Free Case Evaluation
Oklahoma City Fatal Car Accident Lawyers
Caring counsel for spouses, children, and families when a car, truck, or motorcycle accident takes a life
Accidents frequently occur on major Oklahoma City roads like I-35, I-40, I-44, and the Kilpatrick Turnpike. More than 39,345 people died in car accidents in 2024, according to the National Highway Traffic Safety Administration.
In that same year, there were 642 fatal crashes in Oklahoma. There’s simply no excuse for many of these accidents. Drivers who fail to obey traffic laws and businesses that fail to put safety first should be held accountable for these tragic wrongs.
At Cunningham & Mears, we understand how devastating it is to lose a loved one. One day, a relative is providing for their family, attending school, enjoying kids and grandchildren – and the next moment they’re gone – forever. Our Oklahoma City lawyers understand your pain. We know the suffering and hardships the loss of a loved one brings.
That is why we work aggressively to hold wrongdoers accountable for your loss. Call our team today to schedule a free consultation with an Oklahoma City fatal car accident lawyer.
Key takeaways
- Losing a loved one in a car accident is devastating. Families deserve justice, and one of the most important steps they can take is to work with an experienced wrongful death attorney.
- Many fatal accidents have preventable causes. They often occur because of drunk driving, distracted driving, speeding, fatigue, and faulty vehicle parts.
- Compensation that can be recovered after a wrongful death in Oklahoma often includes lost income, burial costs, emotional pain, loss of companionship, and sometimes punitive damages if the wrongdoer was especially reckless.
- In Oklahoma, most wrongful death cases must be filed within 2 years from the date of the victim's death. There are exceptions that can change this timeline, so always speak with a lawyer right away.
- The wrongful death claim must be filed by a personal representative, but it is for the benefit of the surviving loved ones.
- Cunningham & Mears handles fatal accident claims on a contingency fee basis, so you pay nothing up front. Consultations are always free, and we only get paid if we recover compensation in your case.
Table of contents
- What is a fatal car accident claim in Oklahoma?
- What qualifies as a fatal car accident case?
- How is a fatal accident case different from a regular injury case?
- What compensation can you recover after a fatal car accident?
- What are common causes of fatal car accidents?
- Your rights when a loved one dies in an auto crash
- Who can file a wrongful death claim in Oklahoma?
- How long do you have to file a fatal car accident claim in Oklahoma?
- What is a fatal car accident case in Oklahoma worth?
- What should you do after losing a loved one in a car accident?
- Frequently asked questions
- Do you have a local Oklahoma City fatal car accident lawyer?
Free Case Evaluation
What is a fatal car accident claim in Oklahoma?
A fatal car accident claim, also called a wrongful death claim, is a legal action filed by the personal representative of someone killed in a crash due to another driver’s negligence or wrongdoing. It allows surviving loved ones to seek financial compensation for their loss.
What qualifies as a fatal car accident case?
A fatal car accident case involves a crash where someone dies as a result of another person’s careless, reckless, or intentional actions. To qualify, there must be enough evidence to show that the other driver or party was responsible for causing the fatal injuries.
What compensation can you recover after a fatal car accident?
Families can get money for funeral and burial costs, the loss of a deceased person's financial support, lost benefits, pain and suffering of the deceased before death, and loss of affection, care, and companionship. If the person who was at fault acted in a way that was extremely careless or intentional, they may also have to pay punitive damages.
What are common causes of fatal car accidents?
Almost everyone gets into a fender-bender at some point. But think about that expression: “fender bender.” Even the most minor accidents, it seems, are enough to bend metal. So it is no wonder that more serious accidents often lead to more serious injuries. In the most tragic of circumstances, those collisions can lead to the death of a loved one.
Fatal crashes are often the result of:
- Driver intoxication: The numbers don’t lie. According to the IIHS, over half of the deaths in Oklahoma's fatal auto accidents were due to driver intoxication. Drunk drivers are a double danger. Not only can’t they control their vehicles, but other drivers also can’t drive defensively because they have no clue what the intoxicated driver will do.
- Distracted driving: We hold drivers accountable if they were texting while driving, talking on a cell phone, adjusting the radio, eating, or doing anything that took their hands off the steering wheel and their eyes off the road.
- Failing to obey the traffic laws: Speeding is a leading cause of traffic accidents. Other traffic violations that can kill include improper passing, running red lights or stop signs, failing to merge properly, and driving too fast for conditions.
- Driver fatigue: When trucking companies push their drivers to prioritize profit over sleep and rest, death can occur. Car drivers who think coffee is a substitute for sleep are putting other drivers in danger. There are federal rules that regulate how much sleep truck drivers need. There are common-sense rules that determine when all drivers should get off the road.
- Faulty auto parts: Defective steering mechanisms, fuel lines, and brakes put every life in danger. Cars with improper treads and windshield wipers that are inoperable should never be on the road. Motorcycles with gears that don’t shift properly can kill drivers and passengers in an instant.
Your rights when a loved one dies in an auto crash
We work with financial professionals, psychologists, and other experts to fully evaluate your wrongful death claim. Our Oklahoma City lawyers understand that no financial sum can ever compensate you for your loss. Our goal is to ensure that, once liability is established, you receive all the financial compensation Oklahoma law allows.
Wrongful does not mean criminal. If the defendant was negligent or failed to perform a duty owed to the decedent, that is enough to bring a claim. Wrongful death lawsuits are civil lawsuits.
In fatal auto crashes, once fault or responsibility is proven:
- Spouses, children, the parents of minors, and other next of kin may recover damages through a wrongful death claim brought by the personal representative.
- Damages can be assessed. The damage award should include:
- The decedent’s medical bills
- The decedent’s funeral and burial costs
- Any pain and suffering endured by the decedent before they died
- The loss of income the decedent would have reasonably earned if the death had not occurred
- The loss of companionship, support, and guidance that the decedent would have given to the relatives
- The emotional pain and suffering of the relative at the loss of a loved one
- Punitive damages can be awarded if the wrongdoer acted recklessly or with wanton disregard for the safety of others.
Who can file a wrongful death claim in Oklahoma?
After a fatal car accident in Oklahoma, not just anyone can bring a wrongful death claim. The law specifies who has the authority to file this type of lawsuit, usually to ensure the right people are represented and protected throughout the process.
- The claim must be filed by the personal representative (sometimes called the executor) of the deceased person’s estate.
- If there is no named personal representative, the court can appoint one, often a close family member, such as a spouse or an adult child.
- The personal representative files the claim, but under Oklahoma law, the proceeds go to the surviving spouse, children, parents, or next of kin.
- In cases where the deceased was a child, the parents often act as the personal representative and can typically bring the claim directly.
The goal is for the people who are most affected by the loss to receive compensation and hold the responsible party accountable.
How long do you have to file a fatal car accident claim in Oklahoma?
After a deadly car accident in Oklahoma, there are stringent deadlines for bringing a wrongful death claim. If you miss it, you may lose your right to receive compensation.
- In Oklahoma, most wrongful death claims for fatal car accidents must be filed within two years after the death of your loved one.
- There may be some exceptions for children (extended deadline) or lawsuits against government entities (short notice requirements).
- Waiting too long can lead to lost evidence, missing witnesses, and a much harder claim process.
It is important to act as soon as possible after a fatal accident, both to protect your legal rights and to make sure you have the strongest case possible.
What is a fatal car accident case in Oklahoma worth?
The value of a fatal car accident case varies widely. Oklahoma law looks at several factors when determining what compensation is appropriate for the victims’ surviving loved ones.
- Compensation can help pay for the funeral and burial, medical costs from the injury that caused the death, and any pain and suffering that happened to your loved one before their passing.
- The court also takes into account how much money the deceased could have made in the future, the benefits the family lost as a result of the death, and how much financial support they provided their family.
- Loss of love, companionship, and guidance to surviving family members is another significant piece.
- In rare cases, punitive damages may be awarded to punish extremely reckless or intentional behavior.
be anywhere from tens of thousands to millions of dollars, depending on the circumstances. An experienced wrongful death lawyer can look into your case and help you figure out how much your claim might be worth.
What should you do after losing a loved one in a car accident?
It is really hard to lose someone in a car accident. While nothing can bring back your loved one, there are vital things you can do to safeguard your family's interests and start the legal process if someone else was to blame.
- Get copies of the accident report and any related police or investigation documents.
- Gather evidence of your loved one’s income, benefits, and any expenses caused by the accident, such as medical and funeral costs.
- Avoid making statements to insurance companies or accepting any settlement offers until you’ve talked to a lawyer.
- Reach out to an experienced Oklahoma wrongful death attorney as soon as you can. They can guide you through the process, handle communication with insurers, and make sure deadlines are met.
Taking these steps not only gives your family the best chance at fair compensation but also helps you focus on healing while your rights are protected throughout the legal process. There will likely be other evidence needed, but your lawyer can help you gather anything important for your claim.
Frequently asked questions
How long do fatal car accident cases take to resolve?
Every case is different, but most fatal accident claims take several months to a year or more to settle or conclude, depending on the complexity, the number of parties involved, and whether the case goes to trial.
Do all fatal car accident cases go to court?
Most cases are settled before trial, and are paid by the insurance company. However, if you cannot agree on a settlement offer, your lawyer can file a lawsuit and take the defendant to court.
Can multiple parties be liable for a fatal accident?
Yes, more than one party can be responsible for a fatal accident. For example, a driver may be mostly responsible, but a defective part also played a role in the accident. In this case, the vehicle manufacturer or the part manufacturer can also be responsible.
What if the victim was partially at fault?
In Oklahoma, wrongful death and personal injury cases are governed by modified comparative negligence. This means that the victim/plaintiff can recover compensation even if the victim was partially at fault, as long as they weren’t more than 50% responsible. The compensation will then be reduced by the victim’s percentage of fault.
Can I afford a lawyer for a fatal car accident case?
Most wrongful death attorneys, including Cunningham & Mears, take cases on a contingency fee basis. This means you don’t pay anything out of your own pocket or up front. We only get paid if we successfully recover money on your behalf, and that payment is taken as a percentage of the settlement or verdict.
Do I need to call the police and report a fatal car accident?
Yes, it is very important to have an official police or accident report for any fatal crash in Oklahoma. This report provides essential evidence for your case and is required by law in deadly accidents.
Do you have a local Oklahoma City fatal car accident lawyer?
If you need a fatal car accident lawyer in Oklahoma City, Cunningham & Mears offers local representation with two convenient office locations. We are located at 5104 N Francis Ave, Suite 102, Oklahoma City, OK 73118, and our Westgate OKC office is at 9428 Westgate, Suite 102B, Oklahoma City, OK 73162.
You can reach us any time (our phones are answered 24 hours a day). Our attorneys understand the local laws and are ready to help Oklahoma families after the loss of a loved one in a fatal car accident.
Lost a loved one in a crash in Oklahoma City? Call us to schedule a free consultation.
At Cunningham & Mears, we understand how upsetting it is to speak to lawyers when all you want to do is mourn the loss of your loved one. We guide you through each phase of the litigation process while balancing your need to mourn your loved one and to respect their wishes for spouses, children, and parents.
Our lawyers help families move forward while honoring the past. In many wrongful death cases, we can negotiate strong settlements. If your case must go to trial, our advocates help you get the full compensation you deserve.
Please contact us anytime to schedule an appointment. We handle fatal auto accident cases on a contingency fee basis. We can help you through this difficult time.
Related Car Accident Content
