Frequently Asked Questions about Rear-end Liability in Oklahoma

Whether you were the driver of the front or rear vehicle in a rear-end collision, your case may not be as cut-and-dry as you think. Before reaching a settlement with the opposing insurance company, you should consult with an Oklahoma car accident attorney to ensure you get the deal you deserve. Please call Maples Harrison Zeaman PLLC at (405) 705-5050 for immediate legal assistance.

Q: What are the common causes of rear-end car accidents?

A: The contributing factor behind most rear-end collisions is driver error, the most common examples of which include:

• Tailgating
• Speeding
• Inattentive or distracted driving
• Driving while under the influence of alcohol and/or drugs (DUI)

There can be cases in which driver error is not a factor at all. Other causes of rear-end collisions include adverse weather and road conditions, unexpected construction stops and faulty brake lights.

Q: What injuries are commonly sustained in rear-end collisions?

A: Victims of rear-end collisions commonly suffer the following types of injuries:

• Whiplash
• Back injuries
• Face and head injuries
• Wrist, finger, hand and arm injuries
• Seatbelt injuries

It is important to receive medical attention immediately after an accident and have the treating physician determine the full extent of your injuries. The resulting report could act as vital evidence in an injury claim.

Q: Who is at fault in a rear-end collision in Oklahoma?

A: Oklahoma's road laws expect the driver in the rear to drive at a reasonable speed and distance according to the conditions present, and to slow down or stop safely whenever the car ahead slows down or stops.

For this reason, the burden of proof lies on the driver in the rear. S/he must be able to prove that either the driver in front was at fault, or that some unusual or extenuating circumstance(s) caused the accident.

Q: What should I do if I was the rear driver in a collision that wasn't my fault?

A: Since the onus is on you to prove your case, you must collect as much evidence as you can. The following pieces of evidence can be used to support your side of the story:

• Police and medical reports
• Witness statements
• Expert testimony
• Video footage
• Photographs

Q: What damages can I collect on my rear-end collision injury claim?

A: It depends on the circumstances surrounding the collision. Was another party mostly or fully at fault, or were you partially responsible for the crash? Were there multiple vehicles involved? Oklahoma is a modified comparative fault state, meaning if you were 50 percent or more at fault for the collision, then you won't recover any damages at all.

Q: Is there a deadline for filing a lawsuit to recover compensation for my injuries?

A: If you have no success reaching a settlement with an insurance company, you may be forced to consider bringing a lawsuit in small claims or other court. But you must be aware of the laws, called "statutes of limitations," that limit the time in which you have to file. If you miss your state's deadline, you will lose your right to recover compensation in court, and will be forced to abandon your claim altogether.

The statute of limitations is typically two years unless a governmental entity is involved in which case, it would only be one year.

If you have further questions or concerns regarding your rear-end collision case in Oklahoma, feel free to contact our office for a free consultation with one of our excellent legal staff. We will provide you with a comprehensive evaluation of your legal options and your chances at an optimal case outcome.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.