Truck Accident Attorneys in Canadian County, Oklahoma
Truck accidents can have devastating consequences due to their size and weight compared to the smaller vehicles they share roads with every day. Truck accidents are not a rare occurrence on the roads of Oklahoma. According to the Oklahoma Highway Safety Office, there are about 5,000 truck accidents across the state every year. That’s about 13 truck crashes every single day.
If you or someone you love was involved in a truck accident in Canadian County or surrounding areas in Oklahoma, our attorneys at The Handley Law Center can help. Our truck accident attorneys in Canadian County provide aggressive and compassionate legal representation to victims of truck accidents and their families in Blaine, Caddo, Custer, and Kingfisher Counties. Set up a consultation with our team to get started.
Laws Affecting Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) is responsible for regulating all aspects of commercial trucking operations. The FMCSA sets strict standards for both drivers and trucks alike. For example, maximum hours-of-service regulations limit the number of hours that a driver can be on duty without taking a break or sleeping. There are also restrictions placed on the weight of a truck’s load, as well as its overall length and width. These regulations exist to keep everyone safe while using public roads and highways - not just those driving large trucks.
These federal regulations also apply to trucks and trucking companies in Oklahoma. In addition to the federal regulations, you should also be aware of several state-specific laws that might affect your truck accident. In Oklahoma, these laws are:
Comparative negligence. Oklahoma is a modified comparative negligence state. If you are partially at fault for causing your accident, you can still recover damages, but your compensation will be reduced in proportion to your degree of fault. However, you will be barred from recovering damages if you are more than 50% responsible for the accident.
Statute of limitations. Oklahoma law gives injured victims two years to file personal injury lawsuits following motor vehicle accidents, including truck crashes. If you do not bring a lawsuit within two years, you will be barred from suing the at-fault party to seek compensation.
There may be other laws that could potentially affect your ability to seek compensation after a truck accident, so it’s important to consult with an experienced attorney to learn more.
When it comes to determining liability after an accident involving a commercial truck, it’s important to understand who might be at fault. Depending on the circumstances of the crash, liability could fall on any number of parties, including:
Truck driver. The most obvious person who might be liable for a truck accident is the driver. If it can be proven that the driver was negligent, either by being distracted or by driving recklessly, then they may be held liable for any damages that occurred as a result.
Truck company. The company responsible for operating the truck might also be held liable if it can be proven that they were negligent in their hiring practices (hiring drivers who are unqualified) or if they failed to properly maintain their vehicles. Additionally, if it can be proven that the company forced its drivers to operate beyond legal limits (such as hours on duty or mileage limits), then they might be held accountable for any resulting accidents.
Truck manufacturer / parts manufacturer. If defective parts caused an accident, then the truck manufacturer and/or parts manufacturer may be held liable depending on which part was found to have been defective. This could include things like brakes, tires, or other safety systems like airbags or seatbelts.
Individual / company responsible for loading the truck. If it can be proven that an individual or company loaded the truck incorrectly, such as exceeding weight limits or failing to secure items properly during loading/unloading procedures, then they may also face liability for any resulting accidents due to their negligence.
Maintenance personnel. Finally, maintenance personnel might also face liability if it can be proven that they failed to perform proper maintenance procedures on the vehicle prior to an accident occurring due to neglecting necessary repairs or not following safety protocols when performing routine maintenance checks.
In some cases, multiple parties may be liable for damages caused by an accident with a commercial vehicle. In that case, Oklahoma’s comparative negligence law would be used to determine who pays for damages. Our experienced truck accident attorneys in Canadian County, Oklahoma, can help determine who is responsible and ensure you are in position to seek fair compensation.
Filing a Claim for Compensation After a Truck Accident
If you have been involved in a truck accident, you can file a claim for compensation in any of the following scenarios:
Filing a personal injury claim if you are the victim. The first step is to seek medical attention, even if you don’t think you have been seriously injured. Once you have seen a doctor, you will need to gather evidence to support your claim. This includes things like police reports, witness statements, photos of the accident scene, and your medical records. Contact an attorney to help you with gathering evidence and filing your claim.
Filing a personal injury claim on behalf of your incapacitated loved one. If your loved one was involved in a truck accident and is now incapacitated, you will need to file a personal injury claim on their behalf. You will also need to gather evidence to support the claim. You can contact an attorney for assistance with your claim.
Filing a wrongful death lawsuit if your loved one died. If your loved one died as a result of the truck accident, you may be able to file a wrongful death lawsuit against the responsible party. To do this, you will need to gather evidence that proves that the death was caused by the accident and that the responsible party is at fault. This evidence may include things like medical records and eyewitness accounts.
An experienced attorney can help guide you through the process of filing a claim for compensation and ensure that your rights are protected every step of the way.
How a Truck Accident Attorney Can Help
If you have been injured in an accident involving a commercial truck, contacting an experienced attorney should be your first step toward getting justice and compensation for your losses.
A skilled personal injury attorney will investigate all aspects of your case including reviewing medical records, obtaining witness statements from other drivers involved in the crash, and even examining cell phone data if necessary to uncover any potential negligence or wrongdoing that contributed to your accident. The goal of the investigation is to determine liable parties.
Furthermore, your attorney will also handle negotiations with insurance companies so you don’t have to worry about dealing with them directly during this difficult time in your life and can focus on your recovery instead.
Truck Accident Attorneys in Canadian County, Oklahoma
Being involved in a truck accident can be a stressful and confusing experience. You may have a lot of questions and may not know where to start. If you or your loved one was involved in a truck accident in Canadian County, Oklahoma, or surrounding counties, our attorneys at The Handley Law Center are here to help. We are committed to fighting for justice and your rights. Contact our office to schedule a consultation.