Pedestrian accidents often result in fatalities or life-altering injuries. While negligent drivers are liable for most pedestrian accidents, other parties may be partially or entirely at fault.
Our Warhawk Legal pedestrian accident attorneys in OKC have a proven record of protecting the rights of accident victims and helping them secure maximum compensation for their damages. We will carefully investigate your accident to help identify all possible causes and potentially liable parties to ensure that at-fault parties are held responsible for paying your damages.
Call (405) 397-1717 or complete the short form on our contact page and schedule a free consultation to discuss your OKC pedestrian accident claim.
When Motor Vehicle Drivers Are Liable For Pedestrian Accidents in OKC
As outlined in Oklahoma Statutes §47-11-502, drivers must slow down or stop to allow pedestrians to cross the street at crosswalks when the pedestrian is on the same side of the street as the driver, or close enough to the driver’s side of the street to be in danger. This is true even if there is no traffic light. Additionally, drivers behind the stopped vehicle are prohibited from passing it.
Oklahoma Statutes §47-11-504 requires drivers to exercise due care, stating:
“Drivers to exercise due care. Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.”
Some causes of drivers failing to exercise due care and being liable for a pedestrian accident include:
- Driving distracted.
- Driving under the influence of alcohol or other drugs.
- Driving fatigued or sleepy.
- Speeding and other types of aggressive driving.
If the driver negligently causes a pedestrian accident, they will be held liable for the resulting damages.
When Pedestrians Are At-Fault or Partially At-Fault For Accidents in OKC
Sometimes pedestrians are at fault or partially at fault for their accident.
Oklahoma Statutes §47-11-502(b) states that “[N]o pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.”
And Oklahoma Statutes §47-111-503 provides:
“Crossing at other than crosswalks.
(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.”
So, pedestrians are required to take precautions and yield to vehicles in most circumstances, and should only cross the road at designated crosswalks.
When pedestrians act negligently, they may be held liable or partially liable for an accident, which can reduce their compensation or prevent them from recovering any compensation.
Oklahoma follows a modified comparative fault rule that prevents an accident victim from recovering compensation if they are more than fifty percent at fault for the accident. If they are fifty percent or less at fault, they can still recover compensation, but it will be reduced by their percentage of fault.
Our OKC accident lawyers will work to protect your rights and avoid or minimize any fault assigned to you so you can recover maximum compensation.
Other Liable Parties For Pedestrian Accidents in OKC
Drivers and pedestrians are not the only parties that may be liable in a pedestrian accident in OKC. Any party that contributed to the accident could bear responsibility for the resulting damages.
For example, if the vehicle malfunctioned or its equipment failed during operation, leading to the accident, the manufacturer of the vehicle or vehicle part could be liable. Likewise, if a negligently maintained or dangerously designed street contributed to the cause of the accident, a government agency could be liable for the damages sustained.
Our skilled personal injury attorneys in OKC examine your accident from every angle to help identify all possible causes and potentially liable parties, and will hold all liable parties accountable for paying your damages.
Consult an Experienced OKC Pedestrian Accident Attorney
At Warhawk Legal, our experienced OKC pedestrian accident attorneys have a proven record of securing maximum compensation for our clients, and we want to do the same for you.
Call (405) 397-1717 or visit our contact page to schedule a free consultation to discuss your OKC pedestrian accident claim.