Oklahoma City Distracted Driving Accident Lawyers

Distracted driving in Oklahoma City leads to serious crashes, causing high medical bills, lost pay, and life-altering injuries. If another driver chooses their phone over paying attention to the road, Oklahoma law lets you hold them responsible for the harm they caused.

In Oklahoma, the law strictly bans texting while driving because it puts everyone on the road at high risk. Even with this clear law, many drivers deny they were using their cell phone after an accident. Our Oklahoma City distracted driving lawyer knows how vital this evidence is and will carefully get cell phone records to clearly prove phone use and hold the distracted driver accountable for your injuries.

Key Takeaways for Distracted Driving Accidents in Oklahoma City

• Oklahoma law prohibits texting while driving under 47 O.S. § 11-901b, and violating this statute can establish negligence per se (the breach of duty), but you still must prove the violation caused the crash; the burden does not shift to the other driver.
• Attorneys can subpoena carrier records showing call, text, and data-connection activity with timestamps, and in some cases, cell-site location information (CSLI). These records don’t show GPS or the content of messages, but the timing can strongly support distraction.
• Oklahoma’s modified comparative negligence rule means you can recover compensation as long as you’re 50% or less at fault, and proving clear distraction by the other driver helps establish their primary liability and increases your recovery.
• You have only 2 years from the accident date to file a personal injury lawsuit in Oklahoma, significantly shorter than many states, making immediate legal consultation critical to preserve evidence and protect your rights.
• Distracted driving cases often qualify for punitive damages beyond standard compensation when the driver’s conduct shows reckless disregard for safety, significantly increasing case value and holding negligent drivers personally accountable.

Why Choose DM Injury Law for Your Oklahoma City Distracted Driving Case

When a distracted driver causes an accident, you need lawyers who dig deep to find the facts. It takes a tough investigation and smart evidence collection. When drivers lie about using their phones, a regular accident investigation might not find the truth. Our attorneys know how to uncover it.

Our battle-tested team brings years of experience to every Oklahoma City case. We’ve recovered over $900 million for injury victims across multiple states.

We Get the Evidence Others Can’t

Without proof, distracted-driving cases become your word against the other driver’s. We subpoena cell phone records showing activity around the time of impact. Call logs, text timestamps, data connection records, and, where available, cell-site location information (CSLI) provide objective evidence of timing. While cell phone records show activity timing, they do not directly confirm driver attention or distraction.

We work with cell phone forensics experts who analyze device data. We retain accident reconstruction specialists who demonstrate how distraction caused the crash. We build cases that make the risks of trial clear to insurers.

Oklahoma Experience With National Resources

Our Oklahoma City attorneys know Oklahoma’s distracted driving laws and local courts. They are backed by firm resources to take cases through trial when needed.

We’re available 24/7. Your first consultation is free. We handle cases on contingency; you owe no fee unless we recover for you.

Understanding Oklahoma’s Distracted Driving Laws

Oklahoma takes distracted driving seriously, though its laws focus specifically on texting rather than all handheld device use.

Oklahoma’s Texting While Driving Ban

Oklahoma Statute 47 O.S. § 11-901b prohibits manually composing or reading text messages while operating a vehicle. This includes texting, emailing, and using messaging apps.

As of November 1, 2025, Oklahoma prohibits holding or using handheld cell phones in active school and work zones under HB 2263, complementing the statewide texting ban.

Texting is a primary offense, and first-time violations carry fines up to $100. A violation can also establish negligence per se in a civil case.

What Negligence Per Se Means for Your Case

When a distracted driver causes an accident, you need lawyers who dig deep to find the facts. It takes a tough investigation and smart evidence collection. When drivers lie about using their phones, a regular accident investigation might not find the truth. Our attorneys know how to uncover it.

If a driver violates the texting statute and causes a crash, negligence per se establishes a breach of the duty to drive safely. You must still prove the violation caused the crash.

This significantly strengthens your position in settlement negotiations and at trial by eliminating debate over whether the driver acted negligently.

Exceptions Don’t Excuse Negligence

Limited exceptions apply: drivers stopped at traffic lights or signs may use devices, and voice-operated, affixed GPS is allowed. Manually composing or reading texts remains prohibited. Emergency situations also qualify.

However, even “legal” device use can constitute negligence if it distracts the driver and causes a crash. Careless driving and reckless driving statutes cover dangerous behavior beyond specific texting violations. Putting a location into a GPS, talking on a phone, or any distraction that causes an accident supports liability claims.

The 2-Year Oklahoma Statute of Limitations

Oklahoma gives you 2 years from the accident date to file a personal injury lawsuit.

Missing this deadline means losing your right to compensation forever, regardless of how strong your case is. Even if the distracted driver clearly caused your injuries, courts will dismiss untimely lawsuits.

Early consultation protects your rights. It also allows us to preserve evidence before it disappears.

How We Prove the Driver Was Distracted

Drivers often deny phone use: “I wasn’t texting,” “I just glanced down,” or “My phone was in my purse.” We focus on verifying what happened.

Subpoenaing Cell Phone Records

Cell phone carriers maintain detailed records of every call, text, and data transmission. These Call Detail Records (CDRs) include timestamps showing exactly when activity occurred.

If records show phone activity seconds before the crash, that timing is compelling evidence. We subpoena these records from carriers, correlating phone activity with accident timing. Drivers can delete texts from their devices, but carrier records remain. 

Analyzing the Accident Itself

A rear-end collision with no braking suggests the driver never saw the vehicle ahead. Lane departures and sideswipes occur when drivers drift while looking down.

Accident reconstruction experts analyze:

• Lack of skid marks showing the driver didn’t attempt to brake
• Point of impact indicating the driver drifted from their lane
• Speed data showing no attempt to slow down before the collision
• Sight lines proving the hazard was visible to attentive drivers

These factors create circumstantial evidence of distraction even before phone records arrive.

Witness Testimony and Statements

Other drivers, passengers, and pedestrians often observe distracted behavior. Witnesses see drivers looking down, holding phones, or glancing up suddenly just before impact.

Your own observations matter. If you saw the driver on their phone before the crash, that testimony has weight. Police reports documenting statements at the scene preserve this evidence.

We interview all potential witnesses, securing sworn statements before memories fade.

Video Evidence

Dash cameras, traffic cameras, and surveillance footage from nearby businesses may capture the crash or the moments before. This video evidence can show distracted driving behavior. We act quickly to identify and preserve video evidence before automatic systems delete it.

Common Oklahoma City Distracted Driving Accident Locations

Oklahoma City’s road network creates many scenarios where distraction is dangerous.

Major Interstate Corridors

I-35 Through Oklahoma City carries some of Oklahoma’s heaviest traffic. The north-south corridor through downtown, extending north through Edmond and south through Moore and Norman, experiences frequent stop-and-go congestion. Drivers checking phones during slowdowns cause rear-end collisions when traffic ahead brakes.

The I-40 East-West Corridor serves as a major transcontinental route with substantial truck traffic. The downtown Oklahoma City section and its junctions with I-35, I-44, and I-235 create complex interchanges that require full attention. Drivers who are unfamiliar with the area may be distracted by navigation.

I-44 and the Turner Turnpike connect Oklahoma City with Tulsa. The Lake Hefner Parkway section through northwest Oklahoma City handles urban traffic. High speeds make distraction particularly dangerous.

I-235 forms an inner loop connecting I-35 and I-44 through central Oklahoma City. Short distances between exits, tight curves, and heavy merging traffic demand constant attention. Distracted driving here causes serious crashes.

High-Risk Urban Areas

The Northwest Expressway corridor near Penn Square Mall experiences heavy retail traffic and congestion. Drivers checking phones at stoplights fail to notice traffic resuming, causing rear-end accidents.

Memorial Road across north Oklahoma City serves as a major retail corridor with constant turning traffic and lane changes. Distraction here leads to sideswipe and intersection collisions.

Bricktown Entertainment District downtown attracts visitors who are unfamiliar with the area. GPS and navigation distraction combines with pedestrian traffic to create hazards.

The 23rd Street Uptown corridor through the medical district and Midtown handles healthcare workers, patients, and local traffic. Morning and evening commute distraction causes frequent crashes.

Suburban Communities

Edmond, north of Oklahoma City, sees substantial commuter traffic accessing I-35. Affluent neighborhoods generate traffic on Covell Road and other major corridors where drivers feel comfortable multitasking.

Norman, south of Oklahoma City, includes the University of Oklahoma campus traffic. Young drivers are likely to be distracted around Campus Corner and along Highway 9.

The Moore, Midwest City, and Yukon suburbs have growing populations and increasing traffic density. Residential street patterns combined with arterial roads create opportunities for distraction.

Compensation You Can Recover

Distracted driving injuries are often severe because drivers traveling at speed never attempt to brake or avoid collisions. Your damages may be substantial.

Economic Damages

Economic damages compensate you for measurable financial losses, such as:

• All medical expenses, including emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment
• Future medical costs for anticipated care needs
• Lost wages from missed work during recovery
• Lost earning capacity if injuries prevent you from returning to your previous job
• Property damage to your vehicle and personal belongings
• Out-of-pocket expenses related to your injuries

We work with medical experts and economists to calculate future costs accurately, ensuring settlements cover your complete needs.

Non-Economic Damages

Non-economic damages address the human impact beyond financial losses, including:

• Physical pain and suffering from your injuries
• Emotional distress and psychological trauma
• Loss of enjoyment of life activities you can no longer pursue
• Disfigurement and scarring
• Disability and physical limitations
• Loss of consortium affecting family relationships

Oklahoma does not cap non-economic damages in car accident cases.

Punitive Damages

Texting while driving shows a careless disregard for other people’s safety. When drivers knowingly choose to use their phones, a court might force them to pay punitive damages. These damages are extra money paid on top of compensating you for your actual losses.

In Oklahoma, rules about punitive damages are explained in 23 O.S. § 9.1. This law sets standards and limits on how much a defendant might have to pay, depending on their actions and the evidence.

Punitive damages are meant to punish terrible behavior and discourage others from acting recklessly in the future. Oklahoma law specifically prevents insurance from covering punitive damages if the driver acted intentionally or recklessly. This potential personal expense puts more pressure on the at-fault driver to settle the case.

If the distracted driver was texting at high speeds, has a history of distracted driving, or broke the law in an extreme way, your claim for punitive damages becomes much stronger.

How Oklahoma’s Comparative Fault Rule Affects Your Case

Oklahoma follows modified comparative negligence with a 51% bar. You can recover compensation as long as you’re 50% or less at fault. Your recovery is reduced by your percentage of fault.

Defendants often argue that you could have avoided the crash even when a distraction caused it. They might claim you were speeding, following too closely, or not paying attention.

We counter these tactics with evidence to protect your claim.

Why You Need to Act Quickly

Every day that passes makes your case harder. Evidence disappears. Memories fade. Insurance companies build defenses.

Evidence Preservation

Cell phone carriers keep records for limited periods. Some retain detailed records for months; others purge data sooner. Surveillance video systems overwrite footage after 30, 60, or 90 days. Traffic camera footage may disappear even faster.

Witnesses move, change phone numbers, or forget details. The driver may delete incriminating texts or social media posts.

Immediate preservation steps we take:

• Send spoliation letters to drivers and carriers
• Request and download available traffic or surveillance video
• Secure 911 audio and dispatch logs
• Calendar carrier-specific retention windows
• Coordinate expert inspection of vehicles and crash data

Insurance Company Tactics

Insurance adjusters begin investigating immediately. They take statements, evaluate claims, and build defenses while you focus on recovering from injuries.

Early statements to insurers can hurt your case. Adjusters may ask leading questions that reduce claim value. Without legal representation, you may inadvertently undermine your case.

We handle all insurance company communications, protecting your interests while you heal.

Medical Documentation

Getting medical help right away creates records that prove your injuries and show they came from the accident. If you wait too long to see a doctor, the insurance company can argue your injuries aren’t serious or weren’t caused by the crash.

We make sure you get the right medical treatment and that your records clearly show how the distracted driving accident has affected your life.

FAQ for Distracted Driving Accidents in Oklahoma City

How long do carriers keep phone records?

Retention varies by carrier and record type. Call/text logs and data-connection timestamps may be available for months, but some records are purged sooner. Acting quickly lets us send preservation letters and subpoenas before data is deleted.

Can deleting texts hurt the other driver’s case?

If a driver erases information from their phone after they knew they should have saved it for a lawsuit, a judge can punish them. This punishment might involve allowing the jury to assume the missing evidence would have hurt the driver’s case, or, in very serious situations, the judge could impose harsher penalties.

Do I need to preserve my own phone data?

Yes. Keep your phone and relevant messages. We’ll advise you on preserving your data so the defense can’t claim gaps or suggest you hid information.

Will my case go to trial?

Most distracted driving cases are resolved out of court when we have strong proof that the other driver was at fault. Insurance companies realize they could lose at trial when we have cell phone records, evidence the driver broke a safety law, and significant injuries. Even so, we prepare for trial in every case, and that preparation often leads to better settlements. If the insurance companies refuse to offer a reasonable amount, we take the case to court.

Contact DM Injury Law Today

If a distracted driver caused your Oklahoma City accident, you deserve aggressive representation that fights for full accountability. The driver made a choice—their phone mattered more than your safety. Now they must face the consequences.

DM Injury Law brings battle-tested experience, substantial resources, and fierce advocacy to every Oklahoma City distracted driving case. Your recovery is our priority. We handle cases on contingency; you owe no fee unless we recover for you.

Call (405) 295-0622 or contact us online now for your free consultation. Our team is available 24/7. Don’t let evidence disappear while you wait. 

Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.