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Driving is part of everyday life in Oklahoma. With extensive highway systems connecting cities across the state, large truck traffic is a constant presence on our roads.
Semi-trucks, tractor-trailers, and 18-wheelers play a critical role in our economy, but they also present serious risks. These vehicles can weigh 20 to 30 times more than a standard passenger car, making accidents especially dangerous. In fact, in crashes involving a passenger vehicle and a large truck, the vast majority of fatalities are occupants of the passenger vehicle.
Though not all truck accidents are fatal, they often have serious consequences for the injured.
There are several reasons as to why such accidents can occur, including:
Even the most seemingly minor driving errors, such as failing to signal before passing or not accelerating sufficiently, can result in a catastrophic accident.
If you or a loved one has been involved in a truck accident in Oklahoma and need a reliable truck accident lawyer, call the Heavy Hitters® at the Law Offices of Jeff Martin on your side. As experienced truck accident attorneys, we can help you uncover the cause of your accident and fight for due compensation to cover the costs of recovery for your injuries.
We’ve established that injuries sustained in a truck accident can be very severe, if not fatal. Not only can a collision with a semi-truck or tractor-trailer cause irreparable damage to your vehicle, but it may also leave you with permanent disabilities.
Suffering from any of these can significantly alter your quality of life. Whether that be for the short-term or long-term, you need to be able to focus on your recovery and not be bogged down with legalities after an accident. If you’ve been injured in an accident anywhere in Oklahoma, the Law Office of Jeff Martin is here for you.
When you choose to work with a qualified attorney on your case and it’s determined that you have legal grounds for a claim to compensation, there are different types of compensation that you could be eligible to receive. It will all depend on the circumstances surrounding your accident and the extent of your injuries. These include:
Economic Damages – Items that can be assigned an actual dollar amount, such as medical bills, lost wages, property damage, and cost for ongoing rehabilitative services.
Non-Economic Damages – Intangible elements, such as future lost earnings, pain and suffering, or the costs of recovering from distress with grief or emotional counseling.
Punitive Damages – In rarer cases, punitive damages may be awarded if it can be proven that the at-fault driver knowingly ignored safety laws or displayed malicious, dangerous driving that resulted in the accident.
If you or someone you love has been involved in a truck accident in Oklahoma, it is important to take the following steps as soon as possible:
Turn on your hazard lights — This will signal other drivers to slow down and help avoid additional collisions.
Call 911 — If there are serious injuries or significant damage, call 911 immediately for emergency assistance. The police will also need to be notified so they can file an accident report.
Check for injuries — Check yourself and others involved in the accident for injuries.
Seek medical attention — Even if you feel fine, it is important to get checked by a healthcare professional. Adrenaline and shock can sometimes mask symptoms of an injury.
Get to a safe location — If possible, move your vehicle to the side of the road or another safe location to avoid further accidents. Otherwise, leave your vehicle where it is so the police can document the scene.
Gather evidence — If it is safe to do so, take photos or videos of the accident scene, vehicle damage, injuries, road conditions, and other relevant details. Also collect witness information.
Exchange information with the other parties — Obtain contact information, insurance details, driver’s license information, and other relevant information.
Notify your insurance company — Report the accident to your insurance company and provide the necessary documentation.
Keep records — Keep copies of police reports, medical records, bills, insurance correspondence, and other documents related to the accident.
Follow your doctor’s recommendations — Attend all medical appointments and follow your prescribed treatment plan.
Contact a lawyer — An experienced truck accident attorney can help protect your rights and pursue fair compensation.
Take care of yourself — Truck accidents can cause significant physical and emotional distress. Focus on your recovery and seek appropriate support.
There are several reasons why it can be beneficial to hire a lawyer after a truck accident in Oklahoma: A lawyer can help you understand and protect your legal rights.
Truck accidents may involve multiple parties, including the driver, trucking company, insurance companies, manufacturers, and other businesses.
Insurance companies may attempt to minimize or deny your claim. An attorney can negotiate with insurers on your behalf.
Truck accidents can result in serious injuries and substantial medical expenses. An attorney can help pursue compensation for these losses.
Trucking companies often have experienced legal teams and insurance representatives working on their behalf. Having an attorney can help level the playing field.
Size and weight: Commercial trucks are significantly larger and heavier than passenger vehicles, which can result in more severe injuries and property damage.
Regulations: Commercial trucking companies and drivers are subject to federal and state regulations involving driver qualifications, vehicle maintenance, hours of service, and other safety requirements.
Liability: A truck accident may involve several potentially liable parties, including the driver, trucking company, vehicle manufacturer, maintenance company, or cargo loader.
Insurance coverage: Commercial trucks generally carry higher insurance coverage limits than personal vehicles.
Because truck accidents can involve multiple parties and complex regulations, they often require a more extensive investigation.
The truck driver: If the driver acted negligently or violated applicable regulations, they may be responsible for resulting injuries and damages.
The trucking company: A trucking company may be liable for negligent hiring, training, supervision, vehicle maintenance, or other failures.
The truck manufacturer: If a defective part or design contributed to the accident, the manufacturer may potentially be liable.
Other negligent parties: Cargo loaders, maintenance companies, and other parties may also share responsibility depending on the circumstances.
Determining liability can be complex and requires a thorough investigation of the accident and available evidence.
Yes, a trucking company may potentially be held responsible for a driver’s negligence under certain circumstances. This is commonly referred to as vicarious liability.
To establish liability, it may be necessary to show that the driver was acting within the scope of their employment when the accident occurred.
A trucking company may also have independent liability if it negligently hired, trained, supervised, or retained a driver, or failed to properly maintain its vehicles.
Evidence such as employment records, driver qualifications, training records, prior violations, accident history, and maintenance records may be relevant to the case.
To establish negligence, you generally need to establish four key elements:
Evidence such as police reports, witness statements, medical records, driver logs, vehicle records, photographs, and expert testimony may help establish negligence.
Federal Motor Carrier Safety Regulations (FMCSRs): These establish safety requirements involving vehicle maintenance, driver qualifications, hours of service, and other areas.
State traffic laws: Commercial trucks must comply with Oklahoma traffic laws and may also be subject to additional restrictions.
Oklahoma Commercial Driver License requirements: Commercial drivers must meet applicable licensing and qualification requirements.
Trucking company policies: Companies may have internal requirements regarding driver conduct, vehicle maintenance, cargo loading, and safety procedures.
A violation of applicable regulations may be relevant when determining liability in a truck accident case.
Police reports — These can document the accident, scene conditions, statements, and potential causes.
Witness testimony — Eyewitnesses may help establish what happened before and during the accident.
Driver logs — These may help determine whether the driver complied with applicable hours-of-service requirements.
Vehicle maintenance records — These can reveal whether maintenance or mechanical issues contributed to the accident.
Medical records — These document injuries, treatment, and medical expenses.
Expert testimony — Accident reconstructionists, medical professionals, and other experts may provide important opinions regarding liability and damages.
Yes, emotional distress may potentially be included as part of a personal injury claim arising from a commercial truck accident in Oklahoma.
Emotional distress can include psychological effects such as anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional difficulties resulting from an accident.
Evidence supporting an emotional distress claim may include medical records, statements from mental health professionals, and testimony from people who have observed the effects of the accident.
An attorney can help determine what damages may be available and what evidence may be needed to support the claim.
Oklahoma’s comparative negligence rules can affect the amount of compensation you may recover after a truck accident.
Under comparative negligence, each party may be assigned a percentage of fault based on their conduct.
For example, if you were found to be 20% responsible for an accident, your compensation may be reduced by your percentage of fault.
The original FAQ states that Oklahoma follows a modified comparative negligence rule and explains that a person found more than 50% at fault may be unable to recover compensation. Because comparative negligence rules can be legally nuanced, it is important to have an attorney evaluate how the law applies to the specific circumstances of your accident.
In Oklahoma, there is a statute of limitations that establishes a deadline for filing a personal injury lawsuit after an accident.
The original FAQ states that personal injury lawsuits generally must be filed within two years from the date of the accident.
There may be exceptions depending on the circumstances, so it is important to speak with an attorney as soon as possible after a truck accident to determine the applicable deadline.
The timeline for resolving a commercial truck accident personal injury case can vary significantly depending on the circumstances.
Factors that may affect the timeline include the severity of your injuries and required medical treatment, the amount and availability of evidence, the number of parties involved, negotiations with insurance companies, the complexity of the case, and whether the case settles or proceeds to trial.
A case may take anywhere from several months to several years to reach a settlement or verdict.
Many personal injury attorneys represent clients on a contingency-fee basis. This generally means the attorney does not charge an upfront legal fee and receives a fee if compensation is recovered through a settlement or verdict.
The original FAQ notes that attorney fees can vary depending on whether the case is resolved outside of court, during active litigation, or through a jury verdict.
Before hiring an attorney, it is important to understand the attorney’s fee structure and any other potential costs associated with your case.
