Attorney at Graves McLain Injury Lawyers

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

Car accidents are unexpected, stressful, and often life-changing. If someone else caused the crash, you might assume everything will be handled fairly. But insurance companies don’t always make things easy. Knowing when to bring in a lawyer can help you protect your rights and make sure you’re treated fairly throughout the process.

In this post, we’ll walk through what Oklahoma law says about fault, why you might need an attorney even if the accident wasn’t your fault, and how Graves McLain Injury Lawyers supports people in Tulsa during these difficult moments.

Understanding Fault in Oklahoma Car Accidents

Oklahoma is a fault-based state when it comes to car accidents. This means the driver who caused the crash is responsible for paying damages. But the fault isn’t always clear-cut, and even if the other driver was clearly in the wrong, their insurance company might try to shift some of the blame onto you.

Oklahoma follows a comparative negligence rule. If you are found partially at fault for the crash, your compensation may be reduced by your percentage of fault.

This rule makes it especially important to gather substantial evidence, such as police reports, photos, and medical records, to support your side of the story.

What to Do After an Accident That Wasn’t Your Fault

After a crash, emotions can run high. Still, the steps you take right after the accident can affect your claim later on. First, make sure to call the police so there’s an official report. Take photos of both vehicles, any visible injuries, and the surrounding scene.

Then, seek medical care right away—even if you feel fine at the time. Some injuries take hours or days to show symptoms. Documentation is key.

Notify your insurance company and the other driver’s insurer, but be careful what you say. Stick to the facts and avoid making statements that could be taken as an admission of fault.

According to the Oklahoma Department of Public Safety, over 9,000 injury crashes occurred on state roadways in 2023 alone—many involving drivers who were not at fault.

When Hiring an Attorney Makes Sense

Even if it seems like a straightforward situation, an experienced lawyer can help level the playing field—especially when the insurance company is trying to minimize your payout.

Some situations where legal help becomes essential include:

  • If you have serious injuries or permanent damage
  • If the other driver disputes the fault
  • If you receive a low settlement offer
  • If multiple drivers were involved
  • If your medical bills or lost wages are substantial

Never accept the first settlement offer without reviewing it with a qualified attorney. Once you sign, you waive your right to seek further compensation.

The Legal Process After a Not-At-Fault Accident

Once a claim is filed with the at-fault driver’s insurance, an investigation will begin. The insurer may ask for statements, medical records, or repair estimates. If a fair settlement is offered, the process may end there.

But if negotiations stall or the offer is too low, filing a lawsuit may be necessary. This involves gathering more evidence, working with experts if needed, and preparing for trial.

You have two years from the date of the crash to file a personal injury lawsuit in Oklahoma. Missing this deadline can result in losing your right to recover damages.

Common Damages You May Recover After a Not-At-Fault Car Accident

Type of Compensation

What It Covers

Medical ExpensesEmergency treatment, doctor visits, surgeries, therapy, medications
Lost WagesIncome lost due to missed work after the accident
Future Earnings LossReduced ability to work or earn due to long-term injuries
Property DamageRepair or replacement of your damaged vehicle
Pain and SufferingPhysical pain, emotional distress, trauma from the crash
Out-of-Pocket CostsTravel for medical care, childcare, household help, and other accident-related expenses

Many people worry about legal costs after a crash, especially if they’re already dealing with lost wages and medical bills. That’s why most personal injury law firms work on a contingency fee basis. This means you pay nothing upfront. The attorney is only paid if you receive a settlement or win your case.

You don’t owe any legal fees unless we recover money for you. Clients may still be responsible for case-related expenses.

How Graves McLain Injury Lawyers Supports Tulsa Car Accident Victims

At Graves McLain Injury Lawyers, We are aware of how difficult handling a vehicle accident claim can be, especially when you weren’t at fault. Our team works closely with each client to gather evidence, build a strong case, and negotiate directly with the insurance companies.

We’re based in Tulsa and know how local traffic conditions, crash trends, and Oklahoma law affect car accident claims. Whether you’re dealing with whiplash, surgery, or time off work, we help you pursue the compensation you need to move forward.

Frequently Asked Questions

Do I really need a lawyer if the accident wasn’t my fault?

Yes. Even in clear liability cases, insurers may undervalue your claim. A lawyer ensures fair treatment and protects your right to full compensation.

What if the insurance company had already offered me a settlement?

You don’t have to accept it. Once received, you waive the right to sue. A lawyer can review the offer to make sure it covers all your losses.

How long do I have to file a claim in Oklahoma?

Oklahoma law gives you two years from the date of the accident to file a personal injury lawsuit.

Will I have to pay legal fees upfront?

No. Most car accident attorneys, including Graves McLain Injury Lawyers, work on a contingency fee basis, indicating that there won’t be any legal expenses unless your case wins.

What if I didn’t go to the hospital right after the crash?

You can still file a claim, but it’s essential to see a doctor as soon as possible. Medical documentation helps prove your injuries were caused by the accident.

Can I still recover compensation if I was partially at fault?

Yes. Under Oklahoma’s comparative negligence law, you can recover damages if you’re less than 51% at fault, but your award may be reduced.

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Conclusion

If you were in a car accident in Tulsa and it wasn’t your fault, don’t assume everything will work out on its own. The claims process can be confusing, and insurance companies may not have your best interests in mind.

Hiring a lawyer isn’t just about going to court—it’s about protecting yourself, knowing your rights, and making sure you get the help you need to recover.

Graves McLain Injury Lawyers offers trusted support for injured drivers in Tulsa. Reach out for a free consultation to learn how we can help you move forward after your 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.

  • I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mclain I brag on them to everyone

    Margie C

  • The staff is great and super friendly. They helped me get the money I deserved. I would definitely recommend them to everyone!

    CiCi H

  • My orthopedic doctor recommended Graves McLain Injury Lawyers, PLLC, to me following the need for revision hip surgery due to a hip from Stryker that was putting poison into my system. The doctor took care of the hip, and Graves McLain Injury Lawyers, PLLC, took care of the legal case. They were very thorough, professional, courteous, and always ready to answer the questions I had throughout the length of the case. In a word, the entire office is fantastic. I’m sure they were tired of my inquiries on the case’s progress, but they did not show it. They were always willing to respond and were very positive. If I ever have a claim in the future, they will be the first group to whom I reach out.

    Robert S.

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