When you’re injured in an Oklahoma car accident, the insurance company for the at-fault driver is already working to limit what they pay you. Oklahoma is an at-fault state meaning you have the right to file directly against the driver who caused your crash but navigating the claims process, the comparative fault rules, and Oklahoma’s two-year filing deadline is not something you should do alone.
At Cottrell Law Office, attorney Wesley Cottrell has represented injury victims in car accident cases for over 40 years. Whether your accident happened on a state highway, a rural road, or a busy city intersection, we will review your case at no cost and fight to get you the full compensation you deserve.
Call (800)-364-8305 or contact us online for a free consultation.
Oklahoma Car Accident Statistics
Oklahoma roads are among the most dangerous in the country. According to NHTSA data, Oklahoma recorded 645 traffic fatalities in 2024 a decrease from prior years but still well above the national average on a per-mile-driven basis. Between 2019 and 2023, 3,462 people died on Oklahoma roads an average of nearly two people every day.
Oklahoma’s 2023 fatality rate was 1.53 deaths per 100 million vehicle miles traveled, the ninth highest in the nation. Traffic crashes imposed an estimated $4.4 billion in economic costs on Oklahoma in 2023 alone.
The four factors that appear most frequently in Oklahoma fatal and serious injury crashes are distracted driving, impaired driving, speeding, and failure to wear a seatbelt. Alcohol-impaired driving fatalities in Oklahoma actually increased from 177 in 2023 to 225 in 2024 even as total fatalities declined.
If you were injured in an Oklahoma car accident caused by another driver’s negligence, you have the right to pursue compensation. An experienced Oklahoma car accident attorney can help you navigate the claims process and protect your rights.
Steps to Take After an Oklahoma Car Accident
What you do immediately after a crash directly affects your ability to recover full compensation. Here is what matters most:
Call 911
Under Oklahoma Statutes title 47, section 10-107, you are required to immediately notify law enforcement after a crash involving injury, death, or significant property damage. On state highways, the Oklahoma Highway Patrol must be notified. A police report creates an official record that is essential to your claim.
Seek medical attention immediately
Even if you feel fine at the scene. Whiplash, soft tissue injuries, internal bleeding, and traumatic brain injuries frequently do not present symptoms until hours or days later. Delayed treatment gives the insurance company grounds to argue your injuries were not caused by the accident.
Document everything
Photograph all vehicles, damage, road conditions, traffic signals, skid marks, and any visible injuries before anything is moved. Get the names and contact information of all witnesses.
Do not admit fault or apologize
Anything you say at the scene can be used in the fault-assignment process under Oklahoma’s comparative negligence rules. Stick to the facts when speaking with law enforcement.
Do not give a recorded statement to the other driver’s insurance company
Oklahoma is an at-fault state, meaning the other driver’s insurer is your adversary not a neutral party. You are not legally required to give them a recorded statement. Contact an attorney first.
Do not accept a settlement before you know the full extent of your injuries
Initial offers are almost always below the true value of your claim. Once you sign a release, you cannot reopen the claim even if you discover additional injuries later. Review the top mistakes to avoid after a car accident so you don’t inadvertently damage your right to full recovery.”
Distracted Driving in Oklahoma
Distracted driving remains one of the leading causes of serious car accidents in Oklahoma. The NHTSA estimated that distracted driving claimed approximately 3,300 lives nationally in 2022 the most recent year with finalized federal data — with thousands more suffering serious injuries. In Oklahoma, distracted driving appears as a contributing factor in a significant portion of the state’s annual crash totals.
Any action that takes a driver’s eyes, hands, or attention away from the road qualifies as distracted driving under Oklahoma law including texting, phone calls, eating, adjusting a GPS, and talking to passengers. Oklahoma law (47 O.S. § 11-901d) prohibits the use of handheld electronic devices while driving, with fines starting at $100 for a first offense.
If a distracted driver caused your accident, that violation of Oklahoma law is relevant evidence in your claim. An attorney can help you obtain phone records, witness statements, and other evidence to establish the other driver’s distraction.
The Number of Fatal Accidents Continues to Rise
According to the National Highway Traffic Safety Administration (NHTSA), there were 37,461 people who died in crashes on roadways in our country during 2016. That is an increase from 35,485 in 2015. Although the increase is somewhat lower (2.8 percent slower increase than the previous year) the number of fatal accidents in the United States continues to rise each year.
When do you need a Oklahoma car accident attorney?
For most people, the trauma of the personal injuries you suffered is likely something you want to move beyond as soon as you possibly can.
Your injuries and property damage create a stressful disruption to your life that most people want to resolve quickly.
The length of time it may take to resolve your car accident claims will depend on many different factors.
Although your Miami car accident attorney can never guarantee a successful resolution, nor can they predict how long it will take, being familiar with the factors that affect resolution, can make it easier to get through.
Causes of car accidents in Oklahoma
Unfortunately, the worst threat you face on the roadway is other drivers. Their negligence accounts for more accidents and more deaths than anything else.
The problem is, there are so many different ways that others can drive negligently, and all of those ways are extremely dangerous.
Just a few common examples of driver negligence that lead to auto accidents include driving while intoxicated or under the influence of drugs, driving while drowsy or fatigued, speeding, and distracted driving, including texting and eating.
Distracted driving accidents in Oklahoma
Distracted driving is becoming a major concern for highway safety. As the use of cell phones has increased, so has the number of auto accidents involving distracted drivers. In 2016, more than 3,450 people were killed as a result of distracted drivers. Although the campaign to stop texting and driving is in full swing, cell phone use is not the only form of distracted driving.
All actions that serve to divert a driver’s attention from the principal task of driving is considered a distraction and will ultimately endanger the driver, passengers, and others on the roadway.
Distractions also include everyday tasks that many of us engage in all the time, such as eating and drinking, talking to passengers, grooming, using a GPS, and adjusting the radio or other electronics.
What Can the Cottrell Law Office do for you?
A car accident attorney at the Cottrell Law Office will get you the results you deserve.
As our case results reflect, we have obtained verdicts or settlements in car accident cases ranging from 100,000 to more than 300,000 in Missouri, Arkansas, and Oklahoma. We handle more than car accidents, though.
We also handle accidents involving commercial trucks, motorcycles, defective vehicles, pedestrian collisions, and other types of accident cases.
With more than 29 years of experience, we are dedicated to putting that experience to work to provide you with top-quality service and zealous legal representation.
Frequently Asked Questions
Is Oklahoma a no-fault or at-fault state for car accidents?
At-fault. Oklahoma does not use a no-fault insurance system. When another driver causes your accident, you file a claim directly against their liability insurance. You can pursue full compensation including pain and suffering from the at-fault driver’s insurer from the start.
How long do I have to file a car accident claim in Oklahoma?
Two years from the date of the accident for personal injury claims. Two years from the date of death for wrongful death claims. If a government entity or vehicle was involved, shorter notice deadlines may apply. Missing the deadline almost always forfeits your right to compensation permanently.
What is Oklahoma’s comparative fault rule?
Oklahoma uses modified comparative negligence. If you are partially at fault, your compensation is reduced by your percentage of fault. If your fault exceeds that of the other party meaning you are more than 50% responsible you recover nothing. Insurance adjusters use this rule aggressively to reduce claims, which is why how fault is established matters enormously.
Are there caps on pain and suffering damages in Oklahoma?
No. Oklahoma’s Supreme Court struck down non-economic damage caps as unconstitutional in 2019. There is no ceiling on what you can recover for pain and suffering, emotional distress, or other non-economic losses.
What if the other driver was uninsured?
Roughly 13% of Oklahoma drivers are uninsured. If the at-fault driver has no coverage, your own uninsured motorist (UM) policy if you carry it becomes the primary source of compensation. We can help you file and negotiate a UM claim with your own insurer. Uninsured motorist coverage also applies when an at-fault driver flees the scene—learn what to do after a hit-and-run accident.
What does an Oklahoma car accident attorney cost?
Nothing unless we win. We handle all Oklahoma car accident cases on contingency no upfront fees, no hourly charges. Our fee is a percentage of your settlement or verdict, agreed in writing before we begin. If we do not recover compensation for you, you owe us nothing.
Should I give a recorded statement to the other driver’s insurance company?
No — not before speaking with an attorney. You are not legally required to give a recorded statement to a third-party insurer, and what you say can be used to assign fault percentages under Oklahoma’s comparative negligence rules. Contact us first.
Be careful what you do following a car accident
If you have been involved in a car accident, contacting a car accident lawyer in Miami as soon as possible is important in order to obtain the compensation you deserve.
When the time comes to file your claim, there are several common mistakes that you need to avoid. The Cottrell Law Office is here to help you avoid those mistakes.
If you have questions regarding car accidents or any other personal injury matters in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation. You can contact us either online or by calling us at (800)-364-8305.