Every day, drivers across Oklahoma City put others at risk by taking their eyes off the road — to check a text, scroll through a playlist, or glance at a GPS. If you were injured by a distracted driver, understanding Oklahoma’s laws can help you protect your rights and pursue the compensation you deserve.
What Oklahoma Law Says About Distracted Driving
Oklahoma prohibits all drivers from manually using a handheld electronic device while driving. Under the HANDS Free Act, signed into law in 2015, drivers may not hold or use a phone to text, browse, or make calls unless using a hands-free device. Violating this law carries a fine – and in a personal injury claim, it can serve as powerful evidence of negligence.
Oklahoma also bans texting while driving entirely, regardless of whether the vehicle is moving or stopped in traffic. For commercial truck drivers, federal FMCSA regulations impose even stricter rules, prohibiting handheld phone use altogether.
How Distracted Driving Affects Your Injury Claim
If a distracted driver caused your accident, their behavior may constitute negligence under Oklahoma law. To succeed in a personal injury claim, your attorney will work to establish that the driver owed you a duty of care, breached that duty through distracted driving, and that the breach directly caused your injuries and losses.
Evidence that can support your claim includes the driver’s phone records, witness statements, traffic camera footage, and the official police report. If law enforcement cited the driver for a distracted driving violation at the scene, that citation can significantly strengthen your case.
It’s also worth knowing that Oklahoma follows a modified comparative fault rule. As long as you are found to be 50% or less at fault for the accident, you can still recover compensation – though your award may be reduced by your percentage of fault. This means that even if the insurance company tries to shift some blame onto you, you may still have a valid claim.
Don’t Wait to Take Action
Oklahoma’s statute of limitations gives personal injury victims two years from the date of the accident to file a claim. While two years may seem like ample time, evidence fades quickly. Phone records can become harder to obtain, witnesses become harder to locate, and memories fade. The sooner you act, the stronger your case.
If you were injured by a distracted driver in Oklahoma City, the attorneys at Stipe & Belote are ready to help. We know how to investigate these cases thoroughly, hold negligent drivers accountable, and fight for the full compensation you deserve. Contact us today for a free consultation.