A distracted driver took their eyes off the road, and now you are dealing with injuries, medical bills, and an insurance company that has no interest in paying what your claim is worth. You need someone in your corner who knows how to hold the at-fault driver and their insurer accountable.
The Tulsa distracted driving accident lawyers at Graves McLain Injury Lawyers hold negligent drivers and their insurers accountable for the harm they cause. We handle serious injury cases across Oklahoma on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Call (918) 359-6600 for a free consultation.
Distracted driving cases demand more than filing paperwork and waiting for a settlement check. They require aggressive evidence gathering, early preservation of phone records, and the willingness to push back when insurers try to minimize serious injuries.
Graves McLain Injury Lawyers has built its practice around that approach.
The firm handles serious injury cases for seriously injured people. That focus shapes everything, from how quickly the team moves to secure cell phone data and surveillance footage to how it prepares cases for trial when insurance companies refuse to offer fair compensation.
Graves McLain holds an AV Preeminent rating from Martindale-Hubbell, the highest rating available for legal ability and ethical standards.
Founding attorney Daniel B. Graves has been recognized in Super Lawyers five consecutive years for ranking in the top 5% of practicing lawyers in Oklahoma. W. Chad McLain earned Super Lawyer recognition in 2011 and 2012, and partner Rachel E. Gusman was named Outstanding Young Lawyer by the Tulsa County Bar Association.
Every distracted driving case at Graves McLain is handled on a contingency fee basis. You pay no attorney fees unless the firm recovers compensation on your behalf. Your first consultation is free, and the firm takes calls from injured people across Oklahoma, from Tulsa and Broken Arrow to Owasso, Bixby, Jenks, and Sand Springs.
Insurance adjusters are trained to protect their company’s bottom line, not to help you recover. Graves McLain levels the playing field by handling all communication with insurers, building claims backed by medical records and hard evidence, and preparing every case as though it is going to trial.
That preparation often makes the difference between a low offer and fair compensation.
Distracted driving happens when a driver diverts their attention from the road to another activity. The National Highway Traffic Safety Administration (NHTSA) groups these distractions into three categories:
Texting is the most dangerous form because it combines all three types at once. According to NHTSA, reading or sending a text takes a driver’s eyes off the road for roughly five seconds. At highway speeds, that covers the length of an entire football field.
Cell phone use gets the most attention, but many other distractions contribute to crashes along corridors like I-44, the Broken Arrow Expressway, and US-169. Common distracted behaviors include the following:
Each of these behaviors pulls a driver’s focus away from traffic patterns, stop lights, and pedestrians. Even a momentary lapse at 45 mph on a road like 71st Street or Riverside Drive may cause a rear-end collision, intersection crash, or sideswipe.
The scope of distracted driving in Oklahoma is alarming. In 2023, 64 people were killed in distraction-related traffic crashes on Oklahoma roadways, a 28% increase from the 50 fatalities recorded in 2022. Distracted driving was the leading cause of both fatal and nonfatal accidents on Oklahoma roadways from 2017 to 2021.
Nationally, NHTSA reports that 3,208 people were killed and an estimated 315,167 people were injured in distraction-affected crashes in 2024. Drivers aged 15 to 20 had the largest proportion of distracted drivers involved in fatal crashes.
Yes. Oklahoma law (47 O.S. § 11-901d) makes it unlawful to use a hand-held electronic communication device to compose, send, or read a text message while a motor vehicle is in motion. The law is a primary offense, meaning law enforcement may pull over a driver solely on suspicion of texting. The penalty is a $100 fine.
The statute applies broadly. The definition of “text message” includes text-based messages, instant messages, electronic mail, photos, videos, and other electronic communications. This broad scope was influenced by a crash in which a driver distracted by social media caused a fatal accident involving two Oklahoma state troopers.
A texting citation is a traffic infraction. A civil injury claim is a separate legal action. However, evidence that the at-fault driver violated Oklahoma’s texting ban may strengthen a negligence claim. Cell phone records, app usage data, and the citation itself may all serve as evidence that the other driver failed to give the road their full attention.
A Tulsa distracted driving accident attorney at Graves McLain may work to obtain these records early in the claims process, before data is lost or overwritten.
Oklahoma law allows injured people to pursue both economic and non-economic damages after a distracted driving accident. The value of each claim depends on the severity of injuries, the strength of the evidence, and the insurance coverage involved.
Economic damages cover the financial losses tied directly to the crash. Non-economic damages address the personal toll.
Categories commonly pursued in distracted driving cases include the following:
These categories apply whether your injuries are soft tissue damage requiring months of therapy or catastrophic harm like a traumatic brain injury or spinal cord damage.
Maybe. Oklahoma permits punitive damages in cases involving reckless disregard for the safety of others (Okla. Stat. tit. 23, § 9.1). Punitive damages in Oklahoma are limited by statute, but the cap depends on the level of misconduct and the amount of actual damages awarded.
A distracted driver who caused a serious crash while texting may face punitive damage claims, depending on the facts. Your attorney may evaluate whether the circumstances of your case meet Oklahoma’s threshold.
A distracted driving accident lawyer can help you understand what your Tulsa claim may be worth. Call (918) 359-6600 for a free case review.
Proving the other driver was distracted is often the most challenging part of these cases. Distracted drivers rarely admit to texting, and physical evidence of phone use is not always visible at the scene.
Building a strong case often requires gathering multiple forms of evidence. Key sources include the following:
Preserving this evidence quickly matters. Cell phone carriers may overwrite usage logs, and surveillance footage from nearby businesses is often deleted within days or weeks.
Oklahoma follows a modified comparative negligence rule under Okla. Stat. tit. 23, § 13. This means you may still recover compensation even if you share some responsibility for the accident, as long as your percentage of fault is 50% or less.
Your damages are reduced by your share of fault. If your fault reaches 51% or higher, Oklahoma law bars any recovery.
Insurance adjusters frequently try to shift blame onto the injured person. After a distracted driving crash, an insurer might argue you were speeding, failed to brake in time, or were distracted yourself.
These strategies are designed to reduce the payout. An attorney familiar with Oklahoma’s fault rules may counter these arguments with evidence from the crash scene, medical records, and witness testimony.
Oklahoma’s current texting ban prohibits composing, sending, or reading texts on a hand-held device while the vehicle is in motion. Oklahoma also prohibits holding or using a handheld cellphone in active school zones and road construction zones, with exceptions for hands-free use and emergency calls.
Rear-end collisions are the most common type of distracted driving crash, because a driver looking at a phone may not notice slowed or stopped traffic ahead. Intersection crashes are also frequent, particularly when a distracted driver runs a red light or misses a stop sign. Sideswipes, lane departure crashes, and pedestrian collisions round out the most common patterns.
Commercial drivers who text while operating a commercial motor vehicle face a misdemeanor charge and fines up to $500. Federally, the FMCSA prohibits commercial vehicle operators from texting or using handheld phones while driving. A distracted truck driver crash may expose both the driver and the trucking company to liability, opening the door to higher policy limits.
Insurance companies frequently make early offers before the full extent of your injuries is clear. A settlement that seems reasonable while you are still in treatment may not account for future surgeries, ongoing therapy, or long-term wage loss. Once you accept a settlement, you give up the right to pursue additional compensation. An attorney may evaluate the fairness of an offer.
It may be a good decision. Legal representation after a distracted driving accident may protect your claim from the start. A distracted driving accident attorney in Tulsa may evaluate your claim, handle communication with insurers, and pursue the full range of damages available under Oklahoma law. The consultation is free, and you pay nothing unless we recover for you.
Oklahoma’s statute of limitations gives injured people two years from the date of the accident to file a personal injury lawsuit under Okla. Stat. tit. 12, § 95(A). Claims against government entities require written notice within one year. Missing either deadline may permanently bar your claim.
A denied claim does not mean your case is over. Insurance companies deny claims for many reasons, including disputes over fault, questions about the severity of injuries, or policy coverage issues. An attorney may review the denial, gather additional evidence, and pursue the claim through negotiation, appeals, or litigation if needed.
The insurance company already has adjusters, attorneys, and algorithms working to reduce what it pays you. Waiting to get legal help only widens that gap. Oklahoma law gives you two years to file a personal injury lawsuit, but the strength of your case depends on what happens in the weeks and months right after the crash.
Graves McLain Injury Lawyers takes the legal burden off your plate so you can focus on medical treatment and recovery.
Call (918) 359-6600 to speak with our Tulsa distracted driving accident lawyers. Your consultation is free, and you pay no fees unless Graves McLain recovers compensation on your behalf.
