Defendant's Attorney: Timothy S Harmon, Nicholaus Adam Hancock, Robert P Coffey , Jr

Description: Tulsa, Oklahoma personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries in a car semi-tractor trailer wreck caused by Christopher J. Himmelsbach.

Oklahoma auto negligence law governs situations where one driver's carelessness causes an accident and injures another person. Understanding this legal framework is crucial if you've been involved in a car crash in the state. Here's a breakdown of key elements:

Duty of Care: Every driver on Oklahoma roads owes a duty of care to others. This means they must operate their vehicles in a safe and reasonable manner, following traffic laws and regulations. Examples of breaches of duty include:

Speeding
Driving under the influence (DUI)
Distracted driving (e.g., texting, eating)
Reckless driving
Failing to yield the right of way
Ignoring traffic signals

Breach of Duty: The injured party must prove that the other driver breached their duty of care. This involves gathering evidence such as:

Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records

Proximate Cause: The breach of duty must be the direct cause of the accident and resulting injuries. It's not enough to simply show the driver was negligent; you must prove their negligence caused the crash.

Damages: If all elements are proven, the injured party can seek compensation for various damages, including:

Medical expenses: Past and future costs of medical treatment
Lost wages: Income lost due to the accident and recovery
Pain and suffering: Physical and emotional distress caused by the accident
Property damage: Repair or replacement costs for damaged vehicles

Comparative Negligence: Oklahoma follows a modified comparative negligence rule. This means that the injured party's own negligence can reduce their compensation amount proportionally. For example, if they're found 20% at fault, their damages are reduced by 20%. However, if they're found 50% or more at fault, they cannot recover any damages.

Important Resources:

Oklahoma Bar Association: https://www.okbar.org/
Oklahoma Department of Public Safety: https://oklahoma.gov/dps.html
Insurance Council of Oklahoma: https://www.oid.ok.gov/

Additional Points to Consider:

Consulting with an experienced personal injury attorney is highly recommended after a car accident. They can guide you through the legal process, negotiate with insurance companies, and fight for your maximum compensation.
Oklahoma has a statute of limitations of two years to file a personal injury lawsuit from the date of the accident.

Remember, this is just a general overview of Oklahoma auto negligence law. Each case is unique, and the specific details of your accident will determine the legal options available to you.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

Comments: