“Labor Omnia Vincit” McKay Law
Pedestrian accidents are among the most devastating types of vehicle accidents in Enid, OK—because there’s nothing between a person on foot and a multi-ton car. When a driver hits a pedestrian, the injuries are almost always serious. McKay Law advocates for pedestrian accident victims throughout OK. Common causes of pedestrian accidents include impaired driving, distracted driving, and failure to watch for pedestrians. Particularly dangerous scenarios include the wide variety of situations where drivers fail to watch for pedestrians. Kids and seniors are particularly likely to be hit—with school zones, residential areas, and senior communities being particular concern areas. Our Enid pedestrian injury attorneys act quickly to secure proof—video evidence, eyewitness accounts, electronic data, and forensic analysis. We pursue claims against 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. Victims often suffer traumatic brain injuries (often severe even at low vehicle speeds), spinal cord damage, paralysis, multiple broken bones, internal organ damage, pelvic fractures, amputations, and wrongful death. Even low-speed pedestrian crashes can cause severe injuries—even being struck at 20-25 mph causes serious harm to most adults. We fight for every dollar including medical bills, future care, lost wages, lost earning capacity, pain and suffering, and wrongful death damages. Insurers love to claim pedestrians were jaywalking or wearing dark clothing—we don’t let unfair victim-blaming determine the value of your case. Even if you weren’t following all pedestrian rules, recovery is often still possible—pedestrians retain rights even when they made mistakes. Every pedestrian accident case is handled on a contingency basis—you pay nothing unless we win. Reach out to McKay Law right away for a no-cost case review with a Enid, OK pedestrian accident lawyer who will pursue every dollar your case is worth.
Pedestrians have no protection. When a vehicle hits a pedestrian, the results are catastrophic. Without any protection, deaths are common. Pedestrian fatalities have surged in recent years, driven by distracted driving, larger vehicles, and other factors. Whether you were struck while crossing the street, walking on a sidewalk, or in a parking lot, legal options are available. Our firm fights for pedestrian accident victims in Enid and throughout Oklahoma.
These accidents produce devastating injuries because there’s nothing between them and the vehicle:
Pedestrians have right of way in many situations:
Even if a pedestrian was partially at fault, Oklahoma’s comparative fault rule may still allow recovery (Okla. Stat. tit. 23, § 13). Recovery available unless majority at fault.
Damages in pedestrian cases are usually significant:
Hit-and-run pedestrian cases involve unique considerations:
Kids face particular risk as pedestrians:
The deadline in Oklahoma is two years from the date of the incident to file (Okla. Stat. tit. 12, § 95). For minors, the limitations period may extend until adulthood. Government cases require one-year GTCA notice.
We act fast to secure surveillance video before it’s deleted, examine driver history, preserve electronic evidence, handle UM claims, pursue overservice liability, partner with healthcare providers, build comprehensive damages, and prepare every case as if it will go to trial.
A: Often a strong case. Crosswalk strikes typically establish clear driver liability.
A: Zero upfront. We only get paid if we win.
A: Some fault possible, but recovery available. Comparative fault doesn’t bar recovery in most cases.
A: UM coverage on your auto policy or a relative’s policy usually applies.
A: Parents can file claims for minor children.
A: Usually. Drunk driving routinely supports punitive damages.
A: File a wrongful death claim.
A: Never. Call us first.
A: 2 years from the date of the incident (Okla. Stat. tit. 12, § 95). For minors, the deadline may extend until adulthood.
Pedestrian crashes produce catastrophic injuries faced with aggressive defense. 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. Insurers aggressively challenge pedestrian fault. A local attorney experienced with pedestrian crashes knows how to counter the standard pedestrian blame tactics.
Pedestrians lack vehicle protection.
Pedestrians absorb the full crash force.
Even at modest speeds, pedestrian-vehicle crashes produce:
Studies consistently show that pedestrian survival rates drop dramatically as vehicle speed increases.
At speeds significantly below highway speeds, impacts cause severe outcomes.
Pedestrians frequently suffer multiple impact events.
Common multi-impact scenarios include:
Defense routinely pushes pedestrian fault.
Common defense arguments include:
These defenses can be countered.
Yield failures are the leading cause of pedestrian crashes.
Drivers using phones, GPS, or other distractions hit pedestrians.
Substance-impaired drivers account for many pedestrian incidents.
High-speed driving drives catastrophic outcomes.
Backing-up incidents strike pedestrians, particularly in parking lots, driveways, and back-out spaces.
Drivers turning left into crosswalks cause many catastrophic outcomes.
Right-turn crashes against pedestrians generate predictable pedestrian crashes.
Drivers running traffic control devices endanger pedestrians who have right-of-way.
Visibility issues various visibility problems drive crashes.
Crosswalk infrastructure problems drive crashes.
Equipment-related crashes can contribute to pedestrian crashes.
Intersection pedestrian crashes drive many pedestrian crashes.
Pedestrians struck in crosswalks, even when pedestrians had right-of-way happen frequently.
Pedestrians struck mid-block face more contested fault analysis, but driver duties still apply.
Parking lot pedestrian crashes are recurring incidents.
Sidewalk crashes.
School zone pedestrian crashes involve child victims.
Construction zone pedestrian crashes.
Highway incidents involving pedestrians generate fatal incidents.
Crosswalk pedestrians generally have right-of-way.
State law governs specific rules, 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 in all circumstances.
Even when pedestrians weren’t entirely correct, recovery is still typically possible.
Pure comparative fault states allow full recovery analysis.
Modified comparative fault states still allow recovery up to the threshold percentage.
Compensation in these cases include:
Pedestrians typically require extensive medical care:
Significant lost wages and reduced earning ability.
Major pain damages.
Major quality of life impact.
Psychological consequences.
Visible scarring.
Effects on intimate relationships.
Fatal cases, driving wrongful death cases.
Egregious conduct cases may support punitive damages.
Primary defendant carries primary liability.
Various contributing drivers can face liability.
Equipment-related crashes can implicate manufacturers.
For crashes involving road design, signal issues, signage problems can implicate government entities.
Where property conditions contributed can implicate property owners.
Work zone cases can implicate construction companies for traffic control inadequacies.
Course-of-employment cases can implicate employers.
Truck pedestrian crashes create commercial liability.
For crashes involving Uber, Lyft, DoorDash, or similar drivers create platform-specific claims.
The most common defense.
Defense leverages the pedestrian was crossing improperly.
This defense can be countered through the legal framework for pedestrian rights.
Defense leverages visibility limitations.
Drivers have duty to look for pedestrians despite visibility issues.
“You weren’t paying attention”. Even where this is true, driver duties continue.
Defense raises pedestrian impairment. Pedestrian impairment doesn’t fully bar recovery.
Sole-fault defenses against pedestrians. Driver duties means complete pedestrian fault is rare.
Comparative negligence.
Past medical history.
Even if you think you’re “fine”, same-day medical care matters. Pedestrian injuries can include internal damage that’s not immediately apparent.
Wait for emergency services with serious injuries. Trying to move with spine injuries can worsen the harm.
Don’t leave.
Document driver identification.
Witnesses may be deciding witnesses.
Comprehensive scene documentation.
Where you were in relation to the crosswalk, Signal status, Crosswalk marking.
Insist on official documentation.
Don’t speculate.
Carriers contact victims promptly. Statements without legal advice can permanently damage the case.
Hit-and-run pedestrian incidents are particularly devastating.
Pedestrians without their own auto insurance, resident relative auto coverage may apply.
Pediatric pedestrian cases have particular concerns:
Counsel handling these cases earn fees only on recovery. These cases require significant investment in accident reconstruction, medical experts, and life-care planners advanced by the firm.
Pedestrian accident cases require prompt action.
Video recordings requires prompt preservation.
Witness recollections require prompt investigation.
Electronic vehicle records require preservation.
Scene evidence may be altered.
OK’s statute of limitations sets a hard cutoff.
Connecting with a Enid pedestrian accident attorney quickly triggers preservation steps.
Pedestrians have nothing in the way of airbags, no crumple zones, no seatbelts, and no metal frame between themselves and a vehicle — and when a careless driver hits someone stepping off the curb, the result is almost always severe. Crosswalk strikes, drivers turning right on red without scanning for foot traffic, distracted motorists drifting into bike lanes and sidewalks, drunk drivers veering onto curbs, parking lot incidents, and school zone wrecks involving children land victims with traumatic brain injuries, fractured spines, broken legs and pelvises, internal organ damage, and lifelong disabilities. Even at slow speeds, a vehicle hitting a person produces forces the human body can’t take. 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 refusal to yield.
The insurance company on the other side will try to deflect responsibility onto you — insisting you moved into traffic suddenly, weren’t using a crosswalk, were wearing dark clothing, or were distracted by your own phone. We refuse to allow it. When you come into the McKay Law family, we construct a case that grounds the conversation on the driver’s duty to notice pedestrians and the breach that caused your injuries. We demand maximum 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, lost wages, loss of livelihood, the enduring trauma and anguish of living through a collision like this — and in the most sorrowful cases, the wrongful death of a precious life. Contact us now at (866) 679-9651 or reach out online to set up your free consultation and get a firm that battles for pedestrians in your corner.
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