Pedestrian Accidents in Oklahoma: Who's At Fault When a Walker Gets Hit?

We're taught from childhood that "pedestrians have the right of way." While this is a sensible safety rule, it's not the complete legal picture in Oklahoma. When a pedestrian is struck by a vehicle, fault determination depends on where the pedestrian was walking, what the driver was doing, and whether either party violated traffic laws. Understanding these rules is essential for anyone pursuing—or defending against—a pedestrian accident claim.

Pedestrian accidents produce some of the most devastating injuries in personal injury law. With no metal frame, airbags, or seatbelts to protect them, pedestrians suffer catastrophic harm even at relatively low vehicle speeds. This article explains Oklahoma's pedestrian laws, how comparative negligence affects recovery, and what victims should do after an accident.

Oklahoma's Pedestrian Right-of-Way Laws

Oklahoma's traffic code (47 O.S. § 11-501 et seq.) sets out specific rules for when pedestrians have the right of way—and when they don't.

When Pedestrians HAVE the Right of Way

Under 47 O.S. § 11-502, drivers must yield to pedestrians in these situations:

Marked Crosswalks

When a pedestrian is within a marked crosswalk on the driver's half of the roadway—or close enough to the other half to be in danger—drivers must stop and remain stopped until the pedestrian has crossed.

Unmarked Crosswalks at Intersections

At any intersection without traffic signals, drivers should yield to pedestrians crossing within the intersection area, even if there's no painted crosswalk.

Sidewalks

When a driver is entering or exiting a driveway, alley, or parking lot and must cross a sidewalk, they must yield to pedestrians on the sidewalk.

When Pedestrians DO NOT Have the Right of Way

Pedestrians are not permitted to enter traffic wherever they choose.

Crossing Outside a Crosswalk (Jaywalking)

Under 47 O.S. § 11-503, if a pedestrian crosses a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection, the pedestrian must yield to all vehicles on the roadway.

This is commonly called "jaywalking," and it shifts the legal burden to the pedestrian.

Sudden Movement Into Traffic

47 O.S. § 11-503(a) prohibits pedestrians from suddenly leaving a curb or place of safety and walking or running into the path of a vehicle that is so close it's impossible for the driver to yield.

Diagonal Crossing

Crossing an intersection diagonally is prohibited unless specifically authorized by traffic control devices.

The Driver's Duty of "Due Care"

Even when a pedestrian is breaking the law—jaywalking, crossing against a signal, or darting into traffic—drivers still have a duty.

Under 47 O.S. § 11-504, every driver must:

"Exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway."

This means:

• A driver who sees a jaywalker and has time to slow down or stop—but doesn't—may still be liable.
• A distracted driver (texting, adjusting GPS, eating) who fails to notice a pedestrian cannot escape liability simply because the pedestrian was in the wrong location.
• A speeding driver who couldn't stop in time may be held responsible for creating the dangerous condition.

This is sometimes called the "Last Clear Chance" doctrine—even if the pedestrian was negligent first, the driver who had the last clear opportunity to avoid the accident may bear responsibility.

Comparative Negligence in Pedestrian Cases

Oklahoma follows modified comparative negligence under 23 O.S. § 13. This system governs how fault is allocated when both parties contributed to an accident.

How It Works

If both the pedestrian and driver share fault, a jury (or insurance adjuster) will assign a percentage of fault to each party.

Example:

• Pedestrian was jaywalking (crossing mid-block, not in a crosswalk)
• Driver was texting and failed to see the pedestrian
• Jury finds: Pedestrian 30% at fault, Driver 70% at fault
• If the pedestrian's damages are $100,000, they recover $70,000 (reduced by their 30% fault)

The 50% Bar

Critical rule: If the pedestrian is found to be 50% or more at fault, they recover nothing.

This makes fault allocation a central battleground in pedestrian accident cases. Insurance companies will aggressively argue that the pedestrian was primarily responsible to avoid paying anything at all.

For a deeper explanation of this system, see our article on comparative negligence in Oklahoma.

Common Pedestrian Accident Scenarios

Crosswalk Accidents

Driver runs a red light or fails to yield at a crosswalk. Pedestrian typically has strong case—they had the right of way.

Parking Lot Accidents

Driver backing out of a space or driving through the lot hits a pedestrian. Fault depends on whether the pedestrian was in a designated walkway and whether the driver was paying attention.

Hit-and-Run

Driver strikes pedestrian and flees. These cases present identification challenges, but uninsured motorist (UM) coverage on the victim's own auto policy may provide compensation.

Distracted Driver/Jaywalking Pedestrian

Both parties at fault. Outcome depends on comparative negligence analysis—which party was more at fault?

DUI Driver

Driver intoxicated. Strong case for pedestrian, potentially including punitive damages.

Child Pedestrian

Children are held to a different standard of care. A child who darts into traffic may not be considered negligent the way an adult would be. Drivers have a heightened duty when children are visible.

Types of Injuries in Pedestrian Accidents

Because pedestrians have no protection, injuries are often severe or fatal:

Lower Body Injuries ("Bumper Injuries")

• Fractured legs, knees, hips
• Shattered pelvis
• Torn ligaments requiring surgery

Thrown/Impact Injuries

• Traumatic brain injuries (TBI) from hitting the ground or windshield
• Spinal cord injuries leading to paralysis
• Internal organ damage
• Broken arms from bracing for impact

Road Rash and Degloving

• Severe abrasions from sliding on pavement
• Degloving injuries (skin separated from underlying tissue)
• Permanent scarring

Psychological Trauma

• PTSD with flashbacks, nightmares
• Fear of crossing streets or being near traffic
• Depression, anxiety, social withdrawal

What Damages Can You Recover?

Oklahoma allows pedestrian accident victims to recover:

Economic Damages

• Medical expenses: ER, surgery, hospitalization, rehabilitation, future treatment
• Lost wages: Time missed from work
• Lost earning capacity: If injuries prevent returning to your previous occupation
• Property damage: Personal items destroyed in the accident

Non-Economic Damages

• Pain and suffering: Physical pain from injuries and treatment
• Emotional distress: Psychological impact of the accident
• Loss of enjoyment of life: Inability to participate in activities you previously enjoyed
• Disfigurement: Permanent scarring or physical changes

Punitive Damages

If the driver acted with reckless disregard (DUI, extreme speeding, deliberate conduct), punitive damages may be available under 23 O.S. § 9.1.

What to Do After a Pedestrian Accident

At the Scene

1. Don't move unless you're in immediate danger of being hit again.
2. Call 911. Report the accident and request an ambulance. A police report is essential.
3. Get the driver's information. License plate, name, insurance, phone number. If you can't, ask a witness.
4. Look for witnesses. Get names and phone numbers—bystander testimony can be decisive.
5. Take photos if possible: the intersection, any traffic signals/signs, your injuries, the vehicle, skid marks.

After the Scene

6. Get medical treatment even if you feel "okay." Adrenaline masks pain. Some injuries (internal bleeding, TBI) don't show symptoms immediately.
7. Preserve evidence. Keep the clothes and shoes you were wearing. Don't wash bloodstains out.
8. Don't give recorded statements to the driver's insurance company without consulting an attorney. Their goal is to minimize your claim.
9. Document your injuries. Photograph bruises, cuts, and wounds as they develop over days and weeks.
10. Consult a personal injury attorney. Pedestrian cases involve complex fault allocation. An experienced attorney can investigate, gather evidence, and counter the insurance company's attempts to blame you.

Statute of Limitations

In Oklahoma, you have two years from the date of injury to file a personal injury lawsuit. Missing this deadline bars your claim forever.

If the driver who hit you was a government employee (city bus, police vehicle, etc.), you may need to file a Tort Claim Notice within one year or less. Consult an attorney immediately if government vehicles were involved.

Frequently Asked Questions

Can I sue if I was jaywalking?

Yes, you can still recover damages if you were less than 50% at fault. If the driver was speeding, distracted, or otherwise negligent, they may bear the majority of fault even if you were crossing outside a crosswalk.

What if the driver fled the scene?

You may recover compensation through your own uninsured motorist (UM) coverage if you have it. Police may also be able to identify the driver through traffic cameras, witnesses, or forensic evidence.

Do I have to prove the driver was distracted?

You don't have to prove distraction to win—any negligence (speeding, failure to yield, running a light) is sufficient. However, if you were partially at fault (jaywalking), showing the driver was distracted strengthens your case for a favorable fault allocation.

What if I was hit in a parking lot?

Parking lots are private property, but negligence law still applies. Drivers owe a duty of care to pedestrians in parking lots, and you may have a claim if they failed to exercise reasonable caution.

Can a child recover damages if they ran into traffic?

Yes. Children are judged by a different standard—what would a reasonable child of similar age, intelligence, and experience do? A seven-year-old who chases a ball into the street is not held to adult standards. The driver's heightened duty around children also applies.

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Pedestrian accidents cause life-altering injuries—and determining fault requires careful legal analysis. Insurance companies will try to blame the pedestrian to avoid paying. Don't let them.

At Addison Law, we represent pedestrian accident victims throughout Oklahoma. We investigate thoroughly, document properly, and fight for full compensation. If you've been hit by a vehicle, contact us for a free consultation.

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This article is for general information only and is not legal advice.