At Doney Law, PLLC, our truck accident attorney in Tulsa, OK, is committed to fighting for your rights and helping you secure the compensation you deserve after a truck accident.
Common Causes of Truck Accidents
Truck accidents happen for many reasons, and often, they are entirely preventable. Some of the most common causes include:
- Driver Fatigue: Truck drivers often work long hours, and when they exceed legal driving limits, exhaustion can lead to deadly mistakes.
- Distracted Driving and Impairment: Using a phone, eating, or driving under the influence can impair a driver’s ability to react to hazards on the road.
- Equipment Failure: Poorly maintained brakes, tires, or other critical parts can lead to catastrophic accidents.
- Overloading or Improper Cargo Loading: When trucks carry more weight than they should or when cargo is not loaded correctly, it can shift and cause the truck to lose control.
- Weather and Road Conditions: Rain, snow, or poorly maintained roads can make driving dangerous, especially for large trucks.
Understanding the cause of your accident is a crucial step in building a strong legal case.
Types of Truck Accidents
Truck accidents can happen in several ways, each with its unique challenges and consequences.
Rear-End Collisions
When a truck crashes into the back of a smaller vehicle, the impact can be overwhelming due to the truck’s size and momentum. These accidents often result from excessive speed, driver inattention, or failure to brake in time.
Victims in smaller vehicles may suffer severe injuries such as whiplash, spinal damage, or traumatic brain injuries, with significant medical expenses and vehicle damage adding to the financial strain.
Jackknife Accidents
Jackknife accidents happen when a truck’s trailer swings out uncontrollably, creating a sharp angle with the cab. This often blocks multiple lanes of traffic, increasing the risk of multi-vehicle collisions.
The force of these accidents can leave victims with severe injuries, such as broken bones or internal organ damage, while also causing major disruptions and property damage on the roadway.
Rollover Crashes
Trucks can roll over due to sudden turns, uneven cargo distribution, or excessive speeds. These crashes are particularly dangerous because the truck’s massive weight and height can crush smaller vehicles nearby.
Rollover accidents often result in catastrophic injuries, including paralysis or traumatic brain injuries, and they leave victims with overwhelming medical bills and long-term recovery needs.
Underride Accidents
Underride accidents occur when a smaller vehicle slides underneath a truck’s trailer, often because of sudden stops or a lack of underride guards. These collisions are among the deadliest, frequently causing traumatic brain injuries or fatalities for passengers in the smaller vehicle.
Survivors often face a lifetime of physical challenges and the burden of ongoing medical treatments.
Head-On Collisions
Head-on collisions happen when a truck crosses into oncoming traffic, often due to driver fatigue, distraction, or impaired driving. These crashes are some of the most severe, frequently resulting in fatalities or life-threatening injuries such as spinal cord damage or internal bleeding.
For those who survive, the road to recovery can be long and expensive, adding significant emotional and financial burdens to an already traumatic event.
Each type of accident requires careful investigation to determine fault and ensure victims receive fair compensation.
Injuries Commonly Sustained in Truck Accidents
Truck accidents often result in serious, life-changing injuries. Victims may experience:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones and fractures
- Internal organ damage
- Severe lacerations and cuts
- Burns from collisions or explosions
- Whiplash and neck injuries
- Amputations or loss of limbs
- Chest and rib injuries
- Emotional trauma, including PTSD
These injuries highlight the importance of seeking legal help from a Tulsa truck accident lawyer to pursue the compensation you need for recovery.
Liability in Tulsa Truck Accidents
Determining liability in truck accident cases often involves examining multiple parties. Potentially at-fault parties include:
- Truck Drivers: Negligence, such as distracted driving or speeding, is often a contributing factor.
- Trucking Companies: Companies may be held accountable for overworking drivers, failing to maintain vehicles, or improperly training employees.
- Maintenance Companies: Third-party companies responsible for vehicle upkeep may be liable if poor maintenance contributed to the accident.
- Manufacturers of Defective Parts: If faulty brakes or tires caused the crash, manufacturers could be held responsible.
Oklahoma’s comparative negligence laws mean that even if you share some fault, you may still recover damages, though your compensation may be reduced based on your percentage of responsibility.
Understanding Federal Trucking Regulations
Federal trucking regulations are in place to help keep our roads safer, especially when it comes to large commercial trucks. The Federal Motor Carrier Safety Administration (FMCSA) sets these rules, which cover everything from how long truck drivers can stay behind the wheel to how often trucks need maintenance checks. For example, hours-of-service rules limit how many hours a driver can work without rest, reducing the risk of fatigue-related accidents.
Additionally, trucks must meet strict safety standards, including regular inspections and properly functioning equipment like brakes and lights. When trucking companies or drivers fail to follow these rules, the consequences can be devastating. These violations not only put others at risk but can also strengthen a victim’s claim in an accident case.
The Claims Process for Truck Accidents
Filing a truck accident claim is a step-by-step process that helps you get the compensation you need for your injuries and damages. Each step is important because it builds your case and ensures you’re treated fairly. Here’s why these steps matter:
Filing Insurance Claims
The first step is letting the insurance companies know about the accident and starting the claims process. This is important because it officially begins your case and records your situation with the companies responsible for paying your compensation.
Without notifying the insurers, you might miss deadlines or lose your chance to get the money you need to cover medical bills and damages.
Investigating the Accident
Investigating what happened during the accident is crucial for determining who is at fault. This involves gathering evidence such as photos, videos, witness statements, and police reports.
Working with experts, like accident reconstruction specialists, can also help prove what caused the crash. This step strengthens your claim by clarifying who should be held responsible.
Negotiating Settlements
Many cases are settled before going to court by negotiating with insurance companies or trucking companies. This step is important because it’s your chance to agree on fair compensation without the stress of a trial.
However, insurance companies often try to pay less than you deserve, so having a lawyer ensures you don’t get shortchanged.
Pursuing Litigation
If negotiations don’t lead to a fair deal, filing a lawsuit may be necessary. This step is important because it shows you’re serious about getting the compensation you need. Sometimes, just filing a lawsuit can encourage the other side to offer a better settlement, but if it doesn’t, your lawyer will fight for you in court to ensure justice is served.
A no-win, no-fee truck accident lawyer in Tulsa will handle these steps on your behalf, so you can focus on your recovery.
Compensation You May Be Entitled To
Victims of truck accidents may be eligible for various types of compensation, including:
- Medical expenses
- Lost wages
- Rehabilitation costs
- Property damage
- Pain and suffering
- Emotional distress
- Loss of earning capacity
- Future medical care
- Loss of enjoyment of life
- Punitive damages in extreme cases
Securing fair compensation is essential for covering the full extent of your losses and rebuilding your life after an accident.
Challenges in Truck Accident Cases
- Dealing With Trucking Company Tactics: Trucking companies and their insurers may attempt to downplay their role or shift blame to avoid liability.
- Understanding Complex Laws: Federal and state trucking regulations can be difficult to understand, making legal guidance invaluable.
- Proving Liability: Gathering evidence and demonstrating fault can be difficult when multiple parties are involved.
A top-rated truck accident lawyer in Tulsa can help you overcome these challenges and pursue the justice you deserve.
Frequently Asked Questions
Victims of truck accidents often have several questions regarding their rights and options. Here are some of the most common.
How long do I have to file a truck accident claim in Oklahoma?
Oklahoma law gives you two years from the date of the accident to file a personal injury claim. Acting quickly ensures that evidence is preserved and your rights are protected.
What if I was partially at fault?
Under Oklahoma’s comparative negligence laws, you can still seek compensation if you share some fault. However, your settlement may be reduced by your percentage of responsibility.
How much does it cost to hire Doney Law, PLLC?
We work on a contingency fee basis, meaning you don’t pay unless we win your case.
Call Our Tulsa Truck Accident Lawyer
If you’ve been injured in a truck accident, don’t wait to seek help. Contact Doney Law, PLLC, today to schedule a free consultation with our Tulsa truck accident lawyer. Let us fight for your rights and help you secure the compensation you need to move forward.
