They Chose Their Phone Over Your Safety.

We subpoena the driver's cell phone records showing activity at the time of the crash. We also obtain their phone itself through discovery to analyze app usage, texts, and notifications. Body camera footage from police often shows the driver still holding their phone. Witnesses who saw the driver looking down are also valuable.

Yes. Oklahoma law (47 O.S. § 11-901d) prohibits texting while driving for all drivers. There's also a complete ban on handheld phone use in school zones. Violating these laws is strong evidence of negligence in your civil case.

Any distraction that takes attention from the road can establish negligence. Whether they were texting, eating, reaching for something, or adjusting the radio—if they weren't paying attention and caused your crash, they're liable. Phone use is just easier to prove definitively.

Yes, under Oklahoma's comparative negligence rules, you can recover compensation as long as you were less than 51% at fault. Your recovery will be reduced by your percentage of fault. We work to minimize any contributory fault and maximize the other driver's responsibility.

Often yes. If we can prove the driver was texting—something they knew was dangerous and chose to do anyway—we may be able to argue for punitive damages in addition to compensatory damages. Juries tend to be especially unsympathetic to texting drivers.

If the driver was on the job or using their phone for work purposes, the employer may be liable under respondeat superior. Companies with poor cell phone policies or that pressure employees to respond while driving can face significant liability. This often means deeper pockets for your recovery.