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Car Accident Table of Contents

Expert Legal Support for Crash Victims in Oklahoma City

The Law Offices of Stipe & Belote are prepared to negotiate with insurance companies, gather the necessary evidence to support your claim, and advocate for your rights in court if needed. We believe that individuals who have suffered injuries deserve more than just financial restitution; they deserve the reassurance that those responsible for their pain are held accountable. Our committed team of legal professionals is dedicated to passionately representing those affected by the negligence of others.

At Stipe & Belote, we see our work as a mission to restore justice and secure the compensation you need to move forward in life. You don't have to face the complexities of a car accident claim on your own. Reach out to us today to schedule a consultation.

two cars in a crash

What Are the Different Types of Car Accident Injuries?

Jack Stipe and James Belote, each being a car accident attorney in Oklahoma City, are esteemed for their achievements in personal injury law. They manage a diverse array of car accident injury cases, which encompass, but are not limited to:

Oklahoma's Car Accident Laws

FAULT-BASED SYSTEM

Oklahoma follows a fault-based system, meaning that the party responsible for causing a car accident is liable for any damages or injuries resulting from the accident. The at-fault driver's insurance typically covers medical bills, property damage, and other costs.

COMPARATIVE NEGLIGENCE

Oklahoma uses a modified comparative negligence rule. If you are partially at fault for an accident, your compensation may be reduced according to your degree of fault. For example, if you are found 20% responsible for the accident, your damages will be reduced by 20%. However, you cannot recover any damages if you are more than 50% at fault.

STATUTE OF LIMITATIONS

There is a time limit for filing a personal injury lawsuit after a car accident. In Oklahoma, the statute of limitations for car accident claims is:

  • Two years for personal injury claims
  • Two years for property damage claims

This period starts from the date of the accident. If you fail to file within this time frame, you may lose your right to seek compensation.

MANDATORY INSURANCE REQUIREMENTS

Oklahoma requires drivers to carry minimum liability insurance coverage, which helps pay for damages in the event of an accident. The minimum insurance limits are:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage

UNINSURED OR UNDERINSURED MOTORIST COVERAGE

Oklahoma law requires insurance companies to offer uninsured/underinsured motorist (UM/UIM) coverage. While you can opt out of this coverage in writing, it protects you if you are involved in an accident with a driver who does not have enough (or any) insurance.

REPORTING CAR ACCIDENTS

In Oklahoma, you are legally required to report any car accident that results in injury, death, or property damage over $300 to law enforcement. Failing to report such an accident can result in penalties.

NO “NO-FAULT” INSURANCE

Oklahoma is not a "no-fault" state, meaning that fault must be established to determine who is responsible for damages after an accident. Drivers are not required to use their own insurance to cover their damages unless they have specific coverage, like collision insurance.

HIT-AND-RUN LAWS

Leaving the scene of a car accident in Oklahoma without providing information or rendering aid is illegal. Hit-and-run drivers can face severe criminal penalties, including fines and imprisonment, mainly if the accident results in injury or death.

DRAM SHOP LIABILITY

In Oklahoma, a business or establishment that serves alcohol to an intoxicated person, who then causes an accident, may be held liable for damages. This law is known as "Dram Shop" liability.

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Who Can Be Held Legally Liable?

The most common party held liable in a car accident is the driver who caused the crash. To reiterate, Oklahoma follows a fault-based system, which means the driver found responsible for the accident must cover the damages of those injured. If drivers act negligently (e.g., speeding, running a red light, distracted driving), they can be held legally liable for the resulting injuries and damages.

Other potentially liable parties include the following:

  • Vehicle Owner: In some cases, the vehicle owner may be held liable even if they weren’t driving at the time of the accident. This can happen if the owner knowingly allows an unlicensed, uninsured, or incompetent driver to operate the vehicle. If the driver's negligence results in an accident, the vehicle owner can be held legally responsible under what’s known as "negligent entrustment."
  • Employers: If the driver causing the accident was on the job at the time of the crash, their employer may be held liable under the legal principle of "vicarious liability" or "respondeat superior." This applies if the driver was acting within the scope of their employment, such as a delivery driver or a commercial truck driver.
  • Car Manufacturers: Sometimes accidents occur due to a vehicle defect or malfunction. In such cases, the car manufacturer or the maker of a defective part could be held liable under product liability law. If a defective brake system, airbag, or other vehicle component causes or worsens an accident, the manufacturer might be responsible for the injuries sustained.
  • Government Entities: Government entities may be held liable if the accident was caused by dangerous road conditions or the failure to maintain roads properly. If, for example, poorly designed intersections, missing traffic signs, or inadequate road maintenance (e.g., potholes, unsafe shoulders) contribute to an accident, a government agency may be held responsible.
  • Pedestrians or Cyclists: Although drivers are most commonly at fault, there are situations where a pedestrian or cyclist can be held liable for causing an accident. For example, if a pedestrian jaywalks or a cyclist disobeys traffic signals, their actions could lead to a crash, and they may bear some or all of the legal liability.

In many car accidents, more than one party may share responsibility. Again, Oklahoma follows a modified comparative negligence rule, which means that if multiple parties are partially at fault, each one’s liability is proportionate to their degree of fault. If a victim is found to be partially responsible for the accident, their compensation will be reduced by their percentage of fault. However, if a party is more than 50% at fault, they cannot recover damages.

What Compensation Can I Get for a Car Accident in Oklahoma City?

MEDICAL EXPENSES

Victims of car accidents can seek compensation for both current and future medical expenses related to their injuries. This can include the following:

  • Emergency room visits
  • Hospital stays
  • Surgeries
  • Physical therapy
  • Medications
  • Follow-up doctor visits
  • Assistive devices (crutches, wheelchairs, etc.)
  • Rehabilitation services

In severe injuries, victims may also be compensated for future medical treatments and ongoing care.

PAIN AND SUFFERING

Pain and suffering compensation is awarded to cover the physical pain and emotional distress that victims experience as a result of the accident. While medical expenses are easily calculated, compensation for pain and suffering is more subjective and depends on factors such as:

  • The severity and duration of the injuries
  • The level of physical discomfort
  • The emotional impact (e.g., anxiety, depression, PTSD)
  • The impact on the victim’s quality of life

LOST WAGES

If a car accident causes the victim to miss work due to their injuries or medical appointments, they may be entitled to compensation for lost wages. This can cover:

  • Income lost during the recovery period
  • Lost earning capacity, if the victim is unable to return to their previous job or can no longer work in the same capacity due to their injuries

PROPERTY DAMAGE

Car accidents often result in damage to the victim’s vehicle or other personal property. Compensation may be awarded to cover the costs of repairing or replacing the damaged vehicle and any other items that were lost or damaged in the accident (e.g., phones, laptops).

LOSS OF CONSORTIUM

In cases where a car accident affects the victim’s relationship with their spouse or family, a claim for loss of consortium may be filed. This type of compensation is intended to address the loss of companionship, affection, and emotional support due to the injuries sustained in the accident.

EMOTIONAL DISTRESS

Beyond physical pain, car accident victims may also suffer emotional and psychological trauma. Compensation for emotional distress covers mental anguish, anxiety, fear, and other emotional effects stemming from the accident. This is especially relevant in cases where the victim develops conditions like post-traumatic stress disorder (PTSD).

PUNITIVE DAMAGES

In rare cases, punitive damages may be awarded if the at-fault driver’s actions were especially reckless or malicious (e.g., driving under the influence, road rage). Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. However, they are only awarded in cases where the defendant’s conduct is deemed egregious.

DISABILITY AND DISFIGUREMENT

Victims who suffer permanent disabilities or disfigurement as a result of a car accident may be compensated for the lifelong impact of these conditions. Compensation may cover:

  • The inability to perform everyday activities
  • Loss of enjoyment of life
  • Adjustments to living conditions (e.g., home modifications)
  • Ongoing medical care and support

WRONGFUL DEATH COMPENSATION

If a car accident results in the death of a loved one, surviving family members may be entitled to compensation through a wrongful death claim. This can cover:

  • Funeral and burial expenses
  • Medical bills incurred before the victim's death
  • Loss of income and financial support
  • Loss of companionship and emotional suffering of the surviving family members
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What Steps Should You Take After an Accident?

After a car accident in Oklahoma, taking the following steps can protect your safety, legal rights, and ability to seek compensation:

  • Ensure Safety: Check for injuries and move to a safe location if possible. Call 911 for medical help if anyone is injured.
  • Contact Law Enforcement: Report the accident to the police, especially if there are injuries, fatalities, or significant property damage. Request a copy of the police report later for your records.
  • Exchange Information: Collect all involved drivers' contact, insurance, and vehicle information. Be sure to get their name, address, phone number, driver’s license number, and insurance policy details.
  • Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. Gather contact information from any witnesses.
  • Seek Medical Attention: Even if you feel fine, get a medical evaluation. Some injuries may not be immediately apparent.
  • Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible to begin the claims process.
  • Consult an Attorney: Consider speaking with a car accident lawyer in OKC to understand your legal options, especially if there are injuries or disputes about fault.

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What Is the Legal Process of a Car Accident Claim in Oklahoma City?

FILING AN INSURANCE CLAIM

After a car accident, the first step is typically filing a claim with the at-fault driver’s insurance company. You will need to provide evidence of the other party’s fault, such as a police report, medical records, and documentation of damages.

Types of claims include:

  • Third-Party Claim: Filed with the at-fault driver’s insurance.
  • First-Party Claim: Filed with your own insurance if you have collision or uninsured motorist protection coverage.

SETTLEMENT NEGOTIATIONS

After the investigation, the insurance company may offer a settlement. This payment covers medical bills, property damage, lost wages, and other expenses. It’s important to carefully review any offer, as initial settlements may not fully cover all your losses. You or your attorney can negotiate higher if the offer is insufficient.

INVESTIGATION

Once the claim is filed, the insurance company will conduct an investigation. This involves reviewing evidence from the accident; then, the insurer will determine liability and the extent of damages based on this investigation.

FILING A LAWSUIT (IF NECESSARY)

If the insurance company denies your claim or offers an inadequate settlement, you may choose to file a lawsuit.

PRETRIAL PROCESS

Once a lawsuit is filed, the pretrial phase begins. This involves several stages:

  • Pleadings: Both parties file documents outlining their claims and defenses.
  • Discovery: Both sides exchange evidence and information. This can include depositions, interrogatories, and requests for documents.
  • Motions: Attorneys may file pretrial motions to resolve certain issues before trial, such as requests to dismiss the case or exclude specific evidence.

MEDIATION OR SETTLEMENT CONFERENCE

Before going to trial, many car accident cases go through mediation or a settlement conference. At these conferences, both parties, their attorneys, and a neutral mediator attempt to reach an agreement. Settlement at this stage can avoid the time and expense of a trial.

TRIAL

If the case does not settle, it will proceed to trial. During the trial, both sides present evidence and arguments. A judge or jury will then determine whether the defendant was at fault and, if so, the amount of damages to be awarded.

APPEAL (IF NECESSARY)

If either party is dissatisfied with the trial outcome, they may file an appeal. However, appeals are only granted if there is a legal basis, such as a mistake made during the trial process.

Car Accident Lawyer Serving Oklahoma

No matter what type of accident, you can have confidence in our OKC car accident lawyer’s ability to vigorously protect your rights and interests. With legal representation from the firm, you can focus on the most important issue: your health and recovery. Call the Law Offices of Stipe & Belote to schedule a free, no-obligation consultation with an Oklahoma City car accident lawyer.

Belote, attorney, speaking in a youtube video

Car Accident FAQs

What should I do immediately after being involved in a car accident?

How can I determine if I have a valid legal claim after a car accident?

What types of compensation can I seek after a car accident?

How long do I have to file a legal claim after a car accident?

What role does insurance play in car accident claims?

What should I do if the other party's insurance company contacts me?

How does the legal process for car accident claims typically unfold?

What is the potential timeline for resolving a car accident legal claim?

How does comparative negligence affect car accident claims?

What sets a skilled car accident attorney apart when handling legal claims?

What should I do immediately after being involved in a car accident?

After a car accident, the first priority is to ensure the safety and well-being of everyone involved. If possible, move your vehicle to a safe location and check for injuries. It's crucial to exchange contact and insurance information with the other parties involved. Additionally, documenting the accident scene by taking photos and gathering witness information can be valuable. Promptly reporting the accident to law enforcement and seeking medical attention, even for seemingly minor injuries, is essential for your health and any potential legal claims.

How can I determine if I have a valid legal claim after a car accident?

Determining the validity of a legal claim after a car accident involves assessing various factors, such as the extent of injuries, property damage, and liability. You may have a valid legal claim if you have suffered injuries or property damage due to another party's negligence or wrongful actions.

What types of compensation can I seek after a car accident?

In the aftermath of a car accident, you may be entitled to seek compensation for various damages, including medical expenses, lost wages, property damage, pain and suffering, and, in some cases, punitive damages.

How long do I have to file a legal claim after a car accident?

The timeframe for filing a legal claim after a car accident, known as the statute of limitations, varies by state. It is crucial to be aware of the statute of limitations applicable to your case, as failing to file a claim within the specified time frame can result in the forfeiture of your legal rights to seek compensation.

What role does insurance play in car accident claims?

Insurance plays a significant role in car accident claims, often covering medical expenses, property damage, and liability. Understanding the nuances of insurance policies, coverage limits, and the claims process is essential for maximizing your benefits.

What should I do if the other party's insurance company contacts me?

If the other party's insurance company contacts you, it's essential to be cautious about providing recorded statements or signing documents without consulting a car accident attorney. Insurance adjusters may seek to minimize the value of your claim, so having legal representation can help protect your rights and ensure that you are not taken advantage of during the claims process.

How does the legal process for car accident claims typically unfold?

The legal process for car accident claims often begins with an investigation into the circumstances of the accident, including gathering evidence, assessing liability, and determining the extent of damages. Subsequently, negotiations with insurance companies or the at-fault party may occur to settle. If a fair settlement cannot be reached, the case may proceed to litigation, where a trial may be necessary to resolve the matter.

What is the potential timeline for resolving a car accident legal claim?

The timeline for resolving a car accident legal claim can vary depending on the case's complexity, the extent of injuries, and the willingness of the involved parties to negotiate. While some cases may be resolved through settlement negotiations within a few months, others may require more time, particularly if litigation becomes necessary.

How does comparative negligence affect car accident claims?

Comparative negligence is a legal principle that can impact car accident claims in states that recognize this doctrine. Under comparative negligence, the compensation awarded to an injured party may be reduced in proportion to their degree of fault in the accident. Understanding how comparative negligence applies to your case is crucial, as it can influence the potential recovery of damages.

What sets a skilled car accident attorney apart when handling legal claims?

A skilled OKC auto accident lawyer possesses the knowledge, experience, and resources to effectively advocate for your rights and pursue the maximum compensation available. From conducting thorough investigations and negotiating with insurance companies to representing your interests in litigation, a dedicated car accident attorney can provide invaluable support and guidance throughout the legal process, ultimately striving to secure a favorable outcome for your case.

Car Accident Insurance Claims Distracted Driver Accidents Driving While Texting Drunk Driving Accidents Head-On Accidents Multi-Vehicle Accidents Rear-End Accidents Side-Impact Accidents Types of Car Accidents

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