Like the rest of the United States, Oklahoma is home to hundreds of car accidents every year. Oklahoma residents who have suffered a personal injury in a car accident may be wondering how they can pursue compensation for lost wages, medical bills and other damages. While it might seem straightforward to prove the other driver was negligent, in reality, it can be a complicated process. After all, the definition of negligent driving in casual conversation is very different from the legal definition.
For example, in order for a driver to be considered negligent in a court of law, it must be proven that his or her negligence was the major factor in the car accident. Simply being negligent does not necessarily mean the driver was at fault. For instance, perhaps the driver was texting on his or her mobile phone when the accident occurred, but if the driver was parked, he or she would not be found at fault even though using a mobile phone generally counts as negligent driving.
A court will examine everything from the condition of the driver’s vehicle to what the driver was doing at the time of the accident. If the driver rear-ended someone, for example, and his or her brakes were worn, that will likely be considered negligent driving. This is also true of broken or dim headlights if the accident occurred at night or during rain or fog. If the driver was swerving in and out of his or her lane and side-swiped another vehicle, that would likely be considered negligent driving as well.
If a driver, passenger or pedestrian is injured in a car accident and believes the driver of the other vehicle was at fault, he or she might benefit from consulting an attorney with experience in car accidents. A qualified attorney may be able to help prove that the other driver was indeed negligent.