Disclaimer: This article provides general information about Oklahoma law and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
To prove another motorist’s negligence in a collision at a traffic signal or exit under Oklahoma law, you must establish four elements: duty, breach, causation and damages. Oklahoma recognizes these elements through common law and specific statutes governing traffic signals and signage.
- Duty and Breach: Every driver owes a duty to obey traffic-control devices, including signals and exit markings. Violating a red light or failing to yield at an exit ramps constitutes a breach of that duty (see Okla. Stat. tit. 47, § 11-301 and § 11-307).
- Scene Documentation: Request a copy of the police report. It often notes citations, signal status and officer observations. Take photographs of the intersection or exit, signal faces, skid marks, debris, damage and traffic signage.
- Video Evidence: Obtain traffic-camera footage from the Oklahoma Department of Transportation or local municipalities. Preserve any dashcam or nearby surveillance video showing the signal phase and the at-fault driver’s actions.
- Witness Statements: Secure statements or sworn affidavits from eyewitnesses who can describe the signal color or exit signage and the sequence of events leading up to the crash.
- Expert Analysis: An accident reconstructionist can analyze skid marks, vehicle speeds and impact angles. Their report can demonstrate how the breach caused the collision.
- Medical and Repair Records: Gather medical records to document injuries and repair invoices for property damage. These records support the damages element of negligence.
Once you assemble this evidence, you or your attorney can present a compelling case to an insurance company or a court to prove that the other driver’s breach of duty caused your losses.
Helpful Hints
- Report the crash immediately and request the police report to preserve crucial details.
- Take comprehensive photos of the signal, roadway, skid marks and vehicle damage as soon as possible.
- Collect witness names and contact information at the scene for future statements.
- Secure any video footage quickly; traffic agencies often overwrite recordings within days.
- Be aware of Oklahoma’s two-year statute of limitations for personal injury claims (Okla. Stat. tit. 12, § 95(A)(3)).
- Keep detailed logs of medical treatment and repairs to quantify your damages fully.