A split-second decision to merge without looking can change lives forever. In a busy city like Tulsa, lane change collisions are a leading cause of serious injury, often occurring when drivers are in a rush or distracted by their phones. If you have been injured because someone else failed to check their blind spot, a Tulsa car accident lawyer can help you hold them accountable.
At Smith Barkett Law Group, we understand that proving fault in these cases is rarely simple. The other driver may claim you sped up or that they had their signal on, turning the situation into a frustrating dispute. Our legal team steps in to secure the evidence needed to protect your rights and ensure your medical expenses and lost wages are fully covered.
The moments following a collision on Oklahoma roadways are often a blur of adrenaline and confusion. While you may be focused on the immediate damage to your vehicle, the legal and financial ripples of the crash are just beginning to form.
Lane change accidents are notoriously dangerous because they often happen at high speeds on crowded highways like I-44 or near the busy intersections around Reconciliation Way. Whether it is a sideswipe that forces a car into a concrete barrier or a sudden merge that causes rear-end collisions, the physical impact is often severe. Accident victims frequently find themselves dealing with complex insurance claims while trying to manage physical pain.
You might think that if someone hits you while merging, the case is open and shut. However, insurance companies are experts at using comparative negligence laws to shift blame onto the victim. A dedicated personal injury attorney understands how to navigate the Tulsa Police Department reporting process and how to counter the tactics used by insurance adjusters. Having a law firm that has extensive experience in motor vehicle collisions ensures that no stone is left unturned during the investigation.
An unsafe lane change is more than just a minor traffic error; it is a violation of traffic laws that puts everyone on the road at risk. To build a strong personal injury claim, it is important to understand what specifically makes a lane change unsafe under Oklahoma law.
According to Oklahoma Statutes Title 47, Section 11-309, a vehicle must be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. A lane change is considered unsafe if the driver:
While every crash is unique, several recurring factors contribute to these accidents in Tulsa County. Distracted driving, particularly texting or using GPS, is a primary culprit. Drivers also contribute to car crashes through reckless driving, such as weaving through traffic at high speeds. In some cases, defective vehicle parts, such as a suspension failure or a tire blowout, can cause a vehicle to suddenly veer into another lane without the driver's intent.
The physics of a lane change accident can lead to several types of dangerous collisions. A sideswipe can cause a driver to lose control, leading to rollover car accidents or multi-car crashes. If a driver cuts off a vehicle with a high center of gravity, such as an SUV, the risk of a roof crush increases. Even at lower speeds, these maneuvers can cause head-on collisions if a driver veers into oncoming traffic due to a traffic signal malfunction or poor road design.
In Oklahoma, the person who caused the accident is responsible for the damages. However, proving that a lane change was the other driver's fault requires a deep dive into negligence and fault determination.
To win a personal injury litigation case, we must prove the four elements of negligence: duty, breach, causation, and damages. Every driver has a duty to drive safely. When a driver makes an unsafe merge, they "breach" that duty. If that breach caused your car accident injury, they are legally liable for your losses.
Oklahoma statutes are very specific about right-of-way. Generally, the driver already established in a lane has the right-of-way over the driver attempting to enter it. Our car accident lawyers use these laws to establish that the other driver illegally invaded your space.
Under 23 OK Stat § 13, the state follows a modified comparative negligence rule. This means:
In "he-said, she-said" situations, we look at vehicle damage patterns. For example, damage to the front corner of the merging car and the side of your car often proves that they hit you. We also examine blood alcohol test results or sobriety tests if the driver appeared impaired, as well as cell phone records to check for texting.
Evidence is the backbone of any successful accident claim. Because lane-change accidents happen so quickly, physical and technological evidence are often more reliable than memory.
Always call 911 after a wreck. The police accident reports filed by the Tulsa Police Department provide a neutral third-party account of the scene. These reports often contain the officer’s initial fault determination and notes on any traffic violations cited at the scene.
Independent witness statements are gold in a lane change case. People who were not involved in the crash can provide an unbiased view of who merged first. We work to gather witness information early before memories fade or people change their phone numbers.
In the modern era, dashcam footage is often the smoking gun. It provides a real-time look at the other driver’s movements. We also petition the Oklahoma Department of Transportation for any available traffic camera footage from highway sensors that may have captured the motor vehicle collisions.
Sometimes, we hire expert witnesses for accident reconstruction. These experts use physics to show how the cars moved upon impact. By analyzing paint transfer and dent depth, they can determine the angle of the lane change and the speed of the negligent drivers.
To recover medical expenses, you must have clear medical documentation. This includes imaging studies like X-rays or MRIs, and diagnostic imaging to show internal injuries. Your medical records serve as the link between the crash and your physical pain.
We also look for:
| Evidence Type | Purpose in Lane Change Cases |
| Dashcam Footage | Proves the suddenness of the merge |
| Damage Patterns | Identifies the point of impact and angle |
| Medical Records | Connects the collision to specific injuries |
| Police Reports | Establishes an official record of traffic laws broken |
Even a low-speed sideswipe can cause the body to jerk violently, leading to long-term health issues. Medical professionals often see a specific set of injuries following these types of car crashes.
When a car is hit from the side or rear, the neck and back are often thrown out of alignment. Whiplash is extremely common and may not show symptoms for 24 to 48 hours. These injuries often require extensive physical therapy and rehabilitation expenses.
The force of a side impact can crush the door into the driver, leading to broken ribs, arms, or pelvis. If a vehicle experiences a roof crush during a rollover, the risk of catastrophic bone failure increases significantly.
Head injuries occur when the head strikes the side window or B-pillar. Traumatic brain injuries (TBI) can range from mild concussions to permanent cognitive impairment. These often require imaging studies and specialized medical care.
The twisting motion during a lane change can be particularly hard on the spine. Spinal cord damage or herniated discs can lead to chronic pain or even paralysis. These internal injuries often require surgery and long-term medical expenses.
Internal injuries, such as a ruptured spleen or internal bleeding, are the silent killers of car accidents. You may feel fine at the scene, but these injuries can be fatal if not caught by diagnostic imaging during an emergency medical evaluation.
A violent wreck can leave more than just physical scars. Many accident victims suffer from emotional trauma, anxiety about driving, or PTSD. Oklahoma law allows you to seek compensation for this pain and suffering as part of your personal injury claim.
The goal of a personal injury lawyer is to make you financially whole again. In Oklahoma, damages are split into three main categories.
These are the bills you can count. They include:
These cover the human cost of the accident. This includes your pain and suffering, loss of companionship, and the emotional trauma of living with a permanent disability or disfigurement.
Under 23 OK Stat § 9.1 may be awarded if the other driver acted with reckless disregard for the safety of others. This might apply in cases of extreme reckless driving, high-speed racing, or driving under the influence.
Navigating the legal system can be overwhelming, but Smith Barkett Law Group simplifies the journey into manageable steps.
We start with a free review of your police reports and medical records. We listen to your story and determine the best path for dispute resolution. In your case, we immediately begin the accident reconstruction and evidence-gathering phase.
The insurance carrier will likely offer a lowball settlement offer early on. They hope you will take the quick cash and waive your future rights. We handle all communications with insurance adjusters to ensure you are not pressured into a bad deal.
Time is not on your side. Under 12 OK Stat § 95, you generally have two years from the date of the accident to file a personal injury litigation case. If you miss this statute of limitations, you lose your right to sue forever.
Many legal cases are resolved through dispute resolution before they ever reach a courtroom. Mediation involves a neutral third party helping both sides reach a compromise. This is often faster and less stressful than a full trial.
If the insurance company refuses to pay what is fair, we prepare for a court date. We are experienced in courtroom procedures and are not afraid to present your case before a jury to fight for the victim compensation program benefits you deserve.
You deserve a personal injury law firm that treats your case with the urgency it deserves. Smith Barkett Law Group provides the local expertise and aggressive representation needed to win.
Insurance companies have teams of lawyers working to protect their profits. You need a personal injury attorney who knows their tricks. We act as a shield, ensuring that you are treated fairly throughout the insurance claims process.
We don't just look at your current bills. We look at how the accident will affect your life in five or ten years. We work with medical professionals and economists to calculate the true lifetime cost of your spinal cord damage or head injuries.
We stay up to date with Oklahoma Highway Safety Office data and the latest changes to Oklahoma statutes. This deep knowledge allows us to find legal avenues that other firms might miss.
Oklahoma has a high rate of uninsured drivers. If you are hit by someone without liability coverage, we help you navigate your uninsured/underinsured motorist coverage. Your uninsured motorist (UM/UIM) coverage is there to protect you, but your own insurance company might still try to deny the claim.
We believe everyone should have access to the legal system. We work on a contingency fee basis, which means:
What is the average settlement for a car accident in Oklahoma?
There is no average because every case depends on the severity of the injuries and the amount of insurance policy coverage available.
How is fault determined in a sideswipe accident?
Fault is usually determined by examining vehicle damage patterns, witness statements, and dashcam footage. The driver who left their established lane is typically at fault.
What if I were partially at fault for the crash?
Thanks to modified comparative negligence, you can still recover money as long as you are 50% or less to blame. Your percentage of fault reduces your payout.
Should I give a recorded statement to the insurance company?
No. Insurance adjusters use recorded statements to find inconsistencies in your story. Always consult with car accident attorneys before speaking with the other driver's insurer.
What if the other driver doesn't have insurance?
We will look at your uninsured/underinsured motorist coverage. This personal injury protection is vital in Oklahoma and can cover your medical expenses when the at-fault driver cannot.
How long will my legal case take?
Some cases settle in a few months, while complex personal injury litigation can take a year or more.
Don't let a negligent driver's mistake derail your future. If you have been hurt in a car accident on Oklahoma roadways, you need a team that will fight for your justice. Smith Barkett Law Group is here to provide the car accident help you need.
Beyond lane change accidents, our personal injury law firm handles:
Contact our firm today. We will review your police accident reports, discuss your medical documentation, and help you understand your options under Oklahoma law. We are dedicated to helping accident victims in Tulsa reclaim their lives.
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