Ylla Gosney represents injured car accident victims in Choctaw, OK. If you’ve found yourself injured in a car accident, you’re most likely looking at extensive medical bills, property damage, and ongoing treatment costs. Just the financial toll alone can be overwhelming, especially when you’re unsure how to manage the aftermath of a car accident. Fortunately, there are laws to protect drivers’ rights if they find themselves injured due to the actions of another.
At Ylla | Gosney, we represent injured drivers involved in car accidents in Choctaw. Whether you’ve been rear-ended in traffic, suffered a head-on collision, or you’ve been forced off the road due to a reckless driver, having the right legal representation makes all the difference when it comes to getting your life back after an accident.
Get started today and contact Ylla | Gosney Attorneys at Law for a no-cost, no-obligation consultation to see what legal options are available for your situation.
Do I Need a Lawyer After a Car Accident?
Whether you’re driving on Highway 62 or Route 66 through Choctaw, a car accident can occur at any moment. And the statistics from the Oklahoma Highway Safety back up this statement, as Oklahoma averages around 9,500 car accidents every year.
But what these statistics don’t show is the aftermath that car accident victims in Choctaw, Oklahoma, face after a serious injury. Injured car accident victims typically need extensive medical treatment, lose the ability to work, and suffer long-term health complications such as permanent disability as a result of a serious accident. Despite these facts, insurance companies will still attempt to reduce or deny compensation owed to injured car accident victims.
But that’s where Ylla | Gosney comes in. Our firm specializes in helping injured car accident victims get their lives back on track after a horrific accident. We do this by connecting them to immediate medical resources, protecting them from liability, and fully recovering compensation for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
What is “Negligence Per Se,” in a Choctaw Car Accident:
If you can establish that a driver’s careless actions caused your accident, you may be able to establish “Negligence Per Se” and recover damages. Negligence Per Se means the driver broke the law, which directly caused your injuries. Illegal U-turns, distracted driving, speeding, or running a red light typically come with citations, which will make proving “Negligence Per Se” fairly easy in court if your lawsuit goes to trial. Proving Negligence Per Se is much easier than proving negligence.
Proving negligence usually involves an investigation to obtain video footage or witness statements. Sometimes, there is no available evidence, and your case becomes one person’s word over another’s. For this reason, it is important to report your accident to law enforcement the moment it happens and speak with one of our Car Accident Attorneys at Ylla | Gosney to understand your legal options.
How Choctaw Police Assign Fault for a Car Accident:
When a police officer is called to an accident, they will attempt to capture as much information as they can about the accident. At first glance, they’ll look to see what happened leading up to it, how it started, and who was likely the at-fault party. While determining fault at the scene of the accident, police officers will look at the following:
- Evidence at the scene:
- Tire marks
- Road damage
- Vehicle damage
- Eyewitness statements
- Appearance and behavior of both drivers
- Whether a citation has been issued to either driver in the past (speeding, tailgating, DUI, or other concerning violations)
- Any other available evidence such as street cameras, dash cams, or photos
After an investigation, police will issue citations for any violations committed by either driver. Citations can be harmful to both drivers in an accident case. However, guilt of a traffic violation is only settled after a ruling, conviction, or the payment of the fine without pleading “nolo contendre.” So, if you are given a citation, but feel it was unwarranted, you do not have to admit fault. Contact one of our attorneys today, and we’ll help you build your case, as well as protect your right to compensation if you’ve been injured or suffered damages.
What to Do After a Car Accident:
A car accident can be life-altering. If you’re involved in an event as traumatic as a car accident, it can be tough to think straight and know what you’re supposed to do next. We’ve provided you with the following steps to protect your rights and begin building your case:
- Seek medical attention immediately: Even if your injuries seem minor (which is unlikely in a tcar accident), they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor to make sure everything is okay.
- Call the Police: Failing to alert the police does not help your case, especially if the case comes down to your word over the car driver. A police officer will file an accident report and may even assign blame based on their collision assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the damage to your car, to the car, your injuries, skid marks on the road, and street signs or landmarks. Take a video of yourself recounting the accident while it is still fresh in your mind. And if there are any eyewitnesses, be sure to get their names and numbers as they can testify on your behalf or provide a statement to corroborate your story.
- Collect Information: Exchange insurance information with the driver, and be sure to get their name, phone number, and contact information.
- Contact Ylla | Gosney: Our firm is standing by to help car accident victims physically and financially recover quickly. Call, text, or email. Our door is always open, and we’d love to help you through this difficult time.
Proving Liability in a Car Accident in Choctaw:
In Oklahoma, a person can be liable for causing injuries in a car accident if they did not act with reasonable care. When assessing liability, law enforcement and the courts will consider both parties actions and decide how careless they were being.
For example, let’s say a driver pulling out on Choctaw Road in downtown Choctaw had a legal obligation to yield to a passing vehicle. The driver failed to yield and entered the intersection, resulting in a wreck, causing both drivers serious injuries and property damage. In this case, the driver who pulled out in front of the oncoming car would be responsible for the other driver’s injuries because:
- They violated their duty of care: drivers have a legal obligation to drive with caution and prevent any hazardous incidents that could injure someone
- Their violation caused an accident: the other driver’s carelessness, and inattention to the other driver, was a direct cause of the car accident
- Their actions caused damages: the other driver suffered verifiable damages and incurred heavy losses due to the injuries sustained from the accident
If a violation of “duty of care” can be established, then you will have proven the driver liable for the car accident. Establishing liability is also important to understanding the amount of compensation you can receive. If the other party is 100% liable, then you are entitled to 100% of the settlement.
Oklahoma’s Modified Comparative Negligence Law for Car Accidents:
Oklahoma’s Modified Comparative Negligence Law is considered a “50-percent” rule. Basically, the ability to pursue damages under comparative negligence applies when a crash victim is 49 percent or less liable for the accident. This percentage of fault can be decided by a police report, but all accident victims have the right to object to their assumption of fault, and ultimately have their fault decided by a judge and jury in court.
So, let’s say a motorcyclist caused your car accident because they were lane splitting. Lane splitting is illegal in the state of Oklahoma and they would most likely be more than 50 percent at fault for the accident because they violated the law. If liability is in question in your case, and you fear you may be liable for the accident, contact Ylla Gosney today to discuss your case. Our firm will help you take the necessary steps to protect you from liability or eliminate it entirely, so you can recover compensation.
Contact Ylla Gosney, Attorneys at Law
If you or your loved one has been injured in a car accident in Choctaw, Oklahoma, Ylla Gosney Attorneys at Law can help. While insurance companies will typically reduce your compensation or outright deny your claim, our firm stands up on behalf of injured car accident victims and protects their right to fair compensation.
Taking the first step toward legal action can seem intimidating, but with us, you’re never alone in this fight. Contact Ylla Goseny today for a free consultation and see what legal options are available for your situation.
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