Some Oklahoma City motor vehicle crashes occur due to unpredictable and frankly uncontrollable circumstances. Someone who just purchased a new vehicle may not know about a defective component that fails while they are on the highway. Issues with the road or inclement weather can also increase the likelihood of a crash occurring.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
However, many collisions occur because drivers make poor choices. Some people violate minor traffic statutes. They might exceed the speed limit or forget to use a turn signal in traffic. Those minor mistakes could become the underlying cause of a major wreck.
Other times, drivers are obviously unsafe on the road. They give their own safety or the well-being of others no consideration by speeding, texting, or even drunk driving. Reckless driving is unfortunately a common practice in Oklahoma. Reckless drivers may cause crashes that claim lives or put others in the hospital.
Reckless drivers are liable for their mistakes
Technically, the Oklahoma reckless driving statute is broad and somewhat open to interpretation. Anyone who operates a vehicle with wanton disregard for the safety of others may be guilty of reckless driving. However, the idea of what constitutes disregard for the safety of others can differ from person to person.
Generally speaking, if other people should be able to agree that a choice was unsafe, that may lend credence to the claim that a driver was reckless. For example, drag racing on public roads is an activity that most people would acknowledge could lead to catastrophic injuries or death. So is driving the wrong way on a one-way street or driving at 30 miles per hour above the posted speed limit.
Reckless drivers are responsible for their choices
There are many ways for people to hold reckless drivers accountable when they cause crashes. Officers may arrest individuals for reckless driving, as it is a criminal offense, not just a traffic infraction.
Those involved in a collision caused by a reckless driver may have the option of filing a personal injury lawsuit in Oklahoma City. People who lose a loved one in a deadly crash may have grounds for an Oklahoma City wrongful death lawsuit. If the state successfully prosecutes someone for reckless driving, that may bolster the rights of those with financial losses related to the incident.
Especially when reckless drivers cause serious financial losses for others or do not have proper insurance, an Oklahoma City drunk driving lawsuit is a reasonable way to demand accountability for their misconduct. Realizing that reckless driving is an actionable offense may benefit those affected by a crash caused by patently unsafe conduct.
Recklessness vs. Negligence: The Legal Distinction That Changes Your Case
Oklahoma law distinguishes between negligence and recklessness, and that distinction matters significantly to the damages available. Negligence is a failure to exercise the care a reasonable person would — running a red light by inattention, following too closely. Recklessness is something more: a conscious disregard for the safety of others. A driver who ran multiple red lights before the crash, a driver with a blood alcohol content far above the legal limit who got behind the wheel anyway, a driver who was texting at high speed on a known construction zone — these are recklessness cases, not mere negligence cases.
The distinction matters because Oklahoma allows punitive damages when a defendant’s conduct rises to recklessness or intentional misconduct. Punitive damages are not tied to the victim’s actual losses — they are designed to punish the defendant and deter similar conduct. In cases involving drunk drivers with prior DUI convictions, drivers who fled the scene, or commercial operators who falsified safety records, Oklahoma juries have returned significant punitive awards. An experienced personal injury attorney identifies early whether the facts support a punitive damages claim and structures the case accordingly.
Building a Reckless Driver Accountability Case
Holding a reckless driver fully accountable requires evidence that goes beyond the police report. Prior driving record — DUI history, reckless driving convictions, suspended license — is admissible to establish a pattern of dangerous conduct. Cell phone records show if the driver was on their phone at the moment of impact. Blood alcohol tests and toxicology results document impairment. Dash-cam footage and nearby surveillance cameras may capture the driver’s conduct leading up to the crash. The more complete the evidence, the stronger the case for both compensatory and punitive damages.
Compensation and Oklahoma’s Statute of Limitations
Victims of reckless drivers can recover the full range of Oklahoma personal injury damages: medical expenses (past and future), lost wages and earning capacity, vehicle damage, pain and suffering, loss of enjoyment of life, and emotional distress. When the evidence supports punitive damages, those are pursued in addition to compensatory recovery. Oklahoma’s personal injury statute of limitations is two years from the crash date. Evidence of recklessness — prior records, electronic data, surveillance footage — must be preserved early. An attorney issues preservation demands immediately upon retention to prevent evidence destruction that the defendant might otherwise legally accomplish.
Frequently Asked Questions
The reckless driver was also criminally charged — does that help my civil case? Yes. A criminal conviction is admissible in a subsequent civil proceeding. Even without a conviction, criminal charging records, police observations of impairment, and field sobriety test results can all be used in the civil case. The civil standard (preponderance of evidence) is also lower than the criminal standard (beyond reasonable doubt), so civil cases can succeed even when criminal charges are reduced or dismissed.
What if the reckless driver doesn’t have much insurance? Oklahoma allows recovery against the driver’s personal assets in addition to insurance limits. Punitive damages cannot typically be satisfied by insurance (many policies exclude punitive damages), meaning they come directly from the driver. An attorney investigates all assets and all available coverage, including the victim’s own uninsured/underinsured motorist policy.
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If you or a loved one has been injured, contact our experienced Oklahoma City car accident attorney at Warhawk Legal. We offer free consultations and only get paid when you win.