Truck Accidents are Different
A regular car accident can cause serious injuries in and of itself. When an accident occurs because the driver of a truck or other large vehicle is acting negligently behind the wheel, the injuries to passengers, pedestrians, and other drivers can be catastrophic. These injuries can include head trauma, broken bones, spinal cord injuries and severing, and death. Liability and damages can be complicated in these cases. When a person is injured as a result of a truck accident, these cases with their serious injuries deserve the help and attention of an experienced Oklahoma City truck accident attorney.
Truck Accidents are Common
In 2011 alone, there were nearly 400 crashes every month statewide in Oklahoma, and 76 of these were fatal. Injuries can often be catastrophic due to the size and weight of the trucks involved. This can require a lifetime of medical treatment and bills An experienced Oklahoma City truck accident lawyer is well-versed in the mechanics and injuries involved in these types of accidents and can help you recover financially after an accident.
Law Governing Truck Accidents
Federal and state laws cover interstate truckers. Determining fault in a trucking accident can be difficult.
The gravamen of these cases is rooted in negligence. In order to prove a negligence claim, the injured party must prove that the truck driver owed the injured party a duty, that the truck driver breached that duty, and that damages occurred as a result of that breach. In Oklahoma, every person driving upon the roadways owes a duty of due care to the other drivers and passengers on that roadway.
The issue of breach of that duty can be found in such things as driving when tired, load shifts due to improper loading, driving when distracted, changing lanes when it is unsafe to do so, driving too close to the car in front, and the like. These are all considered to be driver errors. Because of the sheer size and weight of the trucks involved, a truck driver must take extra precautions to prevent accidents.
In addition, commercial drivers, including truck drivers, must adhere to all rules and regulations for commercial trucking. Some of these rules and regulations are governed by the State of Oklahoma and some are governed by federal law. This includes such things as limitations on the number of hours that a driver may drive without a period of rest.
The Federal Motor Carrier Safety Administration (FMCSA) governs certain commercial drivers who drive big rigs weighing 10,001 pounds or more, are transporting hazardous material, or are being paid to transport nine or more passengers. Drivers are limited in the number of hours they can drive before taking a rest period. They are also limited in the number of hours that they may drive in a 7-8 day period.
These rules are meant to prevent accidents due to fatigue or falling asleep behind the wheel. If an accident occurs due to fatigue brought on by breaking one of these regulations, then liability is easier to prove. In essence, the plaintiff does not need to prove a breach of duty. This is called negligence per se. An experienced OKC truck accident attorney knows the regulations that may apply to your particular situation and can help you recover against the culpable truck driver.
Liability may also adhere to the truck owner when the accident is caused by a mechanical problem, such as failing brakes, or part manufacturers when a tire or other part malfunctions. Liability can even extend to manufacturers of tires and the like if they are involved in an accident. Thus, a number of defendants may be involved in your case. All potential defendants must be identified, and their liability investigated.
Proof of liability can be tricky. It can come from the drivers’ logs, maintenance records for the truck, and eyewitness or expert testimony. A truck accident attorney in Oklahoma City can help investigate and gather evidence that may prove crucial to your case.
Free Consultation: Oklahoma City Truck Accident Attorney
These cases are often complicated with complex liability and damages issues. You pay nothing for our representation in personal injury cases until we get you the compensation you deserve. Give us a chance to see what we can do to help you. A call to the Personal Injury Law Office of Oklahoma City costs you nothing, but the information you receive could be invaluable.
For a free, no-risk consultation with a knowledgeable Oklahoma City truck accident attorney, call today: (405) 716-4878 (716-HURT).
If you prefer, you may send your question via e-mail using the form at the top right of this page. We’ll get in touch with you as soon as possible. Don’t wait another minute to find out what you may be owed. Call the Personal Injury Law Office of Oklahoma City today!