“Labor Omnia Vincit” McKay Law
Pedestrian crashes are among the most devastating types of vehicle accidents in Tulsa, OK—because there’s nothing between a person on foot and a multi-ton car. When a driver hits a pedestrian, the consequences are typically severe or fatal. McKay Law fights for pedestrian accident victims throughout OK. Common causes of pedestrian accidents include impaired driving, distracted driving, and failure to watch for pedestrians. These incidents often occur during the wide variety of situations where drivers fail to watch for pedestrians. Kids and seniors are particularly likely to be hit—making damages especially significant in these cases. Our Tulsa pedestrian accident attorneys move fast to preserve evidence—traffic camera and surveillance footage, witness statements, accident reconstruction, police reports, dashcam evidence, vehicle event data recorders, and area lighting conditions. We pursue claims against individual drivers, employers, government entities, and other parties contributing to the crash. Injuries from pedestrian accidents TBIs, life-threatening internal injuries, permanent disability, and fatalities. The physics work against pedestrians at any speed—even being struck at 20-25 mph causes serious harm to most adults. We fight for every dollar including hospital costs, ongoing treatment, missed income, suffering, and survivor damages. Insurance companies often try to blame pedestrians—we shut those tactics down with hard evidence. Even if you weren’t following all pedestrian rules, you may still have a valid claim—drivers still have a duty to watch for and avoid pedestrians. All pedestrian crash claims is handled on a contingency fee basis—no fees unless we recover. Contact McKay Law today for a free consultation with a Tulsa, OK pedestrian crash attorney who will hold the at-fault driver and their insurer accountable.
Pedestrians have no protection. When a vehicle hits a pedestrian, the injuries are typically severe. With nothing between them and the impact, deaths are common. Pedestrian deaths have increased dramatically in recent years, driven by distracted driving, larger vehicles, and other factors. Whether crossing, walking on a sidewalk, or in a parking lot, Oklahoma law protects your right to recover. McKay Law advocates for pedestrian accident victims in Tulsa and in surrounding communities.
Pedestrian crashes typically cause severe injuries because there’s nothing between them and the vehicle:
Pedestrian right of way is established in many circumstances:
Pedestrian comparative fault doesn’t bar recovery (Okla. Stat. tit. 23, § 13). Pedestrians can recover if they’re 50% or less at fault.
Damages in pedestrian cases are usually significant:
These cases have unique aspects:
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 limitations period may extend until adulthood. Government cases require one-year GTCA notice.
We get to work immediately to secure surveillance video before it’s deleted, examine driver history, preserve electronic evidence, pursue UM coverage in hit-and-run cases, pursue overservice liability, partner with healthcare providers, value cases for both immediate and lifetime damages, and treat each matter as trial-ready.
A: Strong case usually. Crosswalk strikes typically establish clear driver liability.
A: Zero upfront. We only get paid if we win.
A: Maybe partly — but you can still recover. 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: Don’t. Call us 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 accidents combine the most catastrophic injury patterns with the most aggressive insurance defense tactics. 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. A Tulsa pedestrian accident lawyer builds these cases against the aggressive insurance approach.
There’s no protective enclosure for pedestrians.
The pedestrian bears the entire crash energy.
Even at relatively low speeds, impacts cause:
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.
Typical impact patterns include:
Pedestrian-fault arguments are routine.
Standard defense tactics include:
These defenses can be countered.
Drivers failing to yield to pedestrians in crosswalks generate many pedestrian incidents.
Distracted drivers cause pedestrian crashes.
Impaired drivers cause many pedestrian crashes.
Drivers exceeding safe speeds generates fatal pedestrian crashes.
Drivers backing up without checking cause pedestrian backing crashes.
Turning-vehicle pedestrian crashes are particularly dangerous.
Right-turn pedestrian crashes cause many pedestrian incidents.
Traffic control violations cause serious pedestrian crashes.
Poor visibility conditions (weather, time of day, vehicle issues) drive crashes.
Inadequate crosswalk infrastructure can contribute to crashes.
Vehicle defects affecting visibility, braking, or other safety can contribute to pedestrian crashes.
Intersection pedestrian crashes are the most common pedestrian crash location.
Pedestrians struck in crosswalks, despite pedestrian right-of-way happen frequently.
Mid-block crashes involve more pedestrian-fault defenses, but pedestrian rights and driver duties still apply.
Lot-based pedestrian crashes are particularly common.
Sidewalk crashes.
Pedestrian incidents in school zones are particularly devastating.
Work zone pedestrian incidents.
Pedestrians on highways are typically catastrophic.
Crosswalk pedestrians generally have right-of-way.
State law governs specific rules, but pedestrians in crosswalks typically have priority.
Unmarked crosswalks at intersections carry pedestrian right-of-way.
Drivers have a continuing duty to look for pedestrians regardless of right-of-way.
Even where pedestrians share some fault, comparative fault rules typically allow recovery.
States with pure comparative fault permit recovery even with pedestrian-majority fault.
Modified comparative states allow recovery within the limits.
Compensation in these cases include:
Pedestrian medical costs are substantial:
Significant lost wages and diminished earning capacity.
Substantial pain and suffering damages.
Pedestrian injuries often eliminate the ability to do basic activities.
PTSD is common after pedestrian crashes.
Pedestrian crashes often produce significant scarring.
Relationship impacts.
Pedestrian crashes have high fatality rates, driving wrongful death cases.
Egregious conduct cases may unlock exemplary damages.
Driver is the primary defendant.
Various contributing drivers can face liability.
Equipment-related crashes can implicate manufacturers.
Road and infrastructure problems create government liability.
Property issues affecting the crash can implicate property owners.
For construction zone crashes can implicate construction companies for traffic control inadequacies.
Work-related driving can implicate employers.
For pedestrian crashes involving trucks create commercial liability.
Gig platform crashes can implicate the relevant platform.
The dominant defense.
Defense leverages the pedestrian was crossing improperly.
This defense can be countered through the legal framework for pedestrian rights.
Defense argues visibility limitations.
Drivers have duty to look for pedestrians even when visibility is limited.
Defense argues plaintiff was on their phone. Even with pedestrian distraction, drivers still have duty to see pedestrians.
Defense raises pedestrian impairment. This doesn’t eliminate the driver’s duties.
“You caused this”. The driver’s duty to see pedestrians and operate safely means complete pedestrian fault is rare.
“You contributed too”.
Prior medical issues.
Even if you think you’re “fine”, prompt medical evaluation is essential. Internal injuries can develop.
Wait for emergency services when seriously hurt. Moving with potential spinal injuries can worsen the harm.
Stay put until law enforcement arrives.
Driver’s name, contact, license, insurance, license plate.
Bystanders, other pedestrians, business employees can be crucial.
The scene, vehicles, your injuries, surroundings.
Where you were in relation to the crosswalk, whether you had walk signal, Crosswalk marking.
Official documentation is essential.
Don’t speculate.
Insurance adjusters call quickly. Statements without legal advice create problematic admissions.
Hit-and-run pedestrian incidents are particularly devastating.
Pedestrians without their own auto insurance, UM coverage on a household member’s policy may apply.
Child pedestrian crashes have particular concerns:
Pedestrian accident attorneys work on contingency. These cases require significant investment in accident reconstruction, medical experts, and life-care planners paid by counsel.
These cases need quick attention.
Surveillance footage gets overwritten quickly.
Independent observations fade quickly.
Vehicle data require preservation.
Conditions can be modified.
The legal time limit sets a hard cutoff.
Getting an attorney involved promptly triggers preservation steps.
Pedestrians have zero airbag cushioning, no crumple zones, no seatbelts, and no metal frame between themselves and a vehicle — and when a inattentive driver hits someone stepping off the curb, the result is nearly always life-altering. Crosswalk strikes, drivers turning right on red without watching 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 leave victims with traumatic brain injuries, fractured spines, broken legs and pelvises, internal organ damage, and lifelong disabilities. Even at relatively low speeds, a vehicle striking a person produces forces the human body wasn’t designed to withstand. At McKay Law, we act fast to secure 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 proves the driver’s refusal to yield.
The insurance company on the other side will do everything to shift blame onto you — alleging you moved into traffic suddenly, weren’t using a crosswalk, were wearing dark clothing, or were distracted by your own phone. We push back hard. When you come into the McKay Law family, we construct a case that focuses the conversation on the driver’s duty to notice pedestrians and the negligence that caused your injuries. We demand 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, time away from work, diminished earning ability, the deep physical and psychological suffering of surviving a collision like this — and in the most sorrowful cases, the wrongful death of someone you cared deeply for. Reach us without waiting at (866) 679-9651 or contact us online to schedule your free consultation and get a firm that battles for pedestrians in your corner.
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