Legal Question in Traffic Law in Oklahoma

In May of 2006 a law was put into effect by Gov. Brad Henry stating that motorists must give cyclists a 3 feet space while passing. In May of this year I was hit while riding my bike sustaining serious injuries. My questions are these:

How can I make sure that the driver is fined $500 as mandated in HB2629 for encroaching on the 3 feet and causing serious injury to me? The officer didn't ticket him for this but did ticket him for negligence on the roadway or something like that.

Can I file a lawsuit against the Oklahoma Dept. of Public Safety for not including this law in the driver's handbooks, nor for including it anywhere on their website? In fact, I would like to gather all of the cyclists who have been hit and injured and file a class action suit for negligence if possible. For those cyclists who have been killed I would like family members to represent the fallen cyclists.


Asked on 10/14/09, 3:53 pm

1 Answer from Attorneys
Mitty Means Mohanty Means, P.C.

You can bring a suit against the driver (on his auto insurance) to recover your medical bills and any other damages.

With regards to DPS, you can file a tort cliam. It will be dismissed because there is an exception to the Governmetnal Tort Claims Act for enforcement or lack of enforcement of a statute or ordiance. However, the courts can mandate them. So once you file yoru tort claim, you can then file a writ of madamus seeking enfocement of the laws either in Dct or in Oklahoma SCT.

You can write to the Oklahoma Attorney General and ask him to enforce the legislation, with copy to the Governor and head of DPS and request that this law be written into the handbook.

Organize a protest day at the state capitol. Call state capitol and reserve a day to organize a protest with all the family members of the deceased. Your best speaker can talk about it. Also notify all the media.

Mitty Mohanty Means

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Answered on 10/21/09, 10:33 am


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