Attorney at Graves McLain Injury Lawyers

Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries

Distracted driving is one of the leading causes of car accidents across Oklahoma—and especially in Tulsa. With busy roads, daily commutes, and digital distractions, it only takes a second of lost focus to change someone’s life forever. If you were hurt in a crash caused by a distracted driver, you may have the right to seek compensation for your injuries. This guide explains how Oklahoma law views distracted driving, how it can lead to serious accidents, and what legal steps you can take after a crash.

What Counts as Distracted Driving in Oklahoma?

Distracted driving includes any activity that takes your focus off driving. It can be visual (looking away), manual (taking hands off the wheel), or cognitive (losing focus). Common distractions include texting, eating, adjusting the GPS, grooming, or talking to passengers. Even briefly zoning out can cause a serious crash.

Texting while driving has been banned in Oklahoma since 2015 under the Trooper Nicholas Dees and Trooper Keith Burch Act. Violators face a $100 fine for the first offense.

While the law directly bans texting, all forms of Distraction can be considered negligence in an accident claim if they contributed to a crash.

Understanding Oklahoma’s Distracted Driving Laws

Oklahoma law prohibits explicitly texting while driving. The ban went into effect in 2015 after a distracted driver hit two state troopers. This law is known as the Trooper Nicholas Dees and Trooper Keith Burch Act.

Under this law:

  • Texting while driving is illegal for all drivers.
  • The fine is $100 for a first-time offense.
  • Police can stop a driver just for texting—it’s a primary offense.

Oklahoma does not currently have a complete handheld phone ban for all drivers, despite the fact that operating a school bus or a commercial vehicle while operating a portable device is illegal.

Oklahoma law follows a modified comparative negligence rule. You may still recover damages as long as you are less than 51% at fault.

This means that even if the distracted driver is partially responsible, their actions can still make them legally liable.

How Distracted Driving Leads to Car Accidents

Distracted driving is dangerous because it delays reaction time. Even looking away for two or three seconds while driving at highway speed can result in a crash.

According to the NHTSA, Driving the length of a football pitch with your eyes closed is equivalent to taking a five-second break from the road at 55 mph.

In Tulsa, distracted driving accidents happen frequently near high-traffic areas like I-244, U.S. Highway 75, and around school zones and intersections. Many local crashes involve:

  • Rear-end collisions from drivers not noticing stopped traffic
  • Side-swipes from drivers drifting out of their lane
  • Failing to stop at lights or signs due to inattention

The Oklahoma Highway Safety Office reported over 2,000 distracted driving-related crashes in a single year, many of them in urban areas like Tulsa.

Legal Options if A Distracted Driver Hits You

If a distracted driver caused your crash, you may have a personal injury claim based on negligence. To succeed, you must show the driver was distracted, that their actions caused the accident, and that you suffered harm. Evidence can include phone records, witness statements, dashcam footage, and police reports.

  • Oklahoma’s comparative negligence law may reduce your compensation if you were partly at fault. If you’re 51% or more at fault, you can’t recover damages. You may pursue damages for pain and suffering, lost income, medical costs, and property damage if you are qualified.

What to Do Immediately After a Distracted Driving Crash

If you’re involved in a crash, your actions in the first few hours and days can affect your legal case.

Steps to take at the scene:

  • Call 911 and request medical help if needed.
  • Stay calm, and don’t admit fault.
  • Take photos of vehicles, injuries, and the scene.
  • Get contact info from any witnesses.
  • Ask police if they’ll cite the other driver for texting or Distraction.

After the crash:

  • Get a medical evaluation, even if injuries seem minor.
  • Request the accident report from Tulsa Police.
  • Avoid discussing the collision with the other party’s insurance.
  • Consult a personal injury attorney before signing anything.

Preserving phone evidence or dashcam footage can be critical. If the driver was texting, a lawyer may be able to subpoena their records to help your case.

How Graves McLain Injury Lawyers Help Distracted Driving Victims

Graves McLain Injury Lawyers has handled many car accident claims throughout Tulsa, including cases where distracted driving was a key factor. Their legal team understands how to investigate, gather evidence, and fight for clients whose careless drivers have been injured.

The firm works with:

  • Accident reconstruction experts
  • Investigators who gather crash scene evidence
  • Legal staff who can obtain phone records and medical documentation

The outcome of your case depends on its unique facts. Past successes do not guarantee future results.

Graves McLain Injury Lawyers does not charge upfront fees. They offer free consultations and handle most cases on a contingency basis.

Common Types of Distractions and Their Risk Level

Type of Distraction

Example

Risk Factor

Visual DistractionReading a textHigh
Manual DistractionEating or holding a phoneHigh
Cognitive DistractionDaydreaming or stressMedium
Auditory DistractionLoud music, phone conversationsMedium
External DistractionRoadside billboards or accidentsLow

Frequently Asked Questions

What is considered distracted driving under Oklahoma law?

Distracted driving includes any activity that takes a driver’s attention off the road. In Oklahoma, texting while driving is illegal, but other distractions like eating or reaching into a bag can still result in liability.

Can I sue a driver who was texting when they hit me?

Indeed. If the other driver’s texting caused the collision, you might be able to make a personal injury claim. Evidence like eyewitness accounts or phone logs can demonstrate liability.

How do I prove the other driver was distracted?

You can use phone records, dashcam footage, witness statements, or police reports. An attorney can help gather and subpoena this evidence to support your case.

What damages can I recover after a distracted driving crash?

You may be eligible for compensation for medical bills, lost income, pain and suffering, and vehicle damage, depending on the facts of your case.

Is distracted driving a criminal offense in Oklahoma?

Texting while driving is a traffic violation, not a criminal charge. However, it can be used as evidence of negligence in a civil case.

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Conclusion

Distracted driving is a preventable hazard that continues to cause serious accidents in Tulsa and across Oklahoma. If you’ve been hurt in a crash because another driver wasn’t paying attention, you may have the right to seek compensation.

Understanding your rights under Oklahoma law is the first step. A personal injury attorney can help you gather the proper evidence, handle insurance issues, and work toward a fair result.

Graves McLain Injury Lawyers is here to support Tulsa residents who are facing these challenges. Their team understands the laws, the process, and how to advocate for those affected by distracted drivers.

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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