Oklahoma Pedestrian Accident Lawyer

No one is more vulnerable to injury in a car crash or truck accident than a pedestrian who is standing, walking, jogging, or running alongside or across a road. Nothing protects a pedestrian from the impact of a motor vehicle during a crash. Pedestrians often suffer serious injuries, some of which are catastrophic or fatal. A pedestrian who survives a motor vehicle accident is likely to face a long and difficult road to recovery.

Unfortunately, pedestrian accidents are becoming increasingly common. According to the Governors Highway Safety Association, pedestrian fatalities are approximately 50 percent higher than they were a decade ago. According to the National Highway Traffic Safety Administration, 7,314 pedestrians were killed and more than 68,000 pedestrians were injured nationwide in one recent year.

At Cain Law, our dedicated Oklahoma City pedestrian accident attorneys work with injured crash victims to fight for the financial compensation they need to move forward with their lives. With more than 100 years of combined experience, the attorneys and legal team at Cain Law are widely recognized for going above and beyond for our deserving injured pedestrian clients, often helping people find medical providers when their family doctor can’t see them. Plus, Monty Cain’s litigation skills have earned Cain Law recognition among the National Association of Top 100 Trial Lawyers, Oklahoma Super Lawyers and the Million Dollar Advocates Forum.

Contact us today to schedule a free consultation about what type of compensation you may be entitled to after a pedestrian accident. Our law firm pursues personal injury claims on a contingency fee basis, which means you won’t pay us a fee until we obtain compensation for you.

Why You Need a Pedestrian Accident Attorney

Because pedestrians are vulnerable to severe injuries in a crash, insurance companies may jump at the chance to offer a settlement right off the bat. However, that settlement will not take into account the long-term consequences of your injuries, as well as the ongoing financial burdens that you will have to cope with.

Our local Oklahoma City pedestrian accident lawyers work quickly to evaluate your case and put your future into perspective. We don’t want you to be cheated out of compensation that we know you will need. You can count on our team to:

• Investigate your accident and identify legally responsible (liable) parties. In most cases, a single driver will be held liable. However, depending on the circumstances of your wreck, there may be multiple parties who have an obligation to compensate you.
• Identify all insurance coverage that can be applied to your accident and injuries, whether issued to liable parties or to you. This may include uninsured motorist (UM) coverage under your policy.
• Analyze your medical records to determine the full extent of your injuries and your recovery prognosis. We will enlist the help of independent medical professionals to consult on how your injuries will affect you in the future. Pedestrian injuries can be devastating.
• Calculate all your expenses related to the accident. A proper claim includes past, current, and future medical expenses, as well as lost income. In cases of disabling injuries, we work with medical, vocational, and economic consultants to identify future medical and/or life care needs and the lifetime cost of your diminished earning capacity.
• Calculate a fair payment for your pain and suffering. Determining an amount for “noneconomic damages” is a judgment call, but it can be based on such factors as the type of injuries sustained and medical procedures required, length of recovery time, any disability or disfigurement, and medications required. We will also consult with you and those around you about your experience.
• Aggressively negotiate claims with appropriate insurance carriers. Armed with evidence of how you have been impacted by this crash, we will fiercely negotiate for full and prompt payment of your claim.
• Pursue payment through personal injury lawsuit(s). When a proper pedestrian accident settlement cannot be reached through negotiations, we file a formal lawsuit to pursue compensation from the parties responsible for your injuries and losses. Keep in mind that lawsuits name individuals, but almost all money recovered in a lawsuit is paid by an insurance company.

Although most pedestrian injury cases are settled out of court, it is important to have an experienced attorney on your side who is prepared to see your case through to a verdict. You should know that it is not possible in the first days and weeks after a serious accident to know the true costs of significant injuries. That’s why when an insurance company offers a personal injury settlement quickly, it is a lowball payment based on past claims, not on your specific case.

Do not sign any statement or accept any payment from an insurance company until you have our seasoned OKC pedestrian accident attorneys review your case. The offer is probably too low, and by accepting it, you could be signing away your rights to additional compensation you deserve.

How Can Our Pedestrian Accident Lawyers Help You?

At Cain Law, we want to see you achieve a full recovery from your pedestrian accident. Our entire legal team and support staff work to ensure our clients have the support they need during this difficult time. When you contact our personal injury lawyers, you can trust us to:

• Set up a free initial legal consultation. Our first meeting is at no cost and with no further obligation from you. We can meet at our offices in Oklahoma City, Edmond, Tulsa, or wherever else is best for you.
• Get started on your case with no upfront fees. Our firm will pursue your claim on a contingency fee basis. If we see a way to obtain compensation for you, we will cover all costs of investigating your case and filing insurance claims, and not charge you a cent until we recover money for you. Then, our fee will be an agreed-upon percentage of the total settlement or jury award. If we do not win your case, you’ll pay no attorney fees. This arrangement protects you and incentivizes us.
• Manage all aspects of your insurance claim. We’ll deal with insurers for you and take care of the legwork necessary to obtain police reports and other accident evidence, medical records, medical receipts, etc.
• Respond promptly to your questions and concerns. You can count on us to answer your calls and return your emails promptly, including at night and during weekends.
• Ensure you have additional assistance if you need it. We are long-time Oklahoma City residents with a network of community contacts. We can help with referrals for general or specialized medical care, vocational rehabilitation counseling, in-home care or assistance, or anything else you may need. Just ask us.
• Keep you informed about your case. We will update you regularly on what’s happening in your case. We’ll advise you of any settlement offers, but all decisions will be up to you. If we must go to court, we will make sure you understand what to expect during a trial.
• Deal with insurers, medical providers, and others for you. When we take your case, we become your legal representatives and advocates. In all matters related to your accident, injuries, recovery, and legal claim, we ask you to refer questions to us, your attorneys.

Contact us today to get started on your claim, and let our Oklahoma pedestrian accident lawyers fight for full compensation after an accident.

8 Walking Safety Tips

Here are some of the tips that you can follow to stay safe while walking on Oklahoma roads:

1. Follow the rules of the road, including local ordinances, and obey signs and signals.
2. Walk on sidewalks whenever they are available.
3. If there is no sidewalk, walk facing traffic and as far from traffic as possible.
4. Cross streets at crosswalks or intersections. Look for cars in all directions, including those turning left or right.
5. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely. Continue watching for traffic as you cross.
6. Watch for cars entering or exiting driveways or backing up in parking lots.
7. Avoid alcohol and drugs when walking. They impair your abilities and your judgment.
8. Embrace walking as a healthy form of transportation – get up, get out, and get moving.

If you do end up being struck by a vehicle while walking, please contact 911 and request assistance. Take pictures of the parties and vehicles involved, including driver’s license, insurance information, vehicle tag information, company logos, or advertising on the vehicle.

Contact us today to get started on your claim, and let our Oklahoma pedestrian accident lawyers fight for the money you need to move forward after an accident.

How Common Are Pedestrian Accidents in Oklahoma?

According to the National Highway Traffic Safety Administration, traffic accidents killed 7,388 pedestrians across the U.S. in one recent year, a 12.5 percent increase from the previous year. In addition, 60,577 pedestrians were injured that same year. Traffic accidents in the U.S. kill a pedestrian every 71 minutes and injure a pedestrian every nine minutes. Pedestrians accounted for 17 percent of all traffic fatalities in the U.S. and 2 percent of all people injured in traffic accidents.

In Oklahoma, pedestrians accounted for 13.9 percent of all traffic fatalities, with 106 pedestrians killed in accidents in the state in one recent year, according to the National Highway Traffic Safety Administration. Furthermore, 26 pedestrians died in Oklahoma City alone that year, representing 26 percent of traffic fatalities in the city.

According to the Insurance Institute for Highway Safety, pedestrians were the second-largest category of traffic fatalities behind motor vehicle occupants, accounting for 11 percent of all traffic deaths. The Oklahoma Department of Health Vital Statistics further reports that Oklahoma had a total of 568 pedestrian deaths over one recent ten-year period. Native Americans aged 25 to 44 had the highest rate of pedestrian deaths. Pedestrians aged four and under had the highest rate of deaths occurring between 2 p.m. and 9 p.m., while half of traffic fatalities for pedestrians 25 and older occurred between 6 p.m. and 2 a.m.

Common Pedestrian Accident Injuries

Pedestrians often suffer life-altering injuries in these crashes. Our lawyers routinely help personal injury victims who have suffered serious injuries, such as:

If you or a loved one suffered any of the injuries described above, reach out to our personal injury lawyers for immediate legal assistance.

Common Causes of Pedestrian Accidents

Many pedestrian accidents in Oklahoma occur due to careless behavior by motorists or drivers’ violations of traffic laws. Some of the most frequent causes of pedestrian accidents include:

Other factors can cause or contribute to a pedestrian accident, such as adverse weather conditions, low lighting, vehicle defects/mechanical issues (such as brake failures), and unsafe design of roads or intersections.

Who Is Responsible for My Pedestrian Accident?

Various parties may be liable in pedestrian accident cases, depending on the circumstances. Those parties might include the following:

• An at-fault driver: A driver who hits a pedestrian because of negligent operation of their vehicle will likely bear primary liability for the collision. Common examples of negligence leading to pedestrian accidents include speeding, running traffic signals, making turns without looking, and failing to stop at crosswalks when required to do so.
• The at-fault driver’s employer: When a driver hits a pedestrian while driving for work, the driver’s employer may be responsible for the accident due to vicarious liability. For example, the employer of a delivery truck or commercial vehicle driver who hits a pedestrian may be responsible for a pedestrian’s injuries.
• The owner of the at-fault driver’s vehicle: When a driver hits a pedestrian after borrowing a vehicle from someone, the owner may be liable for negligently entrusting their vehicle to the at-fault driver. Negligent entrustment involves lending a car to someone the owner knows or should know poses a significant risk of causing an accident, such as an intoxicated or unlicensed individual. A vehicle owner may also bear responsibility for a pedestrian accident when their vehicle experiences a mechanical issue due to inadequate maintenance.
• A vehicle or auto part manufacturer: A vehicle or auto part manufacturer may be responsible for a pedestrian accident caused by a mechanical or design defect in a component it produced, such as a brake failure or unintended acceleration.
• A local government: A city or county may be legally responsible for a pedestrian accident caused by unsafe road conditions, such as missing signage, malfunctioning or broken traffic signals, worn crosswalk markings, or poor lines of sight that obstruct drivers’ views of pedestrians. In certain circumstances, local governments may be liable for negligent road design or maintenance.
• A transit agency: A local transit agency may bear liability for an injured pedestrian hit by the agency’s bus or other motor vehicle.

An experienced local Oklahoma attorney from our personal injury law firm can review your case and identify all parties who contributed to your injuries.

Compensation for Pedestrian Accident Claims

By filing a pedestrian accident claim, you can demand compensation for various financial and personal losses you suffered as a result, including your:

• Medical treatment: You can recover compensation for medical bills and rehabilitation expenses, emergency care, surgeries, hospitalization, prescriptions, medical and orthopedic equipment purchases, and physical and occupational therapy.
• Long-term care: Long-term or permanent disabilities and impairments could entitle you to compensation for related care expenses, such as home health services, housekeeping or childcare assistance, and home renovations to install disability accommodations like chair lifts or wheelchair ramps.
• Lost wages/income: If you need to take time off work or transfer to a modified duty role due to medical restrictions, you can claim compensation for the income you lose as a result. This can include salary, wages, tips, commissions, bonuses, benefits, and other revenue streams.
• Lost earning capacity: Prolonged or permanent disabilities could prevent you from returning to your pre-accident job or doing other types of work. If that happens, you can recover compensation for lost earning capacity, future earnings, and employment benefits, such as health insurance.
• Property damage: You can also recover compensation for repair or replacement costs for property damaged or destroyed in a pedestrian accident, such as a cell phone or eyeglasses.

You may also have the right to recover compensation for non-economic losses you suffer due to your injuries, which account for harm that has no clear dollars-and-cents value. These include:

• Physical pain and suffering from your injuries and subsequent medical treatment
• Emotional distress and trauma from the accident or your injuries and resulting disabilities
• Lost quality of life caused by disabilities, permanent scarring, or disfigurement

Can a Pedestrian Be at Fault for an Accident?

Motorists have an obligation to watch for pedestrians and take action to ensure their safety. A driver must yield the right of way by slowing down or stopping for a pedestrian crossing the street. A motorist is also expected to warn a pedestrian they are approaching by honking the horn if there is a danger of an accident. Drivers must also exercise caution when approaching a child or a confused or incapacitated adult in or near the roadway.

Pedestrians have rules to follow, too, such as crossing at intersections with the lights and in crosswalks, and facing traffic while walking along a road.

It is not unusual for those involved in a pedestrian accident to blame one another. In cases of serious injury, an independent accident investigation is often necessary for the injured pedestrian to hold a careless or reckless driver accountable. Cain Law can help you with this significant work. We can fight for maximum compensation from a negligent driver who has caused you or your loved one harm.

Oklahoma follows a modified comparative negligence rule for determining liability for losses arising from an accident. Under Oklahoma law, a pedestrian may recover compensation at trial if they have an equal or lesser share of fault than the other party or parties responsible for the pedestrian accident. However, any share of fault that the pedestrian bears for the accident will reduce their financial recovery in kind.

For example, suppose a jury awards an injured pedestrian $100,000 in compensation but finds the pedestrian was 25 percent at fault for the accident. In that case, the court may reduce the pedestrian’s financial recovery by $25,000 to reflect their share of liability for the accident. In this scenario, the accident victim would recover $75,000 from the other at-fault party or parties.

Because the comparative negligence rule can affect your financial recovery in your personal injury lawsuit, you should speak with an Oklahoma City pedestrian accident lawyer from Cain Law if someone tries to shift the blame onto you. Our OKC pedestrian accident lawyers can thoroughly investigate the accident to recover evidence to help us build a compelling case to minimize your share of fault and maximize your financial recovery.

What Should I Do After a Pedestrian Accident

The shock of getting hit by a motor vehicle can leave you feeling dazed and unsure of what steps you should take after the accident. However, taking prompt action after a pedestrian accident can protect your health and legal options. Here are some critical steps to take:

• Report the accident to the authorities: Call 911 or the police at the accident scene.
• Collect information: Take photos of the accident scene and get the involved driver’s license, vehicle, and insurance information.
• Seek prompt medical attention: Request medical attention at the accident scene or see a doctor as soon as you can. Prompt treatment can diagnose potentially serious medical conditions you might not have noticed at first. It can also tie those injuries to the accident, providing crucial documentation about what happened. Follow your doctor’s treatment plan and recovery instructions.
• Keep records: Request copies of the police report and the medical records of your treatment and rehabilitation. Keep all bills, invoices, and receipts for expenses, and gather copies of your pay stubs/income statements if you miss work or transfer to a modified duty role.
• Notify your auto insurance provider: Report the accident to your auto insurance provider (if you have a policy) to check whether you may have applicable coverage, such as MedPay coverage.
• Avoid discussing the accident on social media: Refrain from talking about the accident or your injuries. Do not post photos or videos of yourself on social media while undergoing treatment, as the insurance company will look for any evidence that contradicts your claim.

Finally, contact a local Oklahoma City pedestrian accident attorney from Cain Law for a free consultation. We’re standing by to discuss how our personal injury law firm can help you seek financial recovery and accountability from the driver or other parties responsible for your injuries.