Pedestrian Accident Lawyer in Oklahoma: Your Rights After Being Hit by a Car

• You do not need to be in a crosswalk to have a valid claim. Oklahoma law (47 O.S. § 11-504) requires drivers to exercise due care to avoid hitting pedestrians in all circumstances, not just at crosswalks. Even if you crossed mid-block or outside a marked crosswalk, you may still recover compensation if the driver was not exercising reasonable care.
• Oklahoma's modified comparative fault rule allows partial recovery. Under 23 O.S. § 13, you can recover compensation even if you were partially at fault for the accident, as long as your fault was less than 51%. Your recovery is reduced by your percentage of fault, so if you were 20% at fault and your damages are $100,000, you recover $80,000.
• Pedestrian injuries are typically catastrophic. A 3,000-pound vehicle striking a pedestrian at even 20 mph can cause traumatic brain injury, spinal cord injury, multiple fractures, and internal organ damage. The medical costs alone can reach hundreds of thousands of dollars, and many victims face permanent disability.
• Drivers must yield at all crosswalks, marked and unmarked. Under 47 O.S. § 11-502, drivers must yield to pedestrians in marked crosswalks. Under 47 O.S. § 11-503, drivers must also yield at unmarked crosswalks at intersections. Failure to yield is negligence per se, automatic negligence without requiring further proof.
• Evidence disappears quickly. Skid marks fade, surveillance footage is overwritten, and witnesses become harder to locate. Retaining an attorney within days of the accident preserves critical evidence and protects your right to full compensation.
• Do not give a recorded statement to the driver's insurer. Insurance adjusters are trained to elicit statements that minimize your injuries or suggest you were at fault. You are not required to give a recorded statement, and doing so without legal counsel can significantly reduce your recovery.

Oklahoma pedestrians struck by vehicles can recover medical expenses, lost wages, loss of earning capacity, pain and suffering, and wrongful death damages under 23 O.S. § 13. Oklahoma's modified comparative fault rule allows recovery even if you were partially at fault, as long as your fault was less than 51%. Drivers must yield to pedestrians at marked crosswalks (47 O.S. § 11-502) and exercise due care to avoid hitting pedestrians in all circumstances (47 O.S. § 11-504). You do not need to be in a crosswalk to have a valid claim, the key question is whether the driver was acting reasonably.

Oklahoma has some of the most dangerous roads in the country for pedestrians. Hundreds of pedestrians are struck by vehicles every year in Oklahoma, and many of these accidents result in catastrophic injuries or death. If you or a family member was hit by a car while walking, jogging, or crossing the street in Oklahoma, you have legal rights and may be entitled to significant compensation.

Oklahoma Pedestrian Laws: What Drivers Are Required to Do

Oklahoma law imposes specific duties on drivers with respect to pedestrians. Understanding these duties is critical to establishing negligence in a pedestrian accident case:

Marked Crosswalk Duty (47 O.S. § 11-502)

When a pedestrian is in a marked crosswalk, drivers must yield the right of way. This applies at both signalized and unsignalized crosswalks. A driver who fails to yield to a pedestrian in a marked crosswalk is negligent per se, meaning negligence is established as a matter of law without requiring further proof of unreasonable conduct.

Unmarked Crosswalk Duty (47 O.S. § 11-503)

At intersections without marked crosswalks, drivers must still yield to pedestrians who are in the roadway. An unmarked crosswalk exists at every intersection where sidewalks meet, even if there are no painted lines. Drivers who hit pedestrians at intersections cannot escape liability simply because there were no painted lines on the road.

General Due Care Duty (47 O.S. § 11-504)

Even outside crosswalks and intersections, Oklahoma law requires every driver to exercise due care to avoid hitting pedestrians. This is the statute that covers mid-block crossings, parking lot accidents, and any other situation where a pedestrian is in or near the roadway. A driver who hits a pedestrian mid-block is not automatically absolved of liability, the question is whether the driver was exercising reasonable care under the circumstances.

Common Causes of Pedestrian Accidents in Oklahoma

Most pedestrian accidents are caused by driver negligence. The most common causes include:

• Distracted driving, texting, phone use, eating, or other distractions. Oklahoma's distracted driving law (47 O.S. § 11-901d) prohibits handheld phone use while driving, and violation is evidence of negligence.
• Failure to yield at crosswalks, drivers who do not stop for pedestrians in marked or unmarked crosswalks, particularly at high-speed arterial roads
• Speeding, a pedestrian struck at 20 mph has a 10% chance of death; at 40 mph, the fatality rate exceeds 80%. Speed dramatically increases both the likelihood of a collision and the severity of injuries.
• Drunk or impaired driving: DUI accidents involving pedestrians are common in Tulsa and Oklahoma City, particularly late at night near entertainment districts. Oklahoma's DUI statute (47 O.S. § 11-902) creates negligence per se when a drunk driver hits a pedestrian.
• Backing up without looking, parking lot and driveway accidents, particularly involving SUVs and trucks with limited rear visibility
• Running red lights or stop signs, intersection accidents where a driver enters on a red light or rolls through a stop sign
• Left-turn accidents, drivers making left turns who focus on oncoming traffic and fail to see pedestrians in the crosswalk
• Poor lighting and visibility, nighttime accidents where drivers fail to see pedestrians, particularly on roads without adequate street lighting

Pedestrian Injuries: What to Expect Medically

Because pedestrians have no protection against a vehicle, the injuries are typically severe and often life-altering:

• Traumatic brain injury (TBI): The head is the most vulnerable part of the body in a pedestrian accident. TBI ranges from concussion to severe brain damage requiring lifelong care. Even "mild" TBI can cause permanent cognitive, emotional, and behavioral changes.
• Spinal cord injury and paralysis: Impact to the spine can cause partial or complete paralysis. Cervical (neck) injuries can cause quadriplegia; thoracic and lumbar injuries can cause paraplegia. Lifetime care costs for spinal cord injury range from $1.6 million to $5.4 million depending on severity.
• Multiple fractures: The legs, hips, pelvis, and arms are commonly fractured in pedestrian accidents. Pelvic fractures are particularly serious and can require multiple surgeries and months of rehabilitation.
• Internal organ damage: Blunt force trauma from vehicle impact can rupture the spleen, liver, kidneys, or other organs, requiring emergency surgery.
• Road rash and deep lacerations: When a pedestrian is thrown to the ground, contact with asphalt causes severe skin injuries that can require skin grafting and leave permanent scarring.
• Psychological trauma: PTSD, anxiety, and depression are common after pedestrian accidents and are compensable damages in Oklahoma.

Oklahoma's Comparative Fault Rule and Pedestrian Claims

Oklahoma follows a modified comparative fault rule under 23 O.S. § 13. This means that even if you were partially at fault for the accident, for example, if you crossed outside a crosswalk, crossed against a signal, or were wearing dark clothing at night, you can still recover compensation as long as your fault was less than 51%.

Your recovery is reduced proportionally by your percentage of fault. For example:

• If your damages are $200,000 and you were 20% at fault, you recover $160,000
• If your damages are $200,000 and you were 40% at fault, you recover $120,000
• If you were 51% or more at fault, you recover nothing

Insurance companies routinely argue that pedestrians were partially at fault to reduce their payout. Common arguments include: the pedestrian was jaywalking, the pedestrian was wearing dark clothing, the pedestrian was distracted by a phone, or the pedestrian stepped into traffic suddenly. An experienced attorney can counter these arguments with evidence of the driver's negligence and the pedestrian's reasonable conduct.

What Compensation Can You Recover?

Pedestrian accident victims in Oklahoma can recover the following categories of damages:

• Medical expenses: All past and future medical costs, including emergency care, surgery, hospitalization, rehabilitation, physical therapy, assistive devices, and ongoing treatment for permanent injuries
• Lost wages: Income lost from the date of the accident through the date of maximum medical improvement
• Loss of earning capacity: If your injuries permanently affect your ability to work, you can recover the present value of your reduced future earnings over your working life
• Pain and suffering: Physical pain and emotional distress, both past and future, under 23 O.S. § 61
• Loss of enjoyment of life: Compensation for the activities, hobbies, and experiences you can no longer participate in due to your injuries
• Disfigurement and scarring: Permanent scars, amputations, or other disfigurement are separately compensable
• Wrongful death damages: If a family member was killed, surviving family members can recover under 12 O.S. § 1053 for grief, loss of companionship, and financial support
• Punitive damages: Under 23 O.S. § 9.1, if the driver was drunk, texting, or otherwise acting with reckless disregard for pedestrian safety, additional punitive damages may be available

What to Do After a Pedestrian Accident: 7-Step Action Guide

1. Call 911 immediately. Get police and medical help on scene. A police report documenting the accident, the driver's information, and any witness statements is critical evidence. Do not leave the scene before police arrive.
2. Get medical treatment right away. Even if you feel okay, many serious injuries, including TBI and internal bleeding, do not show symptoms immediately. Go to the emergency room or urgent care the same day. Delayed treatment creates gaps in your medical record that insurance companies exploit.
3. Document the scene. If you are physically able, take photos and video of the vehicle, its license plate, your injuries, the road, any skid marks, traffic signals, crosswalk markings, and the surrounding area. If you cannot do this yourself, ask a bystander to help.
4. Get witness information. Names and phone numbers of anyone who saw what happened. Witnesses are often willing to help at the scene but become harder to locate later.
5. Do not give a recorded statement. The driver's insurance company will contact you quickly and ask for a recorded statement. You are not legally required to give one, and doing so without legal counsel can significantly reduce your recovery. Politely decline and refer them to your attorney.
6. Preserve all evidence. Keep the clothing and shoes you were wearing (do not wash them). Keep all medical records, bills, and correspondence. Do not post anything about the accident on social media.
7. Contact a pedestrian accident attorney promptly. Evidence disappears quickly, skid marks fade, surveillance footage is overwritten, and witnesses become harder to locate. An attorney can send preservation letters to the driver's insurer and any businesses with surveillance cameras before that evidence is lost.

I handle pedestrian accident cases throughout Oklahoma: Tulsa, Oklahoma City, Broken Arrow, Owasso, and surrounding areas. Call (918) 770-9775 for a free consultation. No fee unless we win.