“Labor Omnia Vincit” McKay Law
Distracted driving causes preventable crashes daily in Guymon, OK. When a driver looks at their phone or takes their attention off the road, they create real danger. McKay Law fights for victims of distracted driver crashes throughout OK. A driver glancing at a text can travel hundreds of feet without seeing the road—which is why these crashes tend to be catastrophic. These crashes typically involve texting, social media, navigation distractions, and visual or cognitive distractions. Texas law bans texting while driving—and many cities impose additional cell phone restrictions. Our Guymon texting while driving accident lawyers know how to prove distraction. We obtain critical evidence—cell phone records, text and call logs, app usage data, dash cam footage, witness statements, and police reports. Phone records frequently provide the key evidence—showing texts, calls, or app activity at the moment of the crash. Victims often suffer TBIs, fractures, paralysis, and fatalities. We fight for every dollar including hospital costs, ongoing treatment, lost income, suffering, and survivor damages. In cases of extreme distraction, exemplary damages can be pursued. All inattentive driver claims is handled on a contingency fee basis—no fees unless we recover. Don’t wait—phone records can be erased and electronic evidence lost. Call McKay Law now for a complimentary evaluation with a Guymon, OK car accident lawyer who will hold the distracted driver accountable.
Distracted driving has become one of the leading causes of crashes in Oklahoma and across the country. Texting, calls, navigation, eating, and other distractions take focus away from driving. Even a few seconds of distraction can cause catastrophic wrecks. McKay Law represents distracted driving accident victims in Guymon and across the state.
Safety researchers identify three main types of distraction:
Texting is the worst because it involves all three types of distraction.
Oklahoma has distracted driving statutes:
Breaking these laws supports negligence claims.
Oklahoma follows modified comparative fault (Okla. Stat. tit. 23, § 13). You can still recover if you are 50% or less at fault, though your share reduces the final award.
Punitive damages may apply when conduct goes beyond ordinary negligence. Conduct that may warrant punitive damages include:
Oklahoma generally gives 2 years from the date of the crash to file (Okla. Stat. tit. 12, § 95). Time matters in these cases because electronic evidence vanishes.
We act fast to lock down phone data before it’s lost, preserve onboard computer data, retain accident reconstruction experts when warranted, secure proof of distraction from multiple angles, seek punitive awards in egregious cases, and prepare every case as if it will go to trial.
A: Phone records, app data, EDR data, witnesses, video, and the driver’s own statements.
A: Nothing. No recovery, no fee.
A: Yes. It’s powerful proof of liability.
A: Through litigation, we can subpoena them.
A: No. Call us first.
A: In some cases, yes. Particularly bad conduct can trigger punitive damages.
A: Two years from the date of the crash (Okla. Stat. tit. 12, § 95). Move quickly — electronic evidence can be lost.
Distraction now rivals impairment as the top crash factor. Distraction leaves a digital trail that drunk driving doesn’t. A Guymon car accident attorney turns distraction into the leverage that drives serious recovery.
Distracted driving covers any activity that diverts attention from driving.
There are three recognized types of distraction:
Anything that takes the driver’s eyes off the road. These include looking at passengers.
Anything that takes the driver’s hands off the wheel. Examples include reaching for objects.
Anything that takes the driver’s mind off driving. Examples include daydreaming.
Texting and similar smartphone use combines all three categories.
Distracted driving leaves evidence. In contrast to behaviors that fade without trace, the digital age has created persistent evidence.
Phone carrier data reveal phone activity at the time of the crash. Phone records are powerful evidence.
Messaging app data exist on multiple servers. App usage data from social media and other applications are subject to subpoena.
Modern vehicles record interaction with their systems. Touchscreen interactions, music selections, and navigation use may be recoverable.
Other drivers’ dashcams may document the driver’s actions at the wheel.
Independent observers provide direct evidence of distraction.
Driver-side documentation provides direct proof.
Several state laws govern this conduct. Texting while driving is prohibited in most states. Distracted driving violations directly establish negligence.
If the driver broke a statute, this can establish negligence as a matter of law. Per se negligence streamlines the case.
Beyond statutory violations, distraction breaches the duty all drivers owe. The standard of ordinary care requires drivers to give their full attention to driving.
Defense counsel frequently disputes whether distraction occurred. Building the evidence case is the answer to this defense.
“The distraction didn’t matter”. Defense argues distraction didn’t actually cause the crash.
Expert analysis of perception-reaction time counters these defenses.
“It was hands-free, so it was safe”.
Studies show hands-free phone use creates significant cognitive distraction. Phone use is dangerous regardless of how the phone is held.
Comparative fault arguments. OK’s comparative fault rules allows recovery to continue.
The driver’s eyes weren’t on the road accounts for many rear-end wrecks. The driver doesn’t react in time.
Attention-lapse crashes can cause drivers to drift across lanes.
Visual distraction at intersections account for many failure-to-yield crashes.
Vulnerable road users suffer disproportionately from distraction. Distraction-pedestrian crashes are often catastrophic.
Highway distraction results in particularly devastating wrecks.
Severe inattention can support punitive damages. This category covers:
Carrier data is preserved for limited periods. Subpoenas must be served promptly.
App providers retain data inconsistently. Quick preservation demands secure the digital trail.
Distracted driving citations carry significant weight.
Witnesses who saw the driver on their phone provide compelling proof.
Modern vehicles’ infotainment systems and other electronic systems may show what the driver was doing.
Distracted driving accident damages parallel other auto claim categories:
Lawyers handling these cases charge no upfront fees. First meetings carry no charge.
Cell phone records, app data, and electronic evidence all have retention windows. Various data holders have varying retention policies. Filing deadlines continues running. Engaging counsel right away protects every angle of the case.
A driver who looks down at a phone for just five seconds while traveling 55 miles per hour covers the length of a football field with their eyes off the road. That’s the math behind distracted driving — and it’s why texting, scrolling social media, fiddling with infotainment screens, eating behind the wheel, applying makeup, and reaching for items in the back seat cause thousands of preventable crashes every single day. At McKay Law, we know that proving distraction is often the difference between a fair settlement and a lowball offer. We request cell phone records, social media activity, app usage logs, and infotainment system data to establish exactly what the at-fault driver was doing in the seconds before impact. We match that evidence with dash cam and surveillance footage, witness statements, and police reports to craft a case the insurance company can’t talk its way out of.
Distracted drivers cause some of the most senseless crashes on the road — rear-end collisions in stopped traffic, lane-departure wrecks at highway speed, and intersection crashes from drivers who blew through a red light because their eyes were on a screen. The injuries that follow are anything but minor: spinal damage, traumatic brain injuries, multiple fractures, and lifelong complications. When you become part of the McKay Law family, we push back against the at-fault driver’s attempts to trivialize what they did. We fight for full compensation for emergency care, surgeries, hospitalization, ongoing rehabilitation, future medical needs, prescription costs, time away from work, lost earning capacity, vehicle replacement, and the enduring hardship of a crash that never had to happen. Call us today at (866) 679-9651 or reach out online to book your free consultation and bring a firm that knows how to expose distracted driving on your side.
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