Were you or a loved one injured in a truck accident? It’s important to act quickly to preserve your rights and evidence that can help establish liability. Trucking companies often quickly send a response team to gather evidence and mitigate liability, so you need an experienced Oklahoma City truck accident attorney in your corner to protect your interests.
How an Experienced Oklahoma City Truck Accident Attorney Can Help If You’re Hurt
Truck accidents are more complex than car accident cases because they may involve multiple parties at fault for the accident, complex trucking regulations, and extensive damages. You need an Oklahoma City truck accident lawyer with extensive experience dealing with these types of cases. When you hire Oklahoma Injury Law, we can help by:
- Investigating the accident and determining all parties responsible for your injuries
- Gathering and preserving valuable evidence that can prove liability and your damages
- Reviewing medical records, accident reports, and other documents to support your personal injury claim
- Handling communications with insurance companies and other parties to protect your interests
- Explaining your legal rights and options at each phase of the case, including the option to resolve your case through a favorable settlement
- Negotiating for maximum compensation for your claim
Our Oklahoma City personal injury law firm provides a free, no-obligation consultation, so you can learn more about your options for financial recovery at no cost or obligation to you. Call us today at (405) 310-8800 to learn more.
Common Causes of Truck Accidents in Oklahoma City
Truck accidents are complex, often requiring the involvement of accident reconstruction specialists to recreate the events leading up to the crash. These crashes can occur for various reasons, including:
- Fatigued driving – Driver fatigue is a serious issue, especially when a driver is operating a vehicle weighing upwards of 80,000 pounds. Tired drivers have slower reaction times and impaired decision-making ability, a dangerous combination that endangers other motorists in their path.
- Distracted driving – Commercial drivers are just as susceptible – if not more so – to distractions, including cell phones, GPS units, and dispatch radio messages. Distracted drivers have delayed reactions, making accidents more likely to occur.
- Speeding – Truck drivers often get paid by the load, so they have an incentive to quickly get to their destination. They sometimes choose to put profits over safety.
- Aggressive driving – Truck drivers may take advantage of their larger size and use it to intimidate other drivers. They can endanger motorists when they run red lights, make unsafe passes, or violate traffic laws.
- Driver inexperience – Truck driving can be a difficult job, making it hard to keep enough drivers employed. This leads to trucking companies hiring inexperienced drivers without commercial drivers licesnes (CDLs) who may not know how to properly operate the truck, make wide turns, or check for vehicles in their blind spots.
- Impaired driving – Some truck drivers choose to drive under the influence of drugs or alcohol, endangering the lives of all motorists.
- Poor vehicle maintenance – Inadequate maintenance can lead to tire blowouts, brake failure, steering issues, or failures in their lights, reflectors, or safety equipment.
- Cargo shifts – Improper loading of freight can cause the cargo to shift during transport, which can make the truck become imbalanced, potentially leading to a jackknife incident. The cargo can also fall off the truck into the pathway of unsuspecting motorists.
- Defective trucks or parts – Commercial trucks have thousands of moving parts. A defective part can cause a crash or fail to prevent one.
Common Injuries from Truck Accidents
Truck accidents tend to cause severe injuries due to the huge disparity in the sizes and weights of the vehicles involved. Occupants in smaller vehicles may suffer injuries such as:
- Traumatic brain injuries
- Spinal cord injuries
- Nerve damage
- Internal organ damage
- Broken bones
- Torn ligaments, tendons, and muscles
- Burns
- Amputations
- Internal bleeding
- Death
After suffering a catastrophic injury of this nature, you should seek medical attention immediately so your injuries can be properly diagnosed and treated.
Who Is Responsible for a Truck Accident?
Various parties may be responsible for semi-truck accidents, including:
Truck Driver
The truck driver has a responsibility to drive the truck in a responsible manner, conduct inspections, and check loads. If the truck driver violates these duties, they may be responsible for the accident.
Trucking Company
Trucking companies are often held liable for the actions of their drivers through the legal principle of vicarious liability or respondeat superior, which holds employers responsible for the negligent actions of their employees that occur within the course of their employment. They can also be held liable for negligent entrustment of their vehicle even when the driver is not a direct employee.
Trucking companies may also be negligent through their own acts, such as:
- Failing to properly maintain their vehicles
- Hiring unqualified drivers or drivers with poor driving records
- Failing to adequately train drivers
- Encouraging or requiring drivers to violate essential safety rules, such as hours of service regulations
- Failing to conduct mandatory alcohol and drug testing
Truck Broker
Truck brokers can be held liable when they fail to meet their duty of care, such as using negligent hiring practices or exercising reasonable care when selecting a carrier.
Freight Owner
Depending on the circumstances, the owner of the freight on board the truck and the company that loaded it can sometimes be held liable for the resulting injuries.
Vehicle or Part Manufacturer
The manufacturer of a defective truck or auto part can be responsible for accidents caused by faulty parts.
Maintenance Company
Some trucking companies outsource routine maintenance to a third party. If this party negligently performed maintenance, it can be held responsible for resulting injuries.
Other Driver
Another driver may have caused or contributed to the accident.
An experienced Oklahoma City truck accident lawyer can investigate your case to determine all potentially liable parties.
What Types of Compensation Can I Recover in a Truck Accident Claim?
Oklahoma’s personal injury laws allow truck accident victims to seek compensation for the various losses they’ve suffered in an accident, including the following:
Medical Expenses
Because truck accidents tend to cause such severe injuries, your medical expense portion of your personal injury claim may be sizable. You may be able to recover compensation for the following medical expenses related to your accident:
- Emergency room visits
- Ambulance charges
- Hospital stays
- Surgeries
- Diagnostic tests
- Doctor visits
- Visits with specialists
- Medication
- Medical devices
- Rehabilitation and physical therapy costs
- Mental health counseling
You may also be able to have your ongoing medical expenses and future medical expenses paid for.
Lost Income and Earning Capacity
Oklahoma’s jury instructions provide for the award of lost wages, income, and earning capacity. Lost income is calculated by determining the amount of wages a person lost while they were seeking medical treatment or recovering from their injuries. To determine the value of reduced earning capacity, jurors consider how the injury will likely impact the victim’s earning capacity in the future. Reduced earning capacity damages are available when a personal injury victim had to work fewer hours, transfer to a lower-paying job, or switch careers. The value of these damages is the difference between the amount of income the victim was expected to earn before and after the injury.
Property Damage
Oklahoma personal injury victims can seek damages for their property loss, which might include the following:
- Total loss
- Salvage value
- Repair costs
- Diminished value
- Loss of use
- Repair or replacement of personal property
Pain and Suffering
In addition to your economic losses, you can seek compensation for your non-economic damages, including for pain and suffering. These damages include your physical and emotional pain and suffering. To determine the value for pain and suffering, jurors consider the following factors:
- The nature and severity of your injuries
- How long you suffered pain
- Any impairment or disfigurement you suffered
- The impact of your injuries on your daily life
Emotional Distress
In addition to compensation for your physical pain, you can also seek compensation for the emotional distress you’ve experienced due to the truck accident. Accident victims often suffer from PTSD, depression, anxiety, psychological trauma and/or emotional distress, and they can seek compensation for these negative experiences.
Loss of Enjoyment of Life
You can also pursue compensation for your lost enjoyment of life, which includes your lost interest or ability to participate in hobbies you once enjoyed and the overall deterioration of your quality of life caused by your injuries or impairments.
How Do State and Federal Trucking Regulations Impact a Truck Accident Claim?
In a typical car accident claim, the drivers involved generally have the same legal duties. They must follow the rules of the road and try to prevent accidents. However, trucking companies, drivers, and other parties have additional responsibilities based on state and federal laws, including requirements regarding:
- The maximum number of hours a driver can drive in a given day and when they must take breaks
- How cargo must be secured on a truck
- The weight limits for a truck
- Driver qualifications
- Mandatory drug and alcohol testing
When truck drivers and/or companies violate these rules, they may be held responsible for resulting accidents.
Contact Our Oklahoma City Truck Accident Attorneys Today for a Free Consultation
If you were injured in a truck accident, you need solid legal representation. Contact and call (405) 310-8800 Oklahoma Injury Law now to schedule your free case review.