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Automobile v. Pedestrian | What You Need To Know!

Posted onNovember 13, 2019

Automobile versus pedestrian accidents unfortunately occur frequently in Oklahoma, and it is important to understand what to do in the event you or a loved one are the victim. Automobile accident victims almost always require medical attention – and obviously even more so when the victim is a pedestrian. You did just get struck by a car, after all.

The difference between a car on car accident, and a car on pedestrian accident is that emergency response and transport is, in our experience, almost always necessary. First responders will likely be looking for, and expecting, more severe injuries. Focus will be drawn to the neurological and orthopedic injuries, and internal bleeding. A victim of a pedestrian accident may require immediate hospitalization. If you are lucky and escape any obvious serious injuries, it is important to seek medical treatment whether or not you believe you are severely injured; issues may arise hours or days later after the shock has worn off and your body has had a chance to adjust. 

Below are some tips in case you ever find yourself involved in an automobile accident/pedestrian accident in Oklahoma.

Should I Report The Automobile Collision Immediately? What If I Am In The Road?

First and foremost, take care of yourself. If you are still in the roadway/crosswalk, or other area where you are still in danger of being hit by another car, and are able to move without causing additional injury, gingerly move to the sidewalk or out of the road. If you are unable to move without severe pain or if there is any suspected neck or spine injury, then remain still and wait for assistance.

If you are struck by a vehicle and injured, even if you’ve escaped serous injuries, you still need to report the incident to the police. Having an accident properly documented by law enforcement will go a long way in an insurance claim, or a lawsuit should it be necessary. Don’t let the at-fault driver convince you not to call the police. They may have ulterior motives, such as not having a license, insurance or a criminal record. Police assistance is critical when you have been the victim of a serious car accident. Ensure that you get the driver’s name and insurance information. Take a photo of their driver’s license and the vehicle involved. Obtain the names and phone numbers of any witnesses.

Additionally, you should also seek medical attention, even if you believe you have only sustained bumps and bruises. As stated above, some injuries from an automobile accident in Oklahoma may take a day or two to arise. Even if you are not treated at the scene and/or go to the emergency room following the accident, contact your primary care doctor or other qualified medical provider for a follow up to ensure your medical needs are met. While many individuals believe they are “tough,” it is important to remember that you were just struck by a moving object weighing several thousand pounds. Internal injuries, orthopedic injuries, and brain injuries arising from an automobile accident may not be immediately apparent. Primary care doctors are often reluctant to treat car wreck victims, (even for their existing and long-time patients), and if that occurs, it is important to seek out a provider who is willing to get involved in your care that is experienced in treating accident / trauma victims.

Don’t Pedestrians Always Have The Right of Way? | OK Traffic Laws

One of the most common questions we receive from potential clients or their families with regard to pedestrian accidents is “who had the right of way?” We were told by a potential client recently that he was always told that “eye-contact” with the driver of a car constitutes right of way for the pedestrian. To clear up that apparent misconception, there is no way to prove that a pedestrian made eye-contact in court. For some general rules, 1) pedestrians have the right of way over the majority of vehicles, provided they are in a location reasonably believed to be a crosswalk (; 2) pedestrians must obey traffic signals and other signs at an intersection; 3) pedestrians can only must walk facing traffic.

Pedestrians are required to obey all traffic signals and Oklahoma traffic laws when crossing the street. Failure to do so will likely allow for the driver to show that the pedestrian was at least partially at fault for the collision and recovery for damages may be reduced as a result. Even in these circumstances, we have on numerous occasions still managed to successfully resolve an injury claim on behalf of clients injured in these situations.

Contact Us For A Free Consultation Regarding Your Pedestrian Accident In Oklahoma | Experienced Oklahoma Personal Injury Attorneys

If you have been the victim of a pedestrian accident in Oklahoma, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other compensatory damages. While we always advise that promptly seeking medical attention for your injuries is in your best interest, please remember that your ability to make an insurance claim is not completely predicated on going to the hospital right after the incident. Whether it be our firm or another experienced injury lawyer, you should speak with an attorney who is well versed in auto/pedestrian claims if you have been involved in a pedestrian accident. An insurance adjusters’ job is to pay you as little as possible to obtain a release of all claims against their insured, and having attorney representation is absolutely critical in order to make sure that your rights are protected.

While we hope you never need us, we are here to help! Please feel free to contact us regarding your pedestrian accident in Oklahoma, or any other injury you or a loved one sustained due to the fault of others. We offer a no obligation, free consultation and would be happy to speak with you. Our attorneys are experienced and prepared to go to bat for our clients.

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