Tulsa Car Accident Lawyer: Laws for Protecting Motorists

Ylla Gosney represents injured car accident victims in Tulsa.

If you’ve been injured in a car accident in Tulsa, our Car Accident Attorneys will get you compensation for present/future medical costs, lost wages, and emotional trauma experienced from the accident.

In this article, we’ll detail when you need to contact a lawyer, how the law protects you, and the amount of compensation you can expect after being injured in a Tulsa car accident.

If you need legal help now, contact Ylla Gosney today for a no-cost, no-obligation consultation.

How Ylla Gosney Helps Tulsa Car Accident Victims

Car accidents can be devastating. In a single second, a car accident can alter the course of your life, subjecting you to extensive medical treatment, loss of income, or even permanent disability. These are costly life changes that most people are not prepared to face alone.

Fortunately, at Ylla Gosney, we will aggressively pursue compensation on your behalf to recover all your current damages and the potential damages you may face in the future as a result of the accident.

We offer the following services to injured car accident victims in Tulsa in order to maximize your compensation and achieve a successful outcome:

Investigate and determine wrongdoing or recklessness: Car accidents are complicated due to the number of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys. Ylla Gosney can help manage this quickly and efficiently.
Collect and preserve key evidence: Street cameras, dash cams, and witness statements are all key points of evidence for your case. Our car accident attorneys will take the proper legal steps to obtain this information and strengthen your claim.
Communicate with insurance companies and other attorneys: It is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. Our attorneys can protect your liability and right to fair compensation.
Prove liability: With several parties potentially being involved in a car accident, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. The attorneys at Ylla Gosney will assign a team of investigators and accident reconstruction specialists to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.

How Do I Know if I Need a Lawyer After a Tulsa Car Accident

Determining whether you need a lawyer after filing a car accident claim with your insurance will depend on a number of factors. For example, if your insurance does not fully cover your damages, it is recommended to consult with a Car Accident Attorney at Ylla Gosney.

If your injuries are minor, such as scrapes and bruises, then you will most likely not need a lawyer. However, if you suffered injuries that caused you to need medical treatment or miss time at work, then we can help. An insurance company does not place much value on missed time at work, having to change careers, or the emotional trauma involved in an accident.

That’s where one of our attorneys can help. At Ylla Gosney, we make sure Tulsa car accident victims receive full 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 to Do After a Tulsa Car Accident

The steps you take after a car accident will be important to ensuring you and your passengers’ safety, as well as protecting your right to compensation if you decide to take legal action. After a car accident, you should:

Ensure the safety of you and your passengers: Depending on the situation, this could mean moving your car to the side of the road, or if you are severely injured, it could mean remaining where you are until help arrives. Check yourself for burns, lacerations, or broken bones. Oftentimes, the adrenaline from an accident can mask the pain from major injuries.
Call the Police: The police will file an accident report and take down the names of everyone involved, as well as assign fault based on the evidence in front of them. A police report will serve as evidence if you need to back up your claims later.
Document the incident: Take photos or film the aftermath of the bus accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
Gather witness statements and driver information: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Take a picture of the other driver’s license and license plate number. Take down the contact information. All of this information will help support your claim and assist your attorney in building your case if you end up taking legal action.
Do NOT admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police to conduct their investigation and determine fault.
Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.
Notify your insurance of the accident: Notifying your insurance of the accident is typically a part of any auto insurance policy. Failing to report an accident can result in a dismissal of your policy agreement, depending on the contract you signed with your insurance company.
Contact Ylla Gosney: If you consult with one of our attorneys after a car accident in Tulsa, we can manage your claim and ensure you are taking the proper legal actions to receive compensation and protect yourself from liability.

Proving Liability in a Tulsa Car Accident

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, driving through Tulsa’s art district, had a legal obligation to yield to a passing vehicle. This particular driver failed to yield and entered the intersection, hitting another driver and causing them serious injuries and property damage. In this case, the driver who failed to yield 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 cause and accident: the other driver’s carelessness 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.

What “Damages” Are Available?

When you file a car accident claim, you’re seeking compensation for your injuries, often requiring medical treatment and causing emotional distress. “Compensatory damages” aim to reimburse you for losses due to the car accident or injury. Here are some damages available in a typical Tulsa car accident claim:

Medical expenses
Repair or replacement costs for your vehicle
Lost wages or future income
Pain and suffering
Emotional distress
Loss of enjoyment of life or companionship
Wrongful death expenses, if the car accident was fatal

It’s important to remember that these damages are general, and what you’re ultimately able to recover in a claim depends on the circumstances of your accident. And a huge factor in your damages is figuring out who—or what entity—could be responsible.

What is the Average Settlement for a Tulsa Car Accident?

If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. It is important to note that insurance companies are looking out for their business, not your well-being. So, the best way to maximize your settlement amount is to partner with a personal injury attorney.

It is important to know that there is no average car accident settlement, as the details of each incident vary on a case-by-case basis. However, the following factors will play a large part in determining the total value of your vehicle accident:

Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss

Insurance coverage: the extent of the at-fault party’s insurance policy
Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.

What Factors Could Decrease My Tulsa Car Accident Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While an attorney at Ylla Gosney will be able to highlight the reasons you deserve to be compensated, we will also work aggressively to protect you from the factors that could reduce your compensation. These include:

Comparative negligence: if you are found partially at fault, your settlement can be reduced or eliminated if you’re found more than 49% at fault for the accident.
Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe
Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects

It is important to work consult with one of our attorneys to plan ahead to prevent potential setbacks in your case and attempt to turn them into positives for your settlement.

Oklahoma Driving Laws to Prevent Car Accidents in Tulsa

Tulsa is Oklahoma’s second-largest city, combining backcountry roads with bustling city life. This is most defined where Tulsa’s Route 66 meets the Cesar Pelli-designed BOK Center, where Tulsa’s entertainment, restaurants, and shopping centers come to life. As Tulsa’s city has expanded, so have its laws to prevent car accidents within the city. These laws include:

No Texting & Driving: The state of Oklahoma banned texting and driving, which is stated in statute 47-11-901b. The statute clarifies that any cell phone usage while driving is prohibited, and law enforcement can issue a citation for reckless driving.
Left-Lane Law: Oklahoma has instituted the left-lane law, which prohibits left-lane use except for passing to overtake another vehicle, or when road conditions make it necessary.
Move Over Law: Oklahoma has a “move over” law that requires drivers to change lanes when approaching emergency vehicles with flashing lights. This law applies to police cars, ambulances, maintenance vehicles, tow trucks, and even motorists with their hazards.

Oklahoma Speeding Laws

Oklahoma Statute 47-11-308a states that speed limits and regulations are enforceable when appropriate signs give notice of the set speed limit to drivers on the road. The law goes on to define two types of speeding. They include:

Basic speeding law: basic speeding law states that you shouldn’t drive faster than the conditions allow. This supersedes the absolute speeding limit when driving conditions are poor. Conditions could apply to traffic, the width of the road, and weather conditions.
Absolute speeding law: this law states that the speed limit is the fastest you can drive on a roadway. So, if the posted speed limit is 75 MPH, then drivers are expected to keep their speed to 75 MPH.

If you violate either of these laws by speeding, then you can receive a citation for speeding or reckless driving. Speeding laws are meant to protect motorists from unsafe drivers. If you’re accident was caused by a speeding driver who also received a speeding citation, then you will have a strong case. Any violation of the law that results in someone suffering injury is known as “Negligence Per Se.” This rule allows injured plaintiffs to make a clear-cut argument for receiving compensation, which we’ll cover in the next section.

Speeding Violations and Negligence Per Se

If you can establish a violation of any of the above speeding laws, you may be able to establish another driver’s carelessness or “Negligence Per Se” and recover damages. Negligence Per Se means the driver broke the law, which directly caused your injuries. Speeding typically comes 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 experienced Car Accident Lawyers about the next legal steps to take.

What is Considered Reckless Driving in Tulsa

Oklahoma Law deems reckless driving whenever a driver engages in a careless manner without regard for the safety or property of another person, according to Statute 47-11-901. In Oklahoma, reckless driving is a more serious charge than speeding. In certain cases, reckless driving is obvious. For example, drunk driving or a hit-and-run accident. In other instances, the term “reckless” may be up to the interpretation of a police officer or judge.

Speeding can also be considered reckless driving if a driver’s speed exceeds more than 20 MPH above the posted speed limit. For example, if a driver is caught going 90 MPH in a posted 65 MPH zone.

Oklahoma’s Comparative Negligence Law for Car Accidents

Oklahoma’s Comparative Negligence Law is considered a “50-percent” rules. Basically, the ability to pursue damages under comparative negligence applies when a crash victims 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 driver ran a red light and caused your car accident. As stated in the statutes above, speeding is illegal in the state of Oklahoma, and the speeding driver would most likely be more than 50 percent at fault for the accident because they violated the law. So, in this instance, you would most likely be awarded full compensation for your damages.

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.

Understanding the Role of the Insurance Company

After a car accident, insurance companies usually step in. Their job is to protect their customers and others who have insurance by covering costs resulting from your accident, like injuries or property damage. However, their primary goal is often to pay you as little as possible.

To achieve this, insurance companies often follow a strategy that consists of three parts:

Delaying the process – First, insurance companies will try to postpone paying you for as long as possible. This could involve asking for lots of paperwork or using incorrect forms to make things harder for you. Sometimes, they might give you a tight deadline to file a claim. They might even offer you a small amount of money initially, hoping you’ll reject it and extend the process.
Denying your claim – If their delaying tactics don’t work, the insurance company will move on to denying your claims. They intentionally make car insurance policies complex, and their agents might try to confuse you about the accident’s details. They might argue it’s your fault or that you didn’t report it correctly or seek medical help in time. They do this to pressure you into accepting a settlement offer that’s much lower than what you deserve.
Defending against your claim – If all else fails and you take your case to court, the insurance company will use their resources to defend against your claim. Lawsuits can be costly and risky, which can make it tough for you to continue, regardless of how strong your case is.

So, insurance companies aim to delay and deny your claims, and if necessary, they defend themselves in court. This is to minimize the amount they pay for your injuries and damages. That’s why it’s crucial to consult with our lawyers before discussing anything with the insurance company. They can use your statements against you during their investigation.

How the Legal Process Works:

While every car accident is unique, Tulsa personal injury claims follow a general procedure once you or another injured party decides to pursue legal options.

Typically, a car accident case takes one of two paths toward compensation: an insurance claim or a personal injury lawsuit. Most often, it starts with an insurance claim and may escalate into a lawsuit. However, the route your case takes depends on the specifics of your accident. Here are the key differences between the two processes:

Insurance claim – When an injury results from an accident, an insurance company usually gets involved, either through your own insurance or the at-fault party’s insurance. After you submit a claim for review, an adjuster will contact you. They’ll use various tactics to determine how much your claim is worth. Settling a personal injury claim out of court has some advantages:
- Lower court costs and additional attorney fees
- Quicker compensation
- Less involvement, leading to less hassle
- Better insight into your case’s value since you’re dealing directly with the insurance company

However, negotiating with the insurance company can have drawbacks:

The insurance company might prolong the process, leaving you in a tough financial situation
The settlement offer likely won’t cover all your damages
The insurance company has the final say in your compensation amount
If you choose to continue, our team can guide you through the litigation process.

Lawsuit – Filing a personal injury lawsuit means taking your case to court, involving more time and resources. Although it may take longer, a lawsuit offers the potential for more substantial compensation. You’ll have a more active role in the litigation phase, but with our team’s support, we handle responsibilities like:
- Filing a Complaint with the Court
- Managing and filing legal documents, such as motions
- Assisting with evidence requests and responses (discovery)
- Prepping you for depositions and other court hearings
- Conducting depositions of key witnesses and individuals involved in the case
- Securing expert witness testimony
- Negotiating with the opposing party
- Engaging in mediation and other discussions
- Preparing your case for trial and presenting it in court

It’s crucial to remember that there are no guarantees of a positive outcome in court. While litigation can be lengthy, extending beyond the initial claim by several months or even years, it’s a vital option to secure the benefits and support you deserve under Oklahoma law. At the same time, it’s also important to remember that you must file your claim within a certain timeframe—known as the statute of limitations. In Oklahoma, you have two years from the date of the accident to file your claim.

What Are Some of the Most Common Car Accidents in Tulsa?

Every day, serious car accidents happen across Oklahoma, and Tulsa is no different. According to data from the Tulsa Police Department (TPD), there were a total of 9,571 car accidents throughout the city in 2022 alone.

With so many people and drivers on the road in Tulsa, it’s seemingly inevitable that there are car accidents. That said, it’s important to understand the distinct types of car accidents that you or a loved one could be involved in:

Rear-end accidents – These occur when a driver follows too closely behind the vehicle in front, increasing the risk of a rear-end crash. They often happen in heavy traffic and can lead to chain reactions involving multiple vehicles.

Head-on accidents – Frontal impact accidents are the most fatal for passengers. They occur when one vehicle leaves its lane and collides with an oncoming vehicle. Although rare, these accidents can happen in Tulsa’s suburban areas where there’s no median separating the lanes of traffic.

Side impact accidents – Known as T-bone accidents, these happen when one vehicle strikes another at a perpendicular angle, forming a “T” shape. They often occur at intersections or in busier areas of the city.

Intersection accidents – Tulsa’s many intersections can be hotspots for accidents where one car strikes the side of another. These can be caused by running red lights, failing to yield, or misjudging the right of way.

Distracted driving accidents – Texting, talking on the phone, or engaging in other distractions while driving can lead to accidents. These accidents often result from a lack of attention to the road.

Speeding accidents – Excessive speed reduces a driver’s ability to react to obstacles or stop in time. Speeding accidents can lead to severe injuries and are more likely to result in fatalities.

Impaired driving accidents – Driving under the influence of alcohol or drugs is a significant cause of accidents. Impaired drivers have reduced reaction times and impaired judgment, leading to collisions.

Single-vehicle accidents – These occur when a vehicle runs off the road, hits a stationary object, or flips over. They can be caused by factors such as slippery road conditions, fatigue, or loss of control.

Hit-and-run accidents – Some drivers flee the scene of an accident they caused, making it difficult for you or other victims to obtain compensation.

Weather-related accidents – In Tulsa, adverse weather conditions like wind, rain, ice, and snow can lead to accidents. Reduced visibility and slippery roads contribute to these crashes.

Fatigue-related accidents – Drowsy driving can be as dangerous as drunk driving. Fatigued drivers may fall asleep at the wheel or have impaired reaction times.

Construction accidents – Roadwork and construction zones can create confusion and unexpected lane changes, leading to accidents.

Injuries

Regardless of the type of car accident you’re involved in, there are some injuries that tend to happen often. These include:

Whiplash
Broken bones and fractures
Injuries to your muscles and soft tissues
Head injuries
Traumatic Brain Injuries (TBIs)
Injuries to your back and spinal cord
Cuts and bruises
Emotional and psychological injuries

No matter what type of car accident you’re involved in, it’s important to understand two things: first, you have legal options for getting financial support and other benefits under Oklahoma law. Second, it’s important to take certain steps to protect these legal options.

Contact Ylla Gosney | Tulsa Car Accident Lawyer

If you or a loved one has been involved in a car accident in Tulsa, Ylla Gosney can help.

Our team of experienced accident attorneys will aggressively pursue liable parties for the full extent of your damages. Even though we’ve helped thousands of injured victims receive a fair settlement after a car accident, we treat each client with a custom legal plan that best fits their situation.

Get started today by contacting us for a free consultation and case evaluation.