As of 2014, there is no outright ban on texting while driving in Tulsa, Oklahoma. As a result, criminal charges would not result even if a distracted driving caused a motor vehicle accident.
However, just because certain behavior isn’t against the law, doesn’t mean it wouldn’t be deemed to be “negligent” in a civil lawsuit.
In fact, someone could easily assert a negligence claim against a driver would caused an accident because they were texting while driving.
A qualified personal injury attorney could best help you develop your case and help get the compensation you are seeking.
Defining Negligence
In Oklahoma, there are three types of negligence, all having to do with the standard of care. Generally, the standard of care represents what a reasonable person in the exact same situation would do.
The first category of negligence in Oklahoma is “slight negligence” and applies in situations where someone must always exercise great care.
The second category of negligence is “ordinary negligence,” and simply requires someone to take reasonable precautions.
Finally, gross negligence occurs when someone acts with complete disregard for the safety and lives of others.
Texting While Driving as Negligence
Texting while driving could most likely be construed as ordinary or gross negligence. Someone who caused an accident because they glanced down at their phone for one or two seconds could be found to have exercised ordinary negligence for failure to keep his eyes on the road at all times.
On the other hand, someone who was engaged in a long text message conversation or was taking “selfies” while driving could be found to be grossly negligent by demonstrating a complete disregard for the safety of others on the road.
Initial Consultation and Case Evaluation
In summary, texting and driving can carry heavy penalties, especially if someone was injured because of it.
If you or someone you know has been hurt due to someone else’s negligence, please contact a Tulsa personal injury attorney to discuss your available legal options.
Consult with an experienced attorney at The Personal Injury Law Office of Tulsa today by calling (918) 924-5528. If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.
