“Labor Omnia Vincit” McKay Law
Distracted driving kills thousands every year in Owasso, OK. When someone chooses to text or multitask while driving, they gamble with other people’s lives. McKay Law fights for victims of distracted driver crashes throughout OK. Even brief distraction at highway speeds covers enormous distances—which is why the consequences are so devastating. Distracted driving covers cell phone use, app distractions, and any activity that diverts attention. Texas prohibits reading or sending texts behind the wheel—and violations strengthen your injury claim. Our Owasso distracted driving accident attorneys know how to prove distraction. We obtain critical evidence—electronic data, third-party testimony, and law enforcement findings. Subpoenaed phone data can prove distraction—providing concrete proof of inattention. Injuries from distracted driving crashes TBIs, fractures, paralysis, and fatalities. We recover all available damages including hospital costs, ongoing treatment, lost income, suffering, and survivor damages. In cases of extreme distraction, exemplary damages can be pursued. Every distracted driving case is handled on a contingency fee basis—you pay nothing unless we win. Don’t wait—phone records can be erased and electronic evidence lost. Contact McKay Law today for a complimentary evaluation with a Owasso, OK texting while driving accident attorney who will pursue every dollar your case is worth.
Distracted driving has become one of the leading causes of crashes in Oklahoma and across the country. Phones, GPS, infotainment systems, food, passengers, and other distractions take focus away from driving. A momentary glance away from the road can cause catastrophic wrecks. McKay Law advocates for distracted driving accident victims in Owasso and throughout Oklahoma.
Distraction falls into three categories:
Texting is the worst because it involves all three types of distraction.
Oklahoma has enacted laws to combat distracted driving:
Statutory violations strengthen liability evidence.
Fault can be shared under Oklahoma law (Okla. Stat. tit. 23, § 13). You can still recover if you are 50% or less at fault, with your award reduced by your percentage of fault.
Punitive damages may apply where the driver acted with gross negligence. Situations supporting punitive awards include:
Oklahoma generally gives two years from the date of the crash to file (Okla. Stat. tit. 12, § 95). Distracted driving cases need fast action because phone and app records may be lost without prompt preservation.
We get to work immediately to lock down phone data before it’s lost, pull EDR and black box data, bring in qualified reconstruction experts, build the distraction evidence, push for exemplary damages when justified, 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: Zero upfront. No recovery, no fee.
A: Absolutely. It strengthens the case considerably.
A: Yes, through subpoena.
A: No. Talk to a lawyer first.
A: Possibly. Reckless distraction can support punitive awards.
A: 2 years from the date of the crash (Okla. Stat. tit. 12, § 95). Act fast — phone records can be deleted.
Distracted driving is one of the most common causes of preventable crashes today. It’s also one of the most proveable forms of negligence. A Owasso distracted driver accident lawyer knows how to find the digital fingerprints distraction leaves behind.
The category covers a wide range of conduct.
Distraction has three forms:
Eyes-off-road distractions. Examples include adjusting infotainment systems.
Anything that takes the driver’s hands off the wheel. These include holding phones.
Cognitive distractions involve mental focus elsewhere. This category covers focusing on problems unrelated to driving.
Smartphone interaction is uniquely dangerous because it triggers all three forms at once.
Distracted driving leaves evidence. Unlike many other driver behaviors, the digital age has created persistent evidence.
Subpoenaed cell phone records document phone use during relevant periods. Phone records are powerful evidence.
Messaging app data can be subpoenaed from carriers. Application usage logs are subject to subpoena.
Vehicle electronic systems track use. Touchscreen interactions, music selections, and navigation use can be retrieved through expert analysis.
Traffic cameras can show the driver visibly distracted.
Independent observers offer credibility-anchored testimony.
Drivers sometimes admit distraction in police reports, statements, or social media posts offers compelling case evidence.
Several state laws govern this conduct. Texting while driving is prohibited in most states. Statutory breaches provide a foundation for liability.
When the driver committed a violation of statutory law, the breach creates per se negligence. The violation removes the duty-and-breach question.
Beyond statutory violations, distracted driving is straightforward negligence. Common-law negligence requires drivers to give their full attention to driving.
Insurers often deny distraction outright. Defeating this defense requires the digital evidence trail.
Causation defense. “Distraction wasn’t a substantial factor”.
Expert analysis of perception-reaction time counters these defenses.
Defense pushes hands-free legitimacy.
This argument is contradicted by research. Even hands-free phone use significantly impairs driving.
Defense pushes shared-fault claims. The state’s comparative negligence framework allows recovery to continue.
Eyes-off-road distraction accounts for many rear-end wrecks. The driver doesn’t react in time.
Distraction-related lane departure causes lane departure crashes.
Visual distraction at intersections cause T-bone and intersection crashes.
Distraction creates pedestrian and cyclist risk. Distraction-pedestrian crashes are often catastrophic.
High-speed inattention results in particularly devastating wrecks.
Extreme distraction may unlock exemplary damages. This category covers:
Cell phone records typically have retention windows. Subpoenas must be served promptly.
Social media platforms have varying retention policies. Quick preservation demands can lock down data that would otherwise be lost.
Officer documentation of distraction provide critical case evidence.
Independent observations can be decisive evidence.
Modern vehicles’ infotainment systems and other electronic systems can reveal driver activity.
Distracted driving accident damages parallel other auto claim categories:
Counsel in this area work on contingency. Free initial consultations are standard.
Cell phone records, app data, and electronic evidence all have retention windows. Various data holders have varying retention policies. Filing deadlines continues running. Getting an attorney involved promptly protects every angle of the case.
A driver who looks down at a phone for just five seconds while traveling 55 miles per hour travels 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 understand 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 confirm exactly what the at-fault driver was doing in the seconds before impact. We combine that evidence with dash cam and surveillance footage, witness statements, and police reports to construct a case the insurance company can’t talk its way out of.
Distracted drivers cause some of the most preventable 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 come into the McKay Law family, we won’t allow 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. Reach us right away at (866) 679-9651 or reach out online to schedule your free consultation and place a firm that knows how to expose distracted driving on your side.
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