“Labor Omnia Vincit” McKay Law
Pedestrian crashes are among the most devastating types of vehicle accidents in Duncan, OK—because the human body cannot absorb the force of vehicle impact. When a driver hits a pedestrian, the victim pays the highest price. McKay Law represents pedestrian accident victims throughout OK. These crashes typically result from distracted driving (especially phone use), drunk and drugged driving, speeding, failure to yield at crosswalks, drivers turning without checking for pedestrians, backing accidents, fatigued driving, and drivers failing to see pedestrians at night. Common pedestrian crash types include the wide variety of situations where drivers fail to watch for pedestrians. Children and elderly pedestrians are especially vulnerable—making damages especially significant in these cases. Our Duncan pedestrian injury attorneys act quickly to secure proof—traffic camera and surveillance footage, witness statements, accident reconstruction, police reports, dashcam evidence, vehicle event data recorders, and area lighting conditions. Liable parties may include the at-fault driver, their employer if driving for work, government entities for dangerous road conditions or signal malfunctions, and bars or restaurants under dram shop laws in DWI cases. Injuries from pedestrian accidents TBIs, life-threatening internal injuries, permanent disability, and fatalities. Even low-speed pedestrian crashes can cause severe injuries—the difference between life and death is often just a few miles per hour. We fight for every dollar including economic and non-economic losses, plus punitive damages where warranted. Insurers love to claim pedestrians were jaywalking or wearing dark clothing—we shut those tactics down with hard evidence. Even if you weren’t following all pedestrian rules, recovery is often still possible—the law doesn’t strip you of recovery just because you weren’t perfect. Every pedestrian accident case is handled on a contingency basis—you pay nothing unless we win. Contact McKay Law today for a free consultation with a Duncan, OK pedestrian crash attorney who will hold the at-fault driver and their insurer accountable.
Pedestrians are the most vulnerable users of the road. When a car strikes a person on foot, the injuries are typically severe. With nothing between them and the impact, deaths are common. Pedestrian deaths are rising, because of distraction, vehicle size, and speed. Wherever you were struck, Oklahoma law protects your right to recover. McKay Law advocates for pedestrian accident victims in Duncan and across the state.
Pedestrian accidents typically produce catastrophic injuries because the body absorbs the full force:
Pedestrians have right of way in many situations:
Pedestrian comparative fault doesn’t bar recovery (Okla. Stat. tit. 23, § 13). Recovery available unless majority at fault.
Pedestrian accident damages are typically substantial:
Hit-and-run cases have distinct features:
Children are especially vulnerable as pedestrians:
You typically have 2 years from the date of the incident to file (Okla. Stat. tit. 12, § 95). For minors, the statute may be tolled for children. Government cases require notice within one year.
We move quickly to secure surveillance video before it’s deleted, pursue driver background investigation, secure crash data, handle UM claims, examine bar liability when DUI is involved, work with treating doctors, build comprehensive damages, and build each file for the courtroom from the start.
A: Often a strong case. Hit-pedestrian cases usually establish clear liability.
A: Zero upfront. No recovery, no fee.
A: Comparative fault may apply, but recovery is still possible. Oklahoma’s comparative fault rule allows recovery if you’re 50% or less at fault.
A: UM coverage on your auto policy or a relative’s policy usually applies.
A: File claims on behalf of your child.
A: Usually. DUI cases typically justify punitive awards.
A: Wrongful death cases are available.
A: No. Talk to a lawyer first.
A: Two years from the date of the incident (Okla. Stat. tit. 12, § 95). Children’s deadlines may be tolled until age 18.
Pedestrian cases pair catastrophic outcomes with hostile insurance handling. The body of a pedestrian struck by a vehicle has no protection. The forces involved in a vehicle-pedestrian crash transfer directly to the human body. And insurance companies routinely attack the pedestrian’s conduct to minimize liability. An attorney familiar with these distinctive cases knows how to counter the standard pedestrian blame tactics.
Pedestrians lack vehicle protection.
The body absorbs the full force of the crash.
Even at low to moderate speeds, these crashes produce:
Studies consistently show that pedestrian survival rates drop dramatically as vehicle speed increases.
Even at speeds well below highway speeds, crashes produce devastating injuries.
Pedestrians frequently suffer multiple impact events.
Common multi-impact scenarios include:
Defense routinely pushes pedestrian fault.
Common defense arguments include:
Effective rebuttal is possible.
Right-of-way violations are the most common cause.
Drivers using phones, GPS, or other distractions hit pedestrians.
Impaired drivers cause many pedestrian crashes.
Drivers exceeding safe speeds generates fatal pedestrian crashes.
Backing-up incidents cause pedestrian backing crashes.
Turning-vehicle pedestrian crashes cause many catastrophic outcomes.
Right-turn pedestrian crashes strike pedestrians who are properly in crosswalks.
Drivers running traffic control devices endanger pedestrians who have right-of-way.
Limited visibility including various visibility limitations increase crash risk.
Crosswalk infrastructure problems create dangerous conditions.
Product defect cases can contribute to pedestrian crashes.
Pedestrians struck at intersections are the most common pedestrian crash location.
Pedestrians struck in crosswalks, despite signal/sign right-of-way for pedestrians drive many incidents.
Non-intersection crashes can be more contested than intersection crashes, but drivers still have duties.
Lot-based pedestrian crashes are recurring incidents.
Vehicles leaving the roadway and striking pedestrians on sidewalks.
School zone pedestrian crashes generate distinctive cases.
Pedestrians in construction zones.
Highway incidents involving pedestrians are typically catastrophic.
Pedestrians using crosswalks have legal right-of-way.
Specific rules vary by jurisdiction, but pedestrians generally have right-of-way in crosswalks.
Intersection crossings carry pedestrian right-of-way.
Drivers have a continuing duty to look for pedestrians regardless of right-of-way.
Even when pedestrians weren’t entirely correct, recovery is still typically possible.
Pure comparative fault states allow full recovery analysis.
Modified comparative fault jurisdictions allow recovery within the limits.
Compensation in these cases include:
Pedestrian medical costs are substantial:
Major income impact and reduced earning ability.
Significant pain and suffering.
Pedestrian injuries often eliminate the ability to do basic activities.
PTSD is common after pedestrian crashes.
Permanent disfigurement.
Effects on intimate relationships.
Fatal cases, generating many wrongful death claims.
Egregious conduct cases may unlock exemplary damages.
Primary defendant is the typical primary target.
Various contributing drivers can face liability.
Equipment-related crashes can implicate manufacturers.
Public infrastructure issues involve government tort claims with special procedures.
Where property conditions contributed can implicate property owners.
Construction-related crashes can implicate construction companies for traffic control inadequacies.
Where the driver was acting in the course of employment can implicate employers.
For pedestrian crashes involving trucks can implicate commercial carriers.
Gig delivery and rideshare incidents create platform-specific claims.
Defense’s primary argument.
Defense leverages the pedestrian wasn’t in a crosswalk.
Counter requires detailed legal analysis.
Defense argues the pedestrian was hard to see.
Drivers must observe pedestrians even when visibility is limited.
Defense argues plaintiff was on their phone. Even with pedestrian distraction, drivers still have duty to see pedestrians.
“You’d been drinking”. This doesn’t eliminate driver fault.
Sole-fault defenses against pedestrians. The driver’s continuing duty means rare that the pedestrian is entirely at fault.
Defense pushes shared-fault arguments.
Prior medical issues.
Even if you think you’re “fine”, getting evaluated is critical. Internal injuries can develop.
Wait for emergency services if you have serious injuries. Trying to move with spine injuries can increase injury.
Wait for police.
Driver’s name, contact, license, insurance, license plate.
Witnesses provide critical evidence.
The scene, vehicles, your injuries, surroundings.
Whether you were in a crosswalk, whether you had walk signal, Crosswalk marking.
Official documentation is essential.
Leave fault determination to investigators.
Adjusters reach out fast. Recorded statements before legal advice can permanently damage the case.
Hit-and-run pedestrian crashes are particularly devastating.
For pedestrians who don’t own a vehicle, resident relative auto coverage may apply.
Child pedestrian crashes involve distinct issues:
Counsel handling these cases charge no upfront fees. Expert costs run high reimbursed from the recovery.
Pedestrian accident cases require prompt action.
Camera evidence gets overwritten quickly.
Witness recollections deteriorate over time.
Electronic vehicle records may be lost.
Conditions can be modified.
OK’s statute of limitations applies regardless.
Getting an attorney involved promptly triggers preservation steps.
Pedestrians have no airbag protection, no crumple zones, no seatbelts, and no metal frame between themselves and a vehicle — and when a negligent driver runs into someone walking, the result is in most cases severe. Crosswalk strikes, drivers turning right on red without scanning for foot traffic, distracted motorists wandering into bike lanes and sidewalks, drunk drivers veering onto curbs, parking lot incidents, and school zone wrecks involving children send victims with traumatic brain injuries, fractured spines, broken legs and pelvises, internal organ damage, and lifelong disabilities. Even at relatively low speeds, a vehicle hitting a person produces forces the human body wasn’t designed to withstand. At McKay Law, we act fast to retrieve traffic and surveillance footage, dash cam recordings, the at-fault driver’s cell phone records, vehicle black box data, witness statements, and any crosswalk signal timing data that establishes the driver’s inability to yield.
The insurance company on the other side will do everything to push fault onto you — alleging you came out without warning, weren’t using a crosswalk, were wearing dark clothing, or were distracted by your own phone. We push back hard. When you become part of the McKay Law family, we craft a case that anchors the conversation on the driver’s duty to notice pedestrians and the failure that caused your injuries. We chase complete compensation for emergency airlift and trauma care, surgeries, ICU and prolonged hospitalization, ongoing rehabilitation, future medical needs, prosthetics or mobility aids when amputation is involved, in-home and long-term care, prescription costs, missed paychecks, diminished earning ability, the life-altering hardship and grief of coming through a impact like this — and in the most tragic cases, the wrongful death of someone you cared deeply for. Call us now at (866) 679-9651 or get in touch online to schedule your free consultation and put a firm that stands up for pedestrians fighting for you.
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