Attorney at Graves McLain Injury Lawyers

Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs

Every April, drivers are reminded of a growing and dangerous problem—distracted driving. Whether it’s a glance at a phone or reaching for something in the car, Serious repercussions can result from even a brief period of inattention. In Tulsa and across Oklahoma, distracted driving continues to cause crashes that result in life-changing injuries or worse.

Distracted Driving Awareness Month is a time to refocus on safe habits behind the wheel and to understand the legal risks when distraction causes harm. If you’ve been involved in an accident caused by a distracted driver, knowing your rights and the next steps is key.

What Is Distracted Driving?

Distracted driving occurs any time your attention is taken away from driving. This can involve looking at your phone, eating, adjusting the radio, or being lost in thought. Distracted driving affects your ability to react and increases the risk of a crash.

There are three main types of distraction:

  • Visual Distraction- Taking your eyes off the road, such as checking a text message, glancing at your GPS, or looking at something outside the vehicle.
  • Manual Distraction- Taking your hands off the wheel, like eating, reaching for an item, adjusting controls, or typing a text.
  • Cognitive Distraction- Taking your mind off the task of driving—this can include daydreaming, talking on the phone, or feeling drowsy or stressed.

At 55 miles per hour, reading a text for just five seconds is like driving the length of a football field with your eyes closed. — NHTSA.

Oklahoma’s Distracted Driving Law

In 2015, Oklahoma passed a law that bans texting while driving. The law applies to all drivers and prohibits writing, sending, or reading text messages while operating a motor vehicle.

Oklahoma law bans all drivers from texting while operating a vehicle. Violators may face fines and increased insurance penalties. — Oklahoma Statutes Title 47 § 11-901d

Hands-free devices are allowed, but they still pose a risk. Even if legal, they can still be a source of cognitive distraction, especially when driving through traffic-heavy areas in Tulsa. For commercial drivers and school bus operators, the rules are even stricter.

Distracted Driving in Tulsa: What the Numbers Say

Distracted driving isn’t just a national issue. It has real consequences in Tulsa and the rest of Oklahoma. Crash reports often link distracted behavior—especially phone use—to rear-end collisions, intersection crashes, and serious pedestrian injuries.

The National Highway Traffic Safety Administration reports that in 2021 alone, 3,522 persons lost their lives in distracted driving accidents. — NHTSA Fatality Data.

Certain areas in Tulsa—like I-44, Riverside Drive, and the Broken Arrow Expressway—have higher crash rates where distraction is a known factor.

How Do You Prove the Other Driver Was Distracted?

If you’re injured in a car crash and suspect the other driver was distracted, proving it may not be easy—but it is possible.

Common Types of Evidence:

  • Phone records showing calls or texts at the time of the crash
  • Dashcam or traffic camera footage
  • Eyewitness accounts from passengers or bystanders
  • Vehicle data (e.g., speed, braking)

These sources can support your injury claim and show that the other driver wasn’t paying attention.

Understanding Fault: Oklahoma’s Comparative Negligence Rule

Oklahoma follows a comparative negligence rule. If you’re partially at fault for the crash, Your percentage of fault could lower your recovery. But if you’re more than 50% at fault, you may not recover any damages at all.

Under Oklahoma’s modified comparative negligence rule, a driver who is more than 50% at fault cannot recover damages. — Oklahoma Statutes § 23-13

This rule makes it especially important to build a strong case if a distracted driver caused your crash.

Common Distractions and Their Legal Risks

Type of DistractionExample BehaviorLegal ConsequenceRisk Level
VisualLooking at phone screenTraffic violation, fineHigh
ManualTyping a text, adjusting musicContributory fault in crashHigh
CognitiveDaydreaming, deep conversationHard to prove legallyMedium
Combination (all three)Texting while drivingIllegal + highly dangerousVery High
Legal but risky behaviorUsing hands-free phoneNot illegal, still riskyMedium

What Should You Do After a Distracted Driving Accident?

If you’re involved in a car accident and suspect the other driver was distracted, follow these steps to protect your health and legal rights:

  • Call the Police–Request a police report to document the crash and any suspected driver distraction.
  • Gather Evidence–Take photos of the accident scene, vehicle damage, and any visible injuries. Collect contact information from witnesses.
  • Get Medical Care–Seek medical attention immediately, even if you don’t feel injured. Some symptoms may appear later.
  • Be Cautious with Insurance–Don’t give detailed statements to the other driver’s insurance company until you’ve received legal advice.
  • Talk to a Tulsa Car Accident Lawyer–A lawyer can help you gather proof, deal with insurers, and protect your right to fair compensation.

FAQs About Distracted Driving in Oklahoma

Is texting and driving illegal in Oklahoma?

Yes. Oklahoma law prohibits all drivers from texting while operating a motor vehicle. Fines apply, and violators may face liability in civil court if their actions cause a crash.

Can I still be at fault if the other driver was distracted?

Yes. Oklahoma follows a comparative negligence rule. If you’re found partially at fault, your compensation may be reduced. You must be less than 51% responsible to recover damages.

What evidence can prove a driver was distracted?

Phone records, dashcam footage, police reports, eyewitness testimony, and vehicle data logs can help show that the other driver was distracted at the time of the crash.

Are hands-free devices legal while driving in Oklahoma?

Yes, but they can still be distracting. The safest approach is to avoid using non-essential phones while driving, especially in heavy traffic or unfamiliar areas.

What damages can I claim if a distracted driver hits me?

You may be entitled to compensation for medical bills, lost wages, vehicle damage, and pain and suffering. An attorney can help assess and pursue your claim.

Should I talk to the other driver’s insurance company?

Not before consulting an attorney. The insurer may use your statements to limit or deny your claim. Legal guidance can protect your rights.

Conclusion

Distracted driving remains one of the most preventable causes of car accidents in Tulsa. Even a moment of inattention can lead to serious consequences. During Distracted Driving Awareness Month, it’s a good time to focus on driving habits, safety, and the importance of staying alert.

If you or a loved one has been injured in a distracted driving crash, legal guidance can make a big difference. Graves McLain Injury Lawyers helps Tulsa residents understand their rights, gather evidence, and pursue fair compensation after a serious car accident.

When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.

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