Disclaimer: This content does not provide legal advice. It offers general information about Oklahoma law. Consult a licensed attorney for advice on your specific situation.
Detailed Answer
1. Understand Oklahoma Traffic Signal Laws
Oklahoma law requires drivers to obey traffic-control devices. Under 47 O.S. §11-301, a driver facing a steady red light must stop before entering the intersection. Running a red light violates this statute and creates a presumption of negligence per se.
2. Establish Negligence Per Se
Negligence per se arises when a driver breaches a statute designed to protect public safety. By running the red light, the other driver automatically breaches their duty of care. You still must prove that breach caused your collision and resulting damages.
3. Gather Key Evidence
Collecting strong evidence helps you prove liability:
- Police Report: Submit a request for a copy of the crash report. It often records the officer’s findings, diagram, and any citations issued.
- Traffic Camera or CCTV Footage: Check if the intersection uses red-light cameras or nearby security cameras. Obtain footage showing the signal phase and vehicle movement.
- Photographs and Videos: Capture skid marks, vehicle damage, debris, road markings, and the signal head.
- Eyewitness Statements: Get contact information and written statements from bystanders or passengers who saw the light’s color and the sequence of events.
- Expert Analysis: Hire an accident reconstruction expert to analyze the scene, vehicle speeds, and point of impact.
4. Prove Causation and Damages
After establishing breach, link the red-light violation directly to your injuries and losses. Use medical records, repair estimates, wage statements, and receipts. Your damages may include medical bills, vehicle repairs, lost wages, pain and suffering, and future care.
5. Understand Comparative Fault in Oklahoma
Oklahoma applies modified comparative negligence under 23 O.S. §13. You can recover damages as long as your fault does not exceed 50%. The court reduces your award by your percentage of fault.
6. Work with Your Insurance Company
Promptly notify your insurer and provide collected evidence. Cooperate fully but avoid admitting fault. An adjuster may investigate and negotiate a settlement based on liability evidence.
Helpful Hints
- Document the scene immediately: photos, video, measurements.
- Request the police report within days of the crash.
- Preserve any electronic evidence (dashcam, phone videos).
- Get medical attention right away—even for minor injuries.
- Consult an attorney before signing any release or settlement.