your claim. Only if you are awarded damages will your attorney get compensation.
If you work with a lawyer on a contingency fee basis, you are not responsible for paying them unless your claim is successful. Your attorney treats you the same way they would if you paid them hourly fees for their legal services. If for any reason you do not get compensation from the at-fault party in your lawsuit, you do not have to pay your lawyer.
On the other hand, if your lawyer wins or settles your case while they work on contingency, they deduct a portion of your settlement to cover their legal fees. Your attorney explains the percentage that they will take from your settlement before they agree to represent you. If you accept the lawyer’s terms, they will give everything they have to resolve your case, since their compensation depends on it.
What to Do — and What Not to Do — During a Car Accident Lawsuit
If you get into an auto accident, make the most of your time. Do not rush through the incident in the hopes of moving on from it as quickly as you can. Use these tips to protect yourself during the crash and put yourself in the best position to secure damages as part of a personal injury lawsuit.
Get Medical Care
In 2021, there were 5.4 million medically consulted injuries reported in motor vehicle crashes in the United States, according to research. You may experience injury symptoms days or weeks after your auto crash. Rather than try to “tough it out” following your collision, go to a hospital, let a doctor evaluate you, and get the medical care you need to recover.
Exchange Information with the Other Driver
Get the other driver’s first and last name, driver’s license number, car insurance information, and vehicle make and model. You will need this information if you want to file a lawsuit against this individual. If any witnesses saw your accident, get their contact information as well.
Avoid Accepting Responsibility
Do not say you are in any way responsible for your crash. If the at-fault motorist or their insurer pushes you to take responsibility, connect with a lawyer. This gives you access to a legal representative who advocates for you and protects your legal rights.
Avoid Posting on Social Media
Keep in mind that your social media accounts can be used against you in a civil or criminal case. If you want to provide family members and friends with updates about your health and well-being after your crash, reach out to them directly. Because if you publish photos and videos relating to your accident, the defendant in your lawsuit may find them and use them to show your injuries are not as bad as you claim.
Partner with a Lawyer
Hire a personal injury lawyer who has car accident case experience. Learn about a Tulsa car accident attorney’s skills and expertise. Set up a date and time to discuss your case with a lawyer, so you can make sure they will put your best interests front and center.
Dealing with the aftermath of a car accident can be overwhelming. The team at BDIW Law has many years of experience with auto crash claims, and we are here to help you in any way we can. Please contact us today to schedule a free case consultation.
