What Happens If the Person Who Hit Me Was Distracted While Driving?
Driving is risky when others aren’t paying attention. Checking emails, texting, answering calls, and scrolling social media are some of the biggest causes of distracted driving in Oklahoma. Even taking your eyes off the road for a second can lead to serious consequences. If you’ve been injured in a crash, a Tulsa distracted driving accident lawyer can help you understand your rights and pursue compensation.
If you were hit by a distracted driver, you’re probably feeling overwhelmed and wondering what to do next. Who’s responsible? How do you get compensation? At Aizenman Law Group, we’ve seen firsthand how devastating these accidents can be. Our Tulsa car accident lawyers are ready to help you fight for the justice and compensation you deserve.
How Distracted Driving Accidents Happen
Distracted driving has become a serious problem in Oklahoma. According to the Oklahoma Highway Safety Office (OHSO), there were 7,904 crashes caused by distracted driving in Oklahoma in 2021, leading to 44 fatalities, 178 serious injuries, and 1,021 minor injuries statewide.
On a national scale, the National Highway Traffic Safety Administration (NHTSA) reported 3,308 fatalities and nearly 290,000 injuries from distracted driving crashes in 2022. In 2021 alone, 3,522 people lost their lives in distraction-affected crashes, making up 8% of all traffic-related deaths that year.
Distractions come in many forms, but some of the most common include:
- Texting or talking on the phone
- Eating and drinking
- Talking to passengers
- Adjusting the radio or GPS
- Daydreaming or zoning out
- Applying makeup or grooming
- Reading or looking at something inside the car
- Smoking
Texting while driving is one of the worst distractions. The Oklahoma Highway Safety Office reports that texting takes a driver’s eyes off the road for an average of five seconds. At highway speeds, that’s like driving the length of a football field without looking. It’s not just dangerous—it’s illegal. Under Okla. Stat. tit. 47 § 11-901c, Oklahoma bans texting while driving, and violators can be fined.
Distracted drivers often fail to react in time, leading to high-speed crashes. Whether it’s a rear-end collision caused by texting or a driver veering into oncoming traffic while adjusting their GPS, these accidents can result in severe injuries, expensive medical bills, and missed time from work.
Oklahoma Laws on Distracted Driving
Oklahoma law makes it clear that drivers must stay focused behind the wheel. At Aizenman Law Group, our Tulsa car accident attorneys use these laws to build strong cases for our clients. Here are some key legal protections for accident victims:
- 47 OK Stat. Tit. §47-11-901b – Drivers must devote full attention to driving.
- 47 OK Stat. Tit. §47-11-901 – Reckless driving is operating a vehicle “in a careless or wanton manner without regard for safety.”
- 23 OK Stat. Tit. §23-13 – Modified Comparative Negligence: If you’re less than 50% responsible, you can recover damages. However, your compensation is reduced based on your percentage of fault.
- 12 OK Stat. Tit. §12-95 – Statute of Limitations: You have two years from the date of the accident to file a personal injury lawsuit.
- 23 OK Stat. Tit. §23-9.1 – Punitive damages may be awarded in cases where the driver showed reckless disregard for others’ safety.
Understanding these laws can be difficult, but the auto accident lawyers at Aizenman Law Group work to ensure that negligent drivers are held accountable.
Common Injuries in Distracted Driving Crashes
Even a split-second distraction can cause catastrophic injuries. In the most tragic cases, families are left mourning a preventable loss. Some of the most common injuries seen in distracted driving accidents include:
- Head and Brain Injuries: Concussions, traumatic brain injuries (TBI), facial fractures
- Neck and Spine Injuries: Whiplash, spinal cord damage, nerve damage
- Broken Bones and Soft Tissue Injuries: Fractured ribs, shoulder dislocations, knee injuries, muscle or ligament tears
- Internal and Chest Trauma: Internal bleeding, organ damage, chest trauma from airbags
- Psychological Trauma: Post-traumatic stress disorder (PTSD), emotional distress
Beyond the physical injuries, many accident victims face aggressive insurance companies that try to deny or minimize claims. Insurance companies use bad faith tactics, hoping that injured drivers will settle for less than they deserve. Our Tulsa personal injury lawyers at Aizenman Law Group fight to secure fair compensation for everything from whiplash to wrongful death. We never back down from insurance companies’ scare tactics.
How to Prove Distracted Driving Caused the Crash
Winning a distracted driving case requires strong evidence. Our team gathers the following types of proof to show that a driver was distracted:
- Cell phone records – To check if the driver was texting or on a call at the time of the crash.
- Dashcam or traffic camera footage – Can capture the driver looking at their phone or engaging in other distractions.
- Witness statements – Bystanders can testify if they saw the driver texting, eating, or otherwise distracted.
- Police reports – Officers may note signs of inattention, such as a lack of braking before impact.
- Vehicle data – Some modern vehicles record sudden braking or swerving, which can support claims of distracted driving.
At Aizenman Law Group, we don’t just rely on standard evidence. We go the extra mile, subpoenaing phone records, reviewing social media activity, and working with accident reconstruction experts. If an insurance company disputes your claim, we fight back with hard facts.
Protect Your Rights After a Distracted Driving Accident
Distracted driving accidents shouldn’t happen, but when they do, victims are often left dealing with serious injuries, financial stress, and complex legal battles. Whether you’ve suffered spinal cord damage, a traumatic brain injury, or the heartbreaking loss of a loved one, the stakes are high.
You don’t have to go through this alone. If you or a loved one has been injured by a distracted driver, Aizenman Law Group is here to help. Our experienced Tulsa car accident attorneys will fight for the compensation you deserve and hold negligent drivers accountable.
Call Aizenman Law Group at 918-215-8856 any time day or night for a free consultation. We’ll listen. And together, we’ll figure out the next right step for you and your family.
