When it comes to truck accidents in Oklahoma, figuring out who’s responsible can be challenging. These accidents involve more than just two cars bumping into each other.
Due to the size of trucks and the fact that multiple parties can be involved, determining liability is crucial for those who need compensation for medical bills, repairs, or lost income. Our Miami truck accident lawyer at Doney Law is here to explain.
Critical Factors in Determining Liability
Since Oklahoma is an at-fault state, the person (or company) responsible for the accident must pay for the damages.
One of the main ways to prove fault is by showing negligence. Negligence means someone didn’t take reasonable care, leading to the accident. For example, if the truck driver was speeding, tired, or distracted, they could be considered negligent.
Other factors, like bad weather or poor road conditions, can also play a role. Sometimes, the accident isn’t entirely the driver’s fault; things like brake failure or a blown tire could mean the trucking company or a parts manufacturer is responsible.
A truck accident attorney in Miami, OK, will often investigate driver behavior to see if they were doing something they shouldn’t have been, like driving under the influence or not following safety regulations.
They will also look at whether the truck was properly maintained. If something like worn-out brakes caused the accident, that could shift the blame to the company responsible for maintaining the truck.
Parties That May Be Liable in a Truck Accident
Unlike regular car accidents, where only drivers are usually involved, a truck accident can involve multiple parties. Of course, the truck driver can be liable, but it doesn’t stop there.
The trucking company may also be responsible, especially if it failed to properly train the driver or didn’t follow safety guidelines. For example, if the company pushes its drivers to work longer hours than allowed by law, that can lead to accidents caused by driver fatigue.
Third-party contractors, such as maintenance companies, can also be held liable if they didn’t perform proper inspections or repairs on the truck. And don’t forget about the cargo loading company. If the truck is not loaded correctly, it can tip over or cause the driver to lose control. In these cases, the cargo loading company could be responsible as well.
Evidence Collection and Investigation
To prove who is at fault in a truck accident, a truck wreck attorney near me will gather a lot of evidence. This can include police reports, witness statements, and dashcam footage if it’s available.
Another critical piece of evidence is data from the truck’s electronic logging device (ELD), which records how long the driver has been on the road. Maintenance records can also show whether the truck was in good working order before the crash.
Sometimes, accident reconstruction experts are brought in to determine exactly what happened. These experts use data from the crash to create a detailed picture of how it unfolded. A top-rated truck accident lawyer in Miami knows how to collect and preserve all of this evidence to build a strong case for their clients.
Shared Liability and Comparative Negligence in Oklahoma
In Oklahoma, comparative negligence laws mean that more than one party can be at fault for an accident. For example, if a truck driver was speeding but the other driver was texting and driving, both parties could share the blame.
If a person is found partially at fault for an accident, their compensation could be reduced by the percentage of their responsibility. If a court finds that a driver is 20% responsible for the accident, they might only be able to recover 80% of their damages.
That’s why it’s so important to have the best truck accident lawyer in Miami on your side to argue that your share of the blame is as small as possible.
How an Oklahoma Truck Accident Lawyer Can Help
Determining liability in a truck accident is no simple task. A no-win, no-fee truck accident lawyer in Miami takes on your case without charging you anything upfront. They only get paid if they win, so they’re motivated to get you the best possible outcome.
An experienced Miami accident lawyer will investigate every detail of your case, from the truck driver’s actions to the truck’s condition. They’ll negotiate with insurance companies on your behalf, pushing for a fair settlement that covers your medical expenses, lost wages, and any pain and suffering you’ve experienced.
If the insurance company tries to offer you less than you deserve, your lawyer can take the case to court to fight for a better outcome. In cases where liability is disputed, having a lawyer who knows the ins and outs of truck accident cases is crucial for ensuring the right parties are held accountable.
Contact Our Miami Truck Accident Lawyer Today
Truck accidents in Oklahoma are complicated, and figuring out who is responsible can be challenging. With many factors involved, like driver behavior, truck maintenance, and federal regulations, it’s important to have a skilled lawyer.
If you’ve been in a truck accident, don’t wait to get help. Contact our Miami truck accident lawyer at Doney Law today for a consultation and find out how we can help you secure the compensation you deserve.
