Oklahoma’s six or seven hundred traffic deaths a year make it one of the most dangerous places to drive in the United States, at least on a per capita basis. Like other states, the Oklahoma judicial system provides legal remedies to road accident victims whose injuries were caused by the fault of someone else. Oklahoma has also enacted a wrongful death statute. Please see below for a summary of Oklahoma road accident-related legislation.
Statute of Limitations: In Oklahoma, you have two years from the date of an accident to file a personal injury or property damage lawsuit – your claim will expire on the second anniversary of the accident if you have not yet filed a lawsuit. If someone dies in an accident, the personal representative of the estate of the deceased may file a wrongful death lawsuit within two years of the date of death.
When the Victim is Partly at Fault: Oklahoma is a “modified comparative fault” state. When the plaintiff filing the lawsuit shares fault for the accident, the court will look at the evidence and assign a percentage of fault to each party. If the plaintiff is found to be more than 50 percent at fault, his claim will be thrown out of court. If he is found to be up to 50 percent at fault, the court will deduct his percentage of fault from his damages on a pro-rata basis – if he is 25 percent at fault, for example, he will only receive 75 percent of his damages.
Fault/No Fault Rule: Oklahoma is no a “no-fault” auto insurance state. An injured party can directly claim against the at-fault driver’s liability insurance policy.
Minimum Insurance Coverage: Oklahoma drivers must purchase liability insurance covering $25,000 per injured victim, $50,000 personal injury per accident, and $25,000 for property damage.
Uninsured/Underinsured Motorist Coverage: Oklahoma does not require its drivers to purchase uninsured or underinsured motorist insurance.
Types of Damages Available: Damages for economic losses are unlimited. Non-economic damages (such as mental anguish) are limited to $350,000. Punitive damages, when they apply, are limited to 100 percent of the amount of compensatory damages (economic plus non-economic damages) or $100,000, whichever is greater
Product Liability for Defective Vehicles: No-fault product liability is available in Oklahoma.
Suing the Government over Defective Roadways (Sovereign Immunity): A one-year statute of limitations applies to lawsuits against the Oklahoma state government or any of its subdivisions. Damages are limited to $125,000 per-victim in personal injury or wrongful death cases.
Motorcycle Helmet Laws: All riders under 18 must wear helmets.
Seat Belt Laws: All occupants 13 and older must wear seat belts while sitting in a front seat. The maximum fine for a first offense is $20.
Dram Shop Law: A licensed alcohol vendor can be sued by an injured third party for serving alcohol to an underage patron if the patron’s resulting intoxication causes injury to the third party.
DUI/DWI Penalties (first offense): You can be sent to jail for five days to 1 year for a first-offense DUI. You can also be fined up to $1,000, and your driver’s license can be suspended for up to 30 days.
Distracted Driving (texting while driving, etc.): Texting while driving is illegal in Oklahoma. Hand-held electronic devices are banned for drivers on Learner’s or Intermediate licenses.
