Distracted Driving Laws in OKC: How to Prove Fault After an Accident
When a person is driving, a single glance at a smartphone screen can lead to a devastating crash. That’s why distracted driving is one of the leading causes of serious auto accidents. If you’ve been injured by someone who wasn’t paying attention behind the wheel, you may be entitled to compensation.
Ray Maples is a car accident lawyer in OKC at Maples Injury Law, where he helps car crash victims across Oklahoma City pursue justice after a serious collision. With more than 25 years of experience, Ray understands how to investigate accidents and build a strong personal injury case.
What Is Distracted Driving?
Distracted driving refers to any activity that diverts a driver’s attention from the road. This includes:
- Texting or using a smartphone
- Eating or drinking
- Adjusting a GPS or radio
- Talking to passengers
- Reaching for items inside the car
Texting while driving is particularly dangerous because it involves all three types of distraction: visual, manual, and cognitive. Reading a short message can take a driver’s eyes off the road for 5 seconds, which is enough time to travel the length of a football field at 55 mph.
Distracted Driving Laws in Oklahoma City
Oklahoma law prohibits texting and driving under Title 47 O.S. § 11–901c. Here’s what you should know:
- Texting while driving is illegal for all drivers in Oklahoma.
- The law bans reading, writing, or sending text messages while operating a motor vehicle.
- The fine for violating this law is $100, but criminal penalties may increase if texting results in serious injury or death.
The law does allow exceptions for drivers using hands-free voice-to-text features or contacting emergency services.
How to Prove a Driver Was Distracted
Proving distracted driving liability in court or during negotiations with an insurance carrier requires a thorough investigation. Insurance companies rarely admit their driver was at fault without hard evidence; that’s where an experienced car accident attorney can make a big difference.
At Maples Injury Law, we build strong cases using a variety of legal tools and investigative methods.
Phone Records
If we suspect the other driver was texting or using an app at the time of the crash, we can retrieve their cell phone records. This data can reveal:
- Texts sent or received around the time of the crash
- Phone calls in progress
- Use of apps like social media, navigation, or streaming
Courts typically require a formal discovery process to obtain this data, which is why having an attorney involved early in your case can be so important.
Dashcam and Surveillance Footage
Dashcam footage from your vehicle or another car nearby may capture the moment of distraction, such as a driver looking down at their lap or holding a phone. Businesses with exterior cameras or city traffic cams may also provide key video evidence.
Eyewitness Statements
Bystanders or passengers may have seen the other driver texting, eating, or looking away from the road. Their statements can provide important third-party confirmation of distracted behavior.
Accident Reconstruction
We may work with accident reconstruction experts to analyze the scene, vehicle damage, and timing to determine how the distraction contributed to the crash. These experts use physics and data to support your claim.
How Oklahoma’s Comparative Negligence Law Affects Your Case
Oklahoma follows a modified comparative negligence rule under Title 23 O.S. § 13. That means you can recover compensation as long as you were less than 51% at fault for the crash. But your compensation will be reduced by your percentage of fault. For example, if your damages total $100,000 and you’re found 20% at fault, your final compensation would be $80,000.
This rule makes it extremely important to establish that the other driver’s distraction was the primary cause of the crash. If the insurance company tries to argue that you were mostly to blame, it could threaten your recovery.
What to Do After a Distracted Driving Injury
If you’ve been involved in an accident and your suspect the other driver was distracted, take the following steps to protect your rights:
- Call 911 and report the crash. Let the officer know if you observed any distracted behavior (like texting or swerving).
- Document the scene. Take photos of the vehicles, road conditions, injuries, and anything that might indicate distraction (e.g., a phone in the driver’s hand or lap).
- Get witness contact information. Their testimony may be vital later.
- Seek medical treatment immediately. Some injuries may not be obvious at first but could worsen without care.
- Avoid discussing fault with other drivers or an insurance agent.
- Contact an Oklahoma City distracted driving accident attorney who has experience with distracted driver injury claims.
Why You Need a Lawyer
Distracted driving claims can be tough to prove, and that’s why it’s so important to have the right attorney in your corner. At Maples Injury Law, we’ve helped countless Oklahoma City residents recover compensation after serious car crashes that were caused by distracted drivers. Our legal team knows how to:
- Investigate and preserve critical digital evidence
- Obtain phone records and camera footage
- Work with crash experts and eyewitnesses
- Push back against insurance company delays and denials
- Take your case to court, if needed, to pursue full compensation
Ray Maples has an impressive track record when it comes to getting compensation for our clients. In fact, he belongs to the exclusive Multi-million Dollar Advocates Forum. Ray has a Superb rating from Avvo, and he’s AV Rated by Martindale-Hubbell, which is their highest distinction for legal ability and ethics.
Speak With a Trusted Car Accident Lawyer in OKC
If you’ve been injured in a crash and you suspect driver distraction was involved, don’t wait for the insurance company to do the right thing. The law is on your side, and so are we.
Call (405) 705-5050 to schedule your free consultation. We’ll investigate your case, explain your rights, and fight to recover every dollar you’re owed.
Let Ray Maples fight for you. You won’t owe us anything unless we win your case.