According to Oklahoma Motor Vehicle Statute §47-11-504, all motorists in the state must do everything possible to avoid pedestrians in any location. It’s why drivers can be held responsible for striking someone on foot, even when the victim was crossing outside a crosswalk.
In these dangerous situations, it’s still up to the driver to take every step to avoid hitting defenseless pedestrians.
What Kind of Care Should a Driver Show Pedestrians?
Oklahoma makes drivers carry more liability for accidents due to the extreme vulnerability of any pedestrian. When compared to someone in a car, pedestrians have only their clothing as protection. Vehicle occupants have seatbelts, airbags, and a metal frame to prevent injury.
Pedestrians have nothing to absorb an impact with a car except their bodies. It’s why motorists are held to a special “duty of care.” Drivers should take steps to keep those on foot safe even before they see them.
- Drivers shouldn’t travel at excessive speeds
- Drivers shouldn’t allow themselves to become distracted
- Drivers should burn their headlights at dawn and dusk, and night, and on dark, cloudy days
- Drivers should slow down when they see someone near a crosswalk, in the street, or getting ready to enter the street
- Drivers should be traveling slow enough to be able to brake to avoid any chance of a collision
Oklahoma’s traffic statutes go over the expectations of drivers when approaching a pedestrian.
Oklahoma Motor Vehicle Statute §47-11-504:
“Drivers to exercise due care. Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.”
When Is a Pedestrian Responsible for an Accident?
Pedestrians are required to follow traffic signals at intersections and crosswalks. If they ignore a “Walk” sign and an accident occurs, they could be fully responsible for an accident.
When there is no crosswalk or unmarked crosswalk to be found, pedestrians must generally yield the right-of-way to any cars approaching.
When traffic control signals are installed at a crosswalk, pedestrians shouldn’t cross anywhere else on the street.
The law goes further to protect pedestrians. According to §47-11-502, pedestrians shouldn’t leave the curb suddenly. They must not walk or run in front of moving vehicles in a manner that wouldn’t give the driver enough time or space to slow down or stop.
However, just because a pedestrian is partly to blame for a collision, it doesn’t mean the victim can’t receive help from the driver. Oklahoma follows the legal concept of modified comparative negligence after accidents. It means that a pedestrian and a motorist could share blame for a collision.
As long as the pedestrian is found less than 50% responsible for what happened, the injured person could still seek support from the driver’s car insurance provider. But keep in mind the pedestrian’s percentage of blame would be subtracted from any award given to the injured victim.
Visit our page that goes over the law regarding pedestrians and drivers at crosswalks.
Contact An Oklahoma Pedestrian Accident Lawyer If You Are Struck By a Careless Driver
Oklahoma drivers can be distracted by so many different things, and this inattention to the road can lead to devastating pedestrian collisions. If a reckless motorist strikes you and you are seriously injured, you should speak to a skilled Oklahoma pedestrian accident lawyer at Ylla|Gosney. We help victims and their families in Tulsa, Oklahoma City, and across the state.
Contact us to schedule a free, no-obligation case consultation. It’s the best way to find out what your case may be worth before you speak to an insurance representative who may tell you something very different. If you require a pedestrian accident attorney to get the most out of your accident claim, you won’t need any money to hire us. We don’t get paid unless your case is won. Then our attorney’s fee comes out of the settlement check an auto insurer must provide to you and your family.
