There is a certain physical and emotional burden that comes with being involved in an auto accident. The attorneys of Fry & Elder understand this and empathize with all involved parties. In this blog, we will highlight what to do if you are involved in an auto accident in Tulsa.
In fact our nationally-recognized law firm the acclaimed firm actively pursued personal injury law cases dating all the way back to 1932 when C. Lawrence Elder began trying and winning court cases throughout the state as a well-known Tulsa personal injury attorney.
If you are involved in an auto accident in Tulsa, there are several important legal steps to follow to protect your rights, ensure compliance with state laws, and prepare for any potential claims or lawsuits. Here’s a breakdown of the necessary steps:
Stop and Remain at the Scene
Oklahoma law requires that you stop and remain at the scene of the accident. Leaving the scene of an accident, especially one involving injury or significant property damage, can result in criminal charges for hit-and-run. Make sure to pull over safely and check for injuries.
Check for Injuries and Call 911
Immediately check for injuries to yourself, passengers, and others involved in the accident. Call 911 to report the accident, especially if there are injuries, fatalities, or significant property damage. Emergency responders will provide medical assistance and law enforcement will arrive to investigate the accident.
Exchange Information
Gather and exchange information with all parties involved in the accident. This includes:
- Names, addresses, and phone numbers
- Driver’s license numbers
- Vehicle registration and license plate numbers
- Insurance company names and policy numbers
It is important to be respectful and cooperative, but avoid admitting fault at the scene, as fault will be determined later based on evidence.
Document the Scene
Documenting the scene can be crucial if disputes arise later. Take the following steps:
- Photograph the accident scene: Capture vehicle damage, road conditions, traffic signs, skid marks, and any other relevant details.
- Record any witnesses’ contact information: If there are bystanders who witnessed the accident, obtain their names and contact details.
- Take notes: Write down a brief description of what happened, including the time, weather conditions, and any notable details about the other driver’s behavior (e.g., distracted or reckless driving).
File a Police Report
In Oklahoma, you are required to file a police report for any accident that results in injury, death, or more than $300 in property damage. The responding officer will typically file a report at the scene, but if the police do not come, you should file a report at the nearest police station as soon as possible.
Notify Your Insurance Company
Report the accident to your insurance company as soon as possible. Provide them with all the information you gathered and be truthful about the incident. Oklahoma is an “at-fault” state, meaning the insurance company of the driver who is determined to be at fault will cover the damages. Your insurance company will guide you through the claims process.
Seek Medical Attention
Even if you feel fine, it’s wise to seek medical attention after an accident. Some injuries, like whiplash or concussions, may not show symptoms immediately. A medical evaluation also helps document any injuries in case you need to file a personal injury claim later.
Consult an Attorney (if necessary)
If the accident involves significant injury, death, or disputes over fault, it’s a good idea to consult with a personal injury attorney. An attorney can help you navigate the legal process, protect your rights, and handle communication with insurance companies, especially if the other party is disputing fault or offering a low settlement.
Understand Oklahoma’s Comparative Negligence Law
Oklahoma follows a “comparative negligence“ rule, meaning that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. If you are found to be 50% or more at fault, you may not recover any damages. It’s important to understand this law when dealing with insurance claims or lawsuits.
File a Lawsuit (if necessary)
If you are unable to settle the case with the insurance company, you may need to file a lawsuit. In Oklahoma, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. Filing a lawsuit could be necessary if there is a dispute over fault, the insurance settlement is inadequate, or you have significant injuries that require further compensation.
Keep Records and Stay Organized
Maintain thorough records of all documents related to the accident, including:
- Medical bills and records
- Repair estimates for your vehicle
- Correspondence with insurance companies
- Receipts for any expenses incurred as a result of the accident
Staying organized will help you if the accident leads to legal disputes or requires extended negotiations with insurance companies.
Following these steps will help ensure that you comply with Oklahoma law, protect your rights, and have the proper documentation in case you need to file a claim or take legal action. If you are seeking legal counsel, consider Fry & Elder.
Why Experience the Fry & Elder Difference
No matter the accident, Fry & Elder has a team of attorneys equipped and experienced in successfully representing clients involved auto accidents in Tulsa.
Our firm is not only highly reputable in Tulsa and throughout the state of Oklahoma, it has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014.
Contact Fry & Elder today to set up a personal consultation with a knowledgeable Tulsa auto accident attorney.
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