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Date: 12-12-2023

Case Style:

Paries Cannady v. Wendy Heber

Case Number: CJ-2023-191

Judge: Thad Balkman

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney:

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Defendant's Attorney: Austin Hilterbran

Description: Norman, Oklahoma personal injury truck wreck lawyer represented the Plaintiffs who sued the Defendant on auto negligence theories claiming to have suffered more than $!0,000 in damages and/or injuries.

Key Elements:

Duty of care: All drivers in Oklahoma have a duty to operate their vehicles safely and follow traffic laws to avoid harming others. This includes avoiding behaviors like:
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals
Breach of duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. Evidence like:
Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records
Proximate cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.
Damages: If all elements are proven, the injured party can seek compensation for various damages:
Medical expenses
Lost wages
Pain and suffering
Property damage

Comparative Negligence: Oklahoma follows a modified comparative negligence rule. This means the injured party's own negligence can reduce their compensation proportionally. For example, if they're 20% at fault, their damages are reduced by 20%. However, exceeding 50% fault bars them from recovering any damages.

Additional Points:

Statute of limitations: Claims in Oklahoma have a two-year statute of limitations, starting from the date of the accident.
Legal resources: Consult the Oklahoma Bar Association or Oklahoma Department of Public Safety for guidance and resources.
Insurance: Oklahoma requires drivers to carry minimum amounts of liability and uninsured/underinsured motorist (UM/UIM) coverage. This can play a significant role in covering damages and navigating negligence claims.

Specific Scenarios:

Here are some situations where Oklahoma auto negligence law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their UM/UIM coverage if the at-fault driver is unknown or uninsured.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in an Oklahoma auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:


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