Best Car Accident Lawyers Tulsa, OK Of 2023
To file a car accident lawsuit in Oklahoma, you should be aware of the rules you need to follow to win a favorable outcome. Read the guide below to understand when you can file the lawsuit, the rules you must follow while driving and the factors that affect your compensation.
Oklahoma Statute of Limitations
If you were injured in a car accident in Oklahoma, you must file a lawsuit against the negligent party within two years from the date of the accident. If you approach the courts after the statute of limitations has run out, your case will most likely be dismissed.
There are a few exceptional circumstances when the statute of limitations can be paused. If the injured victim is a minor or mentally incompetent at the time of the accident, the statute of limitation starts from the date when they turn 18 or are declared competent.
Another exception is when the defendant leaves the state or conceals themselves before an action can be taken against them. In this case, the statute of limitations will pause during the period of absence. It will resume once the defendant returns to the state.
Oklahoma Laws for Car Drivers
If you are driving a car in Oklahoma, you must follow the following rules:
Registration Requirements. Your car must be registered at a designated Service Oklahoma location. It proves that you have paid the required taxes and fees. Whenever you buy or sell a car you must get it registered immediately.
Insurance Requirement. You must carry proof of liability insurance for your car at all times while driving, otherwise, your license may get suspended. The insurance must have a minimum coverage of $25,000 for the injury or death of one person, $50,000 per accident and $25,000 for property damage.
Safety Requirements. The driver and the front-seat passenger must wear seat belts at all times. Every child under the age of eight must be secured with a child passenger restraint system. The restraint system must be rear-facing for children under the age of two.
Basic Speed Rules. While you must always adhere to the prescribed speed limits while driving, you should also adjust your speed based on the current conditions. Your speed should always be reasonable considering the amount and speed of traffic, presence of pedestrians, surface and size of the road, visibility, weather conditions and your driving ability.
Alcohol and Drug Restrictions. As per the implied consent laws, when you drive in the state, you are consenting to take one or more tests to determine your blood alcohol content (BAC) upon request. Refusing the tests will result in revocation of your driving privileges. If you do take the test and your BAC is higher than 0.08%, you will be charged with a DUI in Oklahoma and your license will be revoked.
Identifying Fault for a Car Crash
Oklahoma is an at-fault state, meaning the person responsible for causing the car accident pays for the damages caused. Your car accident lawyer in Tulsa can help you identify the negligent party in your case. This process can sometimes get complicated in seemingly simple cases, especially if the party was not actively involved in the accident, for example, a government agency that constructed a faulty road.
The amount of compensation is then calculated using the modified comparative negligence rule. It states that if your negligence contributed to the accident that caused your injury, your total compensation will be deducted by the percentage of your negligence. If however, your negligence was greater than that of the other party, you are not entitled to any compensation.
For instance, if you were 35% responsible for causing the accident, you can only claim 65% of the total damages. But if you were 51% responsible for causing the accident, you are not eligible to receive any compensation.
How Can an Attorney Help You?
Car accidents can be a traumatic experience and can result in significant physical, mental and property damage. It will only get more stressful once you start the legal procedure to fight for the compensation you deserve. Therefore, it can be extremely helpful to hire a car accident lawyer in Tulsa to assist you in navigating the legal system.
Your lawyer will essentially take over all the legal tasks so you can completely focus on your recovery. They can help you file the claims with the correct insurance companies, build a strong case and negotiate a settlement.
If you are not happy with the settlement offer, your car accident lawyer in Tulsa can file a lawsuit against the defendants and represent you in court.
