Fogg Law Firm
Address
421 South Rock Island,
El Reno, OK 73036
United States
Member since
1994
PBLI
PPII
Oklahoma has a traditional fault system for truck accident liability, meaning the at-fault driver – or his or her insurer – is responsible for paying the property damage, medical bills, and other damages for anyone else involved. If you suffered injuries in a trucking accident, an Oklahoma City truck accident lawyer at Fogg Law Firm can help you get the money you deserve to cover your expenses.
Because of the vast size difference between large tractor-trailer trucks, semi-trucks, and passenger cars, these accidents often leave victims with devastating injuries. While victims have the right to recover compensation for their injuries when the truck driver caused the crash, this process is often complex.
Truck accident cases are often much more complicated than the typical car accident claim because the list of possible liable parties is longer. Even when a truck driver falls asleep or a trucker drives under the influence of drugs or alcohol, typically the liability for the accident falls to the trucking company. A legal concept known as vicarious liability leaves employers responsible for their employees’ behavior while they are on the job.
In addition to the trucking company, there are other potentially liable parties depending on the cause of the accident. If a maintenance issue caused the truck accident, liability may fall on the company that provided repair and maintenance services. If defective parts led to a crash, the manufacturer may be liable for injuries.
The key to winning a truck accident case in Oklahoma is proving that another party’s negligence led to your accident and injuries. To do so, you must provide evidence that establishes that the other driver breached his duty of care to be a safe driver. This evidence may include:
If you can prove fault, Oklahoma law allows you to collect compensation to cover a range of damages, including:
Under Oklahoma’s modified comparative fault rule, a victim must prove that the liable party was at least 50 percent at-fault for the trucking accident. If the victim was partially at fault, he can still recover compensation if his fault does not exceed 50 percent; however, the insurer will reduce the settlement in proportion to the victim’s percentage of fault.
A truck accident case begins with filing an insurance claim with the insurance provider of any liable parties. Primerus recommends working with an experienced truck accident attorney after any truck accident. This is because the evidence collection process after a truck accident is different from a typical car accident.
Much of the most important pieces of evidence are in the possession of the trucking company, which can be a problem because the law only requires the companies to keep certain records for a few months before they can destroy them. A spoliation letter from your Oklahoma City truck accident lawyer forces the trucking company and other involved parties to preserve this evidence.
It is also a good idea to hire a truck accident lawyer because the defendant(s) will surely have one. A truck accident lawyer in Oklahoma can ensure you do not accidentally make any incendiary statements to an adjuster, miss any deadlines, or do anything else that could jeopardize your truck accident claim.
Once the insurance company collects and analyzes this evidence, it may offer you a settlement. This offer is usually very low, but a truck accident lawyer can negotiate for an adequate settlement. If you cannot reach a fair settlement, an Oklahoma City truck accident litigation attorney can help you file a personal injury lawsuit. This may prompt the insurer to offer a better settlement, or it will send the case to trial at an Oklahoma District Court.
An experienced Oklahoma truck accident trial lawyer at Fogg Law Firm helps victims recover the compensation they deserve after suffering injuries due to the negligence of another driver. If you suffered serious injuries in an accident caused by a truck driver, a defective part, poor maintenance, or another issue, Fogg Law Firm can help. An Oklahoma City truck accident attorney will manage all aspects of your case, from filing your initial insurance complaint to representing you in settlement negotiations or in a civil suit against the liable party.
To schedule an initial consultation or to discuss the circumstances of your truck accident, contact an Oklahoma truck accident attorney at Fogg Law Firm to determine if you have a claim.