Broken Arrow Distracted Driving Accident Lawyer
Distracted Driving Accident Lawyer Broken Arrow, OK
If a distracted driver injured you in Broken Arrow, you already know how infuriating it feels. They weren’t drunk. They weren’t speeding. They simply chose to look at their phone instead of the road. And that choice changed your life.
Distracted driving has become an epidemic on Oklahoma roads. Drivers text, scroll social media, watch videos, adjust GPS settings, and take selfies while operating two-ton vehicles at highway speeds. The result is predictable. Crashes that should never happen. Injuries that didn’t need to occur.
Wandres Law has spent nearly 20 years representing Oklahomans injured by negligent drivers. Our firm has helped clients recover millions of dollars in auto accident cases, including collisions caused by drivers who weren’t paying attention. We take these cases on contingency, meaning you pay nothing unless we recover compensation.
If a distracted driver caused your injuries, our Broken Arrow, OK car accident lawyer can help you pursue the accountability and compensation you deserve.
Why Choose Wandres Law for Distracted Driving Accident Cases in Broken Arrow, OK?
Proving Distraction Takes Experience
Distracted driving cases present unique challenges. Unlike drunk driving, there’s no breathalyzer test. The at-fault driver rarely admits they were on their phone. Insurance companies exploit this ambiguity, arguing their insured was simply “momentarily inattentive” rather than negligently distracted.
Proving distraction requires knowing where to look. Cell phone records. App usage data. Text message timestamps. Witness observations. Dashboard camera footage. Social media posts made moments before the crash. Firm Partner Patrick Wandres has handled auto accident cases in Oklahoma since 2006 and understands how to build these claims.
Patrick holds an AV Preeminent rating from Martindale-Hubbell, the legal profession’s highest peer review designation. He has been named a Super Lawyer in personal injury for 12 consecutive years and recognized by the National Trial Lawyers as a Top 100 Attorney every year since 2012.
Strong Track Record in Collision Cases
Our attorneys have secured significant recoveries for clients injured in car accidents in Broken Arrow and throughout the Tulsa metro area. We recovered $750,000 in one motor vehicle collision and $600,000 in a crash causing rib fractures and neck strain. Another case involving neck and back injuries from a collision settled for $225,000.
Distracted driving crashes often cause severe injuries because the at-fault driver makes no attempt to brake or avoid the collision. They never saw it coming. Neither did you.
We Secure the Evidence That Matters
Cell phone records don’t preserve themselves. App data can be deleted. Witnesses forget details. We move quickly to subpoena records, preserve electronic evidence, and document the facts before they disappear.
In some cases, we retain accident reconstruction professionals to analyze vehicle damage, skid marks, and impact angles. This analysis can demonstrate that the at-fault driver made no evasive maneuver, consistent with distraction.
Contingency Fee Representation
We handle distracted driving accident cases with no upfront cost. You pay nothing unless we recover compensation for you.
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“I had a great experience working with Loren at Wandres Law, PC in Tulsa. He made my car wreck settlement process incredibly easy. Loren communicated efficiently and always kept me informed in a timely manner, which gave me peace of mind throughout the entire process. I highly recommend him for any legal needs — his professionalism and dedication truly stand out.” — Juliette Kellogg
Read more reviews on our Google Business Profile.
Types of Distracted Driving Accident Cases We Handle in Broken Arrow
Distraction takes many forms. The National Highway Traffic Safety Administration categorizes distractions as visual (eyes off road), manual (hands off wheel), and cognitive (mind off driving). Texting is particularly dangerous because it involves all three. Our firm handles all types of distracted driving collision cases in the Broken Arrow area.
- Texting While Driving Crashes. A driver sends or reads a text message, taking their eyes off the road for an average of five seconds. At 55 mph, that’s the length of a football field traveled blind. Oklahoma law prohibits texting while driving, and violations can establish negligence per se. The real cost of distracted driving extends far beyond property damage.
- Cell Phone Use Collisions. Beyond texting, drivers use phones to browse social media, check emails, take photos, watch videos, and use apps while driving. Any phone use that takes attention from the road creates danger. We obtain cell phone records and app data to prove the driver was using their device at the time of the crash.
- GPS and Navigation Distractions. A driver programs a destination or follows turn-by-turn directions while moving, focusing on a screen rather than traffic conditions. These crashes often happen when drivers make sudden lane changes or miss stops while following navigation prompts.
- Infotainment System Distractions. Modern vehicles feature large touchscreens controlling music, climate, phone connections, and vehicle settings. Manipulating these systems requires visual attention and manual input that takes focus from driving. Manufacturers face increasing criticism for designing systems that encourage distraction.
- Eating and Drinking While Driving. A driver unwrapping food, holding a drink, or reaching for items takes hands off the wheel and eyes off the road. Coffee spills cause sudden movements. Dropped items prompt dangerous reaching. These crashes are entirely preventable.
- Passenger Distractions. Conversations with passengers, attending to children in back seats, or turning to interact with occupants diverts driver attention. While passengers themselves aren’t liable, the driver who allows distraction to cause a crash bears responsibility.
- Grooming and Personal Care. Drivers who apply makeup, shave, brush hair, or perform other grooming while driving create obvious dangers. These activities require mirror use and manual dexterity that is incompatible with safe vehicle operation.
Oklahoma Legal Requirements for Distracted Driving Accident Claims
Oklahoma has enacted laws addressing distracted driving and provides civil remedies for victims. A Broken Arrow car accident attorney can help you understand how these laws apply to your case.
Oklahoma’s Texting Ban
Under Oklahoma Statutes Title 47, Section 11-901d, it is illegal to use a handheld electronic device to manually compose, send, or read text messages while operating a motor vehicle. Violations constitute a traffic infraction. More importantly for civil cases, violating this statute establishes negligence per se, meaning the driver is automatically considered negligent if they were texting at the time of the crash.
The Oklahoma Department of Public Safety enforces traffic laws and maintains crash statistics showing distraction as a leading cause of accidents statewide.
Proving Negligence in Distracted Driving Cases
Even without a texting ban violation, distracted driving constitutes negligence under Oklahoma common law. All drivers owe a duty to operate their vehicles with reasonable care and attention. Failing to watch the road, regardless of the reason, breaches that duty.
Evidence of distraction can include cell phone records showing activity at the time of the crash, witness testimony that the driver was looking down or holding a phone, statements the driver made at the scene, social media posts timestamped near the accident, and the absence of skid marks indicating no attempt to brake.
Statute of Limitations
You have two years from the accident date to file a personal injury lawsuit under Oklahoma Statutes Title 12, Section 95. This deadline applies regardless of whether criminal charges are filed against the distracted driver. Evidence preservation requires acting well before this deadline.
Comparative Fault Considerations
Under Oklahoma Statutes Title 23, Section 13, your compensation is reduced by your percentage of fault. If you bear more than 50% responsibility, you recover nothing. Insurance companies in distracted driving cases sometimes argue the victim could have avoided the collision or was also distracted. We gather evidence to refute these claims and protect your recovery.
What Damages Are Recoverable in Broken Arrow Distracted Driving Accident Cases?
Distracted driving crashes cause the same injuries as any collision, but often worse because the at-fault driver takes no evasive action. Oklahoma law allows victims to pursue full compensation.
Economic Damages
These cover quantifiable financial losses. Medical expenses include emergency care, hospitalization, surgery, imaging, physical therapy, prescription medications, and anticipated future treatment. Lost income covers wages missed during recovery and reduced earning capacity if injuries prevent returning to your previous work. Property damage includes vehicle repair or replacement and damaged personal items.
Distracted driving injuries can be severe. Rear-end crashes at highway speeds cause traumatic brain injuries, spinal damage, and multiple fractures. Intersection collisions cause T-bone impacts with devastating consequences. We work with medical professionals to document current treatment needs and project future costs.
Non-Economic Damages
These compensate for losses without dollar figures: physical pain, emotional distress, mental anguish, loss of enjoyment of life, disfigurement, and loss of consortium. Accident victims often experience chronic pain, anxiety about driving, post-traumatic stress, and depression that profoundly affects quality of life.
Oklahoma does not cap non-economic damages in most personal injury cases. The amount depends on injury severity, duration of symptoms, and impact on daily activities. Presenting this evidence effectively is critical to maximizing recovery.
Punitive Damages
In cases involving particularly egregious conduct, Oklahoma courts may award punitive damages. While distracted driving alone may not always support punitive damages, certain circumstances can qualify. A driver livestreaming on social media at the time of the crash. A commercial driver violating federal regulations prohibiting phone use. A driver with prior distracted driving citations who continued the behavior.
Punitive damages require clear and convincing evidence of reckless disregard for safety. The Oklahoma Court System has established standards governing when such awards are appropriate.
Understanding the full value of your claim before negotiating with insurance companies is essential. Early settlement offers rarely reflect what serious injury cases are worth.
Contact Wandres Law
A distracted driver made a choice. They decided their text message, their social media feed, their phone call mattered more than watching the road. You’re paying the price for that choice.
Our Broken Arrow distracted driving accident attorneys hold negligent drivers accountable. We investigate thoroughly, preserve critical evidence, and pursue maximum compensation. Consultations are free, and you pay nothing unless we win.
Contact us today to discuss your distracted driving accident case with a car accident lawyer in Broken Arrow, OK.
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At Wandres Law Injury and Accident Attorneys, we help injured Oklahomans recover compensation for their losses. Contact us today for your free consultation and pay nothing until we win.