Distracted Driving Accidents in Oklahoma City: Your Legal Rights
Distracted driving is one of the leading causes of car accidents in Oklahoma City. If you have been injured by a distracted driver and need a distracted driving accident attorney Oklahoma City residents can count on, Warhawk Legal’s Joe Carson has the experience to prove negligence and fight for maximum compensation.
WHAT IS DISTRACTED DRIVING UNDER OKLAHOMA LAW?
Oklahoma law defines distracted driving broadly to include any activity that diverts the driver’s attention from the primary task of driving safely. The most common and well-documented form is cell phone use. However, distractions also include:
- Eating and drinking while driving
- Adjusting navigation or entertainment systems
- Interacting with passengers
- Grooming
- Reading
Oklahoma’s distracted driving law prohibits texting while driving. For drivers under 18, all handheld cell phone use while driving is prohibited. Violations are ticketable offenses. A citation issued to the at-fault driver at the scene of the accident is powerful evidence in your personal injury claim.
HOW TO PROVE A DRIVER WAS DISTRACTED IN OKLAHOMA
Proving distracted driving in a personal injury case requires gathering evidence that establishes the driver was not paying full attention at the time of the crash. Warhawk Legal pursues multiple evidence sources, including:
- Cell phone records obtained through formal legal discovery showing calls, texts, or app activity at the time of the crash
- Surveillance and traffic camera footage capturing the driver’s behavior before impact
- Witness testimony from people who observed the driver’s behavior
- The police report and any citations issued at the scene
- The driver’s own admissions at the scene or in social media posts
- Accident reconstruction expert analysis
Cell phone records are particularly powerful evidence. Through the legal process, Warhawk Legal can subpoena the at-fault driver’s cell phone records to obtain a time-stamped log of all calls, texts, and data usage in the moments before the crash.
OKLAHOMA CITY DISTRACTED DRIVING STATISTICS
Distracted driving crashes are consistently among the most common accident types on Oklahoma City roads. Dangerous areas include I-35, I-40, the Broadway Extension, and surface streets throughout the metro. The Oklahoma Department of Transportation tracks distracted driving as a separate crash category. The numbers confirm it is a persistent and serious danger on our roads.
WHAT YOUR DISTRACTED DRIVING CLAIM IS WORTH IN OKLAHOMA
The value of a distracted driving accident claim in Oklahoma is determined by the severity of your injuries, your medical expenses, lost wages, pain and suffering, and the available insurance coverage. However, there is an additional element worth noting. When a driver’s distracted behavior is particularly egregious — such as watching a video or scrolling social media at highway speeds — punitive damages may be available in addition to compensatory damages. Punitive damages are designed to punish the wrongdoer and can significantly increase the total value of your claim.
WHAT TO DO AFTER A DISTRACTED DRIVING ACCIDENT IN OKLAHOMA CITY
- Call 911 immediately and tell the officer if you observed the other driver using a phone before the crash
- Get medical attention the same day
- Photograph the scene and your injuries
- Get witness contact information
- If you can safely do so, note whether the other driver appeared to be looking at a phone or engaged in another distraction immediately before the impact
- Do not speak with the other driver’s insurance company before consulting Warhawk Legal
HOW WARHAWK LEGAL OBTAINS CELL PHONE RECORDS
One of the most important steps Warhawk Legal takes in every distracted driving case is pursuing the at-fault driver’s cell phone records through formal legal discovery. We send a litigation hold notice to the driver and their carrier as soon as we take your case — this prevents records from deletion or overwriting. We then subpoena the driver’s cell phone carrier for time-stamped records of all calls, texts, and data usage in the minutes before the crash. For the client, this process happens in the background. You do not need to contact the phone company or take any action. Warhawk Legal handles it entirely. When those records show phone activity at the moment of impact, they become some of the most compelling evidence in your case.
PUNITIVE DAMAGES IN OKLAHOMA DISTRACTED DRIVING CASES
In some distracted driving cases, Oklahoma law allows for punitive damages in addition to compensatory damages for medical bills, lost wages, and pain and suffering. Punitive damages are not available in every case. Courts reserve them for situations where the defendant’s conduct was reckless or showed a conscious disregard for the safety of others. A driver who was streaming video, scrolling social media, or engaged in a lengthy text conversation at highway speeds may meet that threshold. Oklahoma courts use punitive damages to send a clear message that this conduct will not be tolerated. When the facts support a punitive damages claim, Warhawk Legal pursues it aggressively.
For more information on Oklahoma’s distracted driving laws visit the Oklahoma Department of Transportation at odot.org.
Contact Warhawk Legal | Car accident practice | Call (405) 397-1717. Free consultation. No fee unless we win.