Although Oklahoma law prohibits texting while driving, many motorists still operate their vehicles while distracted by electronic devices. Drivers may only take their eyes off the road for an instant, but the impact of a crash can affect a victim’s life for years.
If you were hurt in a crash caused by a distracted driver, an Owasso texting while driving car accident lawyer may be able to help. While you focus on your health, an attorney could comb through medical records, police reports, and witness statements in pursuit of fair compensation.
In 2015, Oklahoma joined other states in banning texting while driving. According to Oklahoma Statutes §47-11-901(d), it is unlawful to operate a motor vehicle on any street or highway while physically typing, sending, or reading text messages while the motor vehicle is in motion. Simply put, Oklahoma drivers cannot manually text while driving.
The statute defines a text message as a text-based message, instant message, electronic message, photo, video, or email. Exceptions to the ban include using a device solely for the purpose of communicating in an imminent emergency to:
Although the punishment for texting while driving is a minor $100 fine, a car accident can result in much more serious consequences for the victims.
Unfortunately, not everyone listens to the letter of the law. When a driver violates the texting-while-driving ban and causes an accident, a personal injury lawyer may be able to seek compensation for the injury victim’s damages.
An Owasso lawyer handling texting while driving car accident case may be able to show the driver violated the ban from information found in sources such as:
Oklahoma applies the doctrine of modified comparative negligence when awarding damages in a personal injury case. Showing that a driver broke the law may be powerful evidence of fault, but in some cases, the injury victim may also have contributed to the crash. As long as the plaintiff is 50 percent responsible or less, they can still recover some compensation, but the total award would be reduced. For example, if the injured driver is 30 at fault for the crash, they could only recover 70 of their total damages.
Seeking compensation through a jury verdict or a settlement requires a significant amount of preparation. An Owasso texting while driving car accident attorney would compile numerous documents to show both the defendant’s fault and the victim’s damages.
Not every effect of an accident is easily measurable, however. Victims may be in significant pain, have emotional trauma, or no longer be able to enjoy their favorite activities. These losses are also compensable in a personal injury case.
If you were injured by a negligent driver, the law may be on your side. However, showing that the other driver broke the law is just the start of the legal process to receive compensation for your injuries.