Car accidents can be traumatic events. The moments following an accident can be confusing and frightening, even if no one is seriously injured.
Oklahoma is a fault-based or “at fault” state for car accident claims. Therefore, if you’re at fault in a car accident, you could be liable for the other party’s economic and non-economic damages. Therefore, it is in your best interest to know what to do if you are in a car accident that you believe is your fault. If you have additional questions about your options and legal rights, a car accident attorney can help.
1. Remain Calm and Pull Over To a Safe Location To Report the Car Accident
If possible, take your vehicle to a safe location off the road. Oklahoma state law requires drivers to report accidents involving injuries or death to the police immediately by the quickest means possible.
If the accident occurs in a municipality, report the accident to the local police department. Otherwise, report the accident to the county sheriff or the State Highway Patrol.
Calling 911 is the quickest and easiest way to report a car accident. The emergency operator can dispatch police officers to the accident scene.
2. Do Not Leave the Accident Scene
It is against the law in Oklahoma to leave an accident scene without calling the police, helping injured parties or exchanging information with the other driver. If you leave the accident scene, you could be charged with a hit-and-run.
Instead, fulfill your legal obligations by checking on the other driver and assisting them, if possible. Gather your information for the police officer (i.e., registration, driver’s license and insurance information). The police can help facilitate the exchange of information with the other driver.
3. Document the Accident Scene
While you wait for the police officers to arrive, take photographs of the accident scene, including the damage to each vehicle. Make a video of the entire area to ensure you do not miss anything when taking pictures. Whenever witnesses are present, ask them for their names and telephone numbers.
4. Do Not Admit Fault
Do not admit fault even if you believe you caused the car accident. Tell the police officer the facts without explaining why something occurred or stating you caused the crash. You could be mistaken in your assumption that you were at fault for causing the collision.
5. Contact Your Insurance Provider
As soon as possible, contact your insurance company to report the accident. All Oklahoma drivers are required to have minimum amounts of liability insurance.
Liability insurance coverage does not compensate you for damages you sustain in the accident. Instead, it pays damages to the other parties when you are responsible for causing the accident.
What Happens if I’m at Fault for Causing a Car Accident in Oklahoma City, OK?
Your insurance company assigns an insurance adjuster to investigate the claim. The adjuster gathers evidence to determine how the accident occurred and if you are at fault. If your insurance company decides you caused the accident, they may issue a settlement offer to the accident victim.
If the damages exceed your policy limits, the company may pay out the policy limits. The injured party could then sue you for the remaining amount of damages.
Your insurance company may deny liability for the claim. It could also refuse to negotiate an agreeable settlement amount. If so, the other driver might file a lawsuit against you. Your insurance company should hire a lawyer to defend the lawsuit.
It is important to remember that you have the right to consult an attorney of your choosing. Talking with an Oklahoma City car accident attorney is in your best interest. The insurance company will do what is in its best interest, but an attorney advises you about the steps to take to protect your best interests.
Allegations of Comparative Negligence for an Oklahoma City Car Accident
Oklahoma adopted a modified comparative negligence law. If a victim is more than 50% to blame for the cause of the car accident, you are not responsible for damages.
However, suppose the victim is 20% to blame for their injuries. In that case, you would only pay 80% of their allowed damages.
How an Oklahoma City Car Accident Lawyer Can Help if You’re at Fault
Before admitting fault for a car accident, talk with an Oklahoma City car accident lawyer. You might not be at fault once a thorough and complete investigation is complete. Furthermore, comparative negligence could reduce your liability for damages.
You should never assume you were at fault for a car crash. Instead, allow a trained lawyer to review your case and advise you on protecting your rights after a car accident.
Chris Hammons is one of the founding attorneys at Laird Hammons Laird Personal Injury Lawyers, a personal injury law firm based in Oklahoma City, OK. The firm has over 90 years of combined experience helping injury victims since 2009.
Contact Laird Hammons Laird Personal Injury Lawyers if you got injured in Oklahoma City, due to some one else’s negligence.
