March is Brain Injury Awareness Month, a time to recognize the devastating impact of traumatic brain injuries (TBIs) and the importance of prevention. In Oklahoma, pedestrian accidents are a leading cause of severe brain injuries, often leaving victims with life-changing consequences. Unlike drivers, pedestrians have no physical protection in a crash, which makes them highly vulnerable to catastrophic injuries. When these accidents happen due to a driver's negligence, the consequences can be devastating.
In recent years, Oklahoma has seen a rising number of pedestrian accidents. According to state data, hundreds of pedestrians are injured or killed every year, many of them in major cities like Oklahoma City and Tulsa. These urban areas account for a significant percentage of the state’s pedestrian crashes, with heavily trafficked intersections, speeding drivers, and distracted driving playing major roles in the high number of accidents. In addition to 425 fatalities, there were 2,780 pedestrian accidents resulting in injuries statewide between 2017 and 2021, according to the most recent information available from the Oklahoma Highway Safety Office.
As serious pedestrian crashes continue to increase, those who survive are often left with life-altering brain injuries that require extensive medical care.
Common causes of pedestrian accidents
Pedestrian accidents are almost always preventable, but when drivers fail to follow traffic laws, the risk of a serious crash increases. Some of the most common causes of pedestrian accidents in Oklahoma where liability applies include:
- Distracted driving: Texting, adjusting the radio, or simply not paying attention can cause a driver to overlook a pedestrian in a crosswalk or along the road.
- Speeding and reckless driving: High speeds make it harder for drivers to react in time to avoid a pedestrian, and the force of impact increases the severity of injuries.
- Failure to yield at crosswalks: Oklahoma law requires drivers to stop for pedestrians at marked and unmarked crosswalks. When drivers ignore this rule, pedestrians are at serious risk.
- Running red lights and stop signs: Many pedestrian accidents happen at intersections when a driver fails to stop or tries to beat a light.
- Drunk or impaired driving: Drivers under the influence of alcohol or drugs have slower reaction times and impaired judgment, making pedestrian collisions more likely.
- Left-turn and right-turn accidents: A pedestrian crossing the street can easily be struck by a driver making a turn without checking for foot traffic.
- Parking lot and driveway accidents: Pedestrians are frequently hit by drivers backing up without checking their surroundings.
- Commercial vehicle and truck accidents: Larger vehicles have blind spots that can make it difficult for drivers to see pedestrians, particularly in urban areas like Tulsa and Oklahoma City.
How brain injuries occur in pedestrian accidents
Brain injuries in pedestrian accidents often happen in one of three ways:
- Direct impact with the vehicle: A pedestrian may suffer a head injury from striking the car’s hood, windshield, or bumper.
- Secondary impact with the ground: Even if the initial hit doesn’t cause a TBI, the force of landing on pavement often results in serious head trauma.
- Multi-impact injuries: Some crashes involve a pedestrian being hit multiple times, such as when they are thrown into another vehicle or object.
Because TBIs can range from concussions to life-threatening skull fractures and brain bleeds, immediate medical care is essential. Symptoms are not always obvious right away, so anyone involved in a pedestrian accident should seek medical attention, even if they feel fine.
Liability in Oklahoma pedestrian accidents
Oklahoma law protects pedestrians, but proving liability can be complex. Some key factors in determining fault include:
- Right-of-way laws: Pedestrians generally have the right-of-way in crosswalks, but drivers often fail to stop.
- Comparative negligence: Even if a pedestrian is partially at fault, Oklahoma law allows injury victims to recover compensation as long as they are less than 51% responsible for the accident.
- Third-party liability: In some cases, a pedestrian accident may involve multiple liable parties, such as a commercial trucking company or a rideshare driver’s employer.
Insurance companies often try to minimize claims, especially when serious injuries are involved. That's why a thorough investigation by an experienced car accident lawyer is often necessary to establish liability and secure full compensation for the victim.
Holding negligent drivers accountable in Oklahoma
Brain Injury Awareness Month serves as a reminder of the devastating impact of TBIs and the need for accountability when these injuries are caused by negligence. When a pedestrian accident results in a severe brain injury, the financial, physical, and emotional costs can be overwhelming. Oklahoma law allows injury victims to seek justice, but acting quickly is crucial. However, without legal representation, a pedestrian brain injury victim may be pressured into accepting a low settlement that doesn't cover long-term medical costs. A lawyer experienced in handling pedestrian accident cases can:
- Gather evidence, including surveillance footage and accident reports.
- Work with medical experts to document the severity of the brain injury.
- Negotiate aggressively with insurance companies for full compensation.
- Take the case to trial if necessary to fight for justice.
If a pedestrian accident leads to a brain injury, legal action can provide the support necessary for medical care and financial stability. With over 40 years of experience, Lawter & Associates, PLLC knows what to do to hold negligent drivers accountable and secure the compensation injury victims deserve. If you were injured or a loved one was killed in an Oklahoma pedestrian accident, contact our Tulsa and Oklahoma City-based personal injury lawyers for a free consultation. We serve all of Oklahoma.
"From start to finish it was handled very professionally. My lawyer was very proficient and easy to work with. He was able to get a phenomenal settlement on my behalf. Very happy with the entire lawyer team." - Helen H., ⭐⭐⭐⭐⭐