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.
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:
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.
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 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.
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.
These sources can support your injury claim and show that the other driver wasn’t paying attention.
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.
Type of Distraction | Example Behavior | Legal Consequence | Risk Level |
Visual | Looking at phone screen | Traffic violation, fine | High |
Manual | Typing a text, adjusting music | Contributory fault in crash | High |
Cognitive | Daydreaming, deep conversation | Hard to prove legally | Medium |
Combination (all three) | Texting while driving | Illegal + highly dangerous | Very High |
Legal but risky behavior | Using hands-free phone | Not illegal, still risky | Medium |
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:
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.
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.
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.
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.
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.
Not before consulting an attorney. The insurer may use your statements to limit or deny your claim. Legal guidance can protect your rights.
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.