Tulsa Truck Accident Lawyers
Truck Accident Lawyer in Tulsa
As a center of commerce and hub of the American oil industry, Tulsa sees significant commercial truck traffic every year. The high volume of large trucks passing through our city also means Tulsa sees a high volume of truck-related accidents annually. According to the Oklahoma Highway Safety Office, there were 7,968 accidents in Tulsa in 2021, and within Oklahoma, 5,575 total large truck crashes occurred, taking the lives of 112 people.
2021 is not the exception to the rule, in this way. These high numbers of traffic violence are directly related to the fact that commercial trucks are large and difficult to control and maneuver. Because these trucks can weigh up to 80,000 pounds, when these tractor-trailers crash, the result is often more devastating and damaging.
If you or a loved one have been involved in a truck accident in Tulsa, Green Country, or the surrounding area, it’s essential to seek legal help from an experienced Tulsa truck accident lawyer. Working with an Oklahoma attorney who only handles truck crash claims can determine if you get the justice and compensation you deserve.
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What Types of Truck Accidents Happen in Tulsa?
Tulsa, Oklahoma, witnesses a variety of trucking accidents each year. Similar to standard vehicle collisions, trucking accidents can result in head-on collisions, side impacts, or rear-end crashes. However, the unique size, weight, and design of semi-trucks mean these eighteen-wheelers can also cause a broader range of accidents.
For instance, tractor-trailers can jackknife or rollover, impacting other vehicles and shutting down traffic. Jackknife accidents occur when the driver loses control, causing the truck's trailer to swing out and form an "L" or "V" shape with the cab. Moreover, crashes resulting from falling cargo or unsecured loads are also dramatically more common with big rigs and other types of commercial motor vehicles.
Additionally, because of the height difference between most commercial vehicles and standard sedans or SUVs, side-impact and rear-end crashes often lead to what is called an underride crash. In these semi crashes, the smaller vehicle slides under the truck, often becoming trapped and resulting in fatalities or severe brain injuries for the passengers inside.
Regardless of how an accident occurs, the results are often catastrophic when one or both of the vehicles involved in a crash are large trucks.
Where Do Fatal Truck Accidents Occur in Oklahoma?
Dive into the truck crash fatality data map, brought to you by the Institute for Safer Trucking, to see where and why fatal truck accidents happen in Oklahoma.
This easy-to-use map shows you where fatal truck accidents occur in Oklahoma and lets you explore crash trends. It's designed to help everyone -- from policymakers to Tulsa residents -- understand dangerous areas and common safety issues and work towards making them safer. Use this tool to spot trends and support efforts to reduce truck accidents on Oklahoma’s roads.
What are the Common Causes of Tulsa, Oklahoma Truck Accidents?
Semi-trucks driving through Tulsa, carrying a full cargo load, can weigh up to 80,000 lbs. This massive load makes it challenging for drivers to quickly stop or turn while maintaining vehicle control, often leading to accidents.
Unfortunately, many motor carriers place extreme pressure on their drivers to engage in unsafe driving behaviors to maximize profits. This can lead to truck drivers driving over their hours, skipping breaks, or ignoring maintenance, inspections, and proper cargo loading procedures.
The long hours on the road can also lead drivers to drive under the influence of drugs and alcohol or drive while using their phones --or other electronic devices --that could pull their attention from the road. According to the Federal Motor Carrier Safety Administration (FMCSA), speeding was the most common cause of fatal truck accidents and distracted driving was the second most common cause in 2021.
If you were involved in a trucking accident, whether it was caused by driver negligence, driver fatigue, drunk or distracted driving, an unsecured load, speeding, or improper maintenance, it’s crucial to speak with an experienced Tulsa truck accident lawyer immediately after the accident to protect your rights.
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The Law Firm for Truck Safety’s truck accident attorneys are here to help you find answers, pursue justice, and receive the compensation you deserve.
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What You Need to Know about Tulsa Trucking Laws
The Federal Motor Carrier Safety Administration (FMCSA) sets national standards for the operation of large commercial vehicles through the Federal Motor Carrier Safety Regulations (FMCSRs). For example, FMCSR laws lay out Hours-of-Service regulations, prohibit driving a truck for more than 11 consecutive hours, and require a 30-minute break after 8 hours of driving.
The FMCSRs also guide proper hiring, supervision, required knowledge and skills, safe hazardous material transport, the number of hours a driver can work weekly, and off-time between shifts.
Beyond regulations around driving hours, the FMCSA also sets standards for inspection, repairs, and maintenance, cargo weight limits, and the proper ways to secure loads to prevent trucks from rolling over. Any violation of these rules on the truck driver's part may indicate negligence on behalf of the truck driver or trucking company and may mean you have a viable Tulsa truck accident case.
Meet Our Oklahoma Truck Accident Legal Team
As a leader among Oklahoma plaintiff personal injury law firms, The Law Firm for Truck Safety stands out as one of the few firms in the nation to focus solely on trucking law and truck accident injury claims. Led by Managing Partner and esteemed Oklahoma truck accident attorney Joe Ervin, our legal team has handled cases in 66 of Oklahoma's 77 counties.
Our firm focuses exclusively on trucking injury cases, enabling us to offer unparalleled expertise and support to truck accident survivors in Tulsa, Green Country, and across the state.
We dedicate our extensive experience and resources to helping our clients heal and recover. We provide comprehensive support both inside and outside the courtroom to ensure they can lead lives of dignity, respect, and hope.
Types of Compensation Available for Your Tulsa Truck Accident Lawsuit
After your semi-truck wreck, a Tulsa truck accident lawyer can help you get compensation for economic and non-economic damages. This is true whether you were injured or if a loved one has been taken by a fatal truck accident in Tulsa. When working with a specialized Tulsa truck accident attorney, settlements and verdicts can be substantially more than if a general personal injury attorney were to handle your claim.
Some of the more common costs for which you can seek compensation include:
Economic Costs
- Medical bills (past and future)
- Rehab bills
- Permanent disability
- Lost wages
- Funeral and burial costs
- Property loss
- Legal expenses
- Childcare costs
Non-Economic Costs
- Pain and suffering of both the victim and family members
- PTSD
- Disfigurement
- loss of consortium
- Loss of quality of life
- Loss of household support
- Loss of parental guidance
Proving Liability and Negligence in Tulsa Area Truck Accident Cases
Very often, the initial insurance settlement that is offered to victims is incredibly low and unfair. When this happens, an experienced Tulsa truck accident attorney will recommend taking the case to court.
Even if you do not wish to have a trial, working with a truck crash law firm with a record of trial experience allows you to negotiate an out-of-court settlement from a position of strength.
In an Oklahoma truck accident lawsuit, the plaintiff must prove negligence by the defendant(s). Though it might seem obvious to name the driver as the only defendant, truck accident cases are complex and often have multiple defendants named. They can include:
- The driver: The driver is at fault if they were driving while fatigued, drunk, or otherwise impaired, texting or distracted while driving, failing to perform regular maintenance or properly secure their cargo, speeding, and for many other reasons.
- The trucking company: The trucking or logistics company can be found liable in certain cases. For instance, if they hired unqualified drivers or drivers with a bad record, if they failed to train drivers, if they failed to schedule enough rest time for drivers or incentivized them to skip their scheduled rest times, or if they failed to maintain their fleet, they could be found partially liable for the crash.
- Parts manufacturers: When a mechanical failure caused the crash or the manufacturer of the truck or truck part failed to conduct appropriate testing or knew the part was faulty but didn’t recall it, they could also be found liable.
- Maintenance crews: Many trucking companies outsource maintenance to a third party. If that business failed to catch and resolve an issue, the maintenance company could be found at fault for the crash and any damages caused by it.
- Third-party partner: Depending on the circumstances surrounding your crash, several other third-party companies could be named in your lawsuit. For instance, if your crash was caused by an unsecured load and someone other than the driver loaded the vehicle, they could also be at fault.
Once you’ve worked with an experienced truck accident attorney to determine who you are naming in your lawsuit, you’ll need to build a case that shows negligence by the trucking defendants. To establish negligence in Oklahoma, you must prove four things:
- The defendant owes a duty of care to protect the plaintiff from injury.
- The defendant breached that duty.
- The plaintiff suffered damages.
- That breach caused the plaintiff’s harm.
Proving negligence and determining how many parties are liable requires extensive experience, especially when the trucking company will be fighting hard to prove that there was no negligence on their part.
How Can a Tulsa Truck Accident Lawyer Help?
Because the damage in truck accidents is more extensive, they are more costly for insurance companies. That means insurance companies fight hard to avoid paying these exceptionally large claims.
The defense attorneys who work for both insurance companies and trucking companies are highly skilled at these types of legal battles and they excel at finding ways for their companies and drivers to avoid responsibility.
To take on these trucking and insurance giants, you’ll need an attorney with extensive knowledge and experience in truck accident cases in Oklahoma. Your attorney can help you prove negligence on the part of the defendant and help you collect evidence for your case. This can include the driver’s logbook, maintenance records, medical reports, police reports, dashcam footage, and the driver’s cell phone records. They can also help you collect eyewitness accounts and establish a narrative that tells the most comprehensive and compelling story to win over the jury.
Depending on the circumstances around the accident, a truck accident lawyer may also enlist the help of medical and forensic experts or crash recreation teams.
What Should I Do if I am Involved in a Truck Accident Near Tulsa?
Getting into a trucking accident is incredibly overwhelming, especially if you’re dealing with traumatic injuries or the loss of a loved one. Immediately after an accident, you must seek emergency medical assistance if you think you need it. If you don’t need immediate assistance, follow these critical steps:
- Take photos: Representatives from trucking companies are often on the scene of an accident almost immediately after it occurs. They will attempt to clean up the wreckage as quickly as possible to impede your efforts to show what happened. If you’re physically able, take photos of the scene and both vehicles (including any identifying markings, numbers, or plates) immediately after a crash.
- Exchange contact information with the driver: Much like in standard vehicle crashes, exchange insurance and contact information with the other driver (provided you’re both well enough to remain at the accident scene).
- Collect witness contact information: If others at the scene saw the accident, ask if they are willing to provide their contact information and have them record or write their statement if you’re able. You should also encourage them to speak with law enforcement or emergency personnel at the scene to document what they witnessed.
- See a medical professional: Not all injuries from an accident are immediately apparent, and your shock may be covering up some of the pain that will hit you later. It’s wise to get checked by a medical professional who can ensure you don’t have any injuries or medical issues caused by the crash.
- Call a Tulsa truck accident lawyer: Insurance and trucking companies will likely contact you shortly after the crash to offer you a less-than-fair settlement. Don’t take this offer until you’ve spoken with an experienced truck accident lawyer who can tell you what a fair settlement will look like.
Truck Accident Statute of Limitations in Tulsa, OK
The statute of limitations on truck accidents in Tulsa, Oklahoma is two years. That means, in order to take your case to court, you must file a lawsuit within two years of the date of the accident, unless unique circumstances apply.
Trucking cases can take significant time to prepare, so it’s in your best interest to contact a Tulsa truck accident law firm as soon as possible after your accident to ensure you get the justice you deserve.
Oklahoma Truck Accident Attorneys Near You, Representing Tulsa Truck Accident Survivors
If you or a loved one have been affected by a truck accident in Tulsa or elsewhere in Oklahoma, you deserve an experienced truck accident lawyer in your corner, fighting for your rights.
At The Law Firm for Truck Safety, truck accident cases are all we do. No other law firm in the nation has as many NBTA board-certified truck accident lawyers nor personal injury attorneys with Class A commercial driver's licenses. These unique certifications, experiences, and insights, give our team direct insights into the rules, regulations, and standards of care to which truck drivers must adhere. That, combined with our extensive trial experience and truck safety expertise, allows us to uncover critical case facts in a way Tulsa law firms simply can’t.
If you or someone you love has been involved in a truck accident, contact The Law Firm for Truck Safety today for your free, no-obligation case consultation, and feel confident that you and your family’s rights are protected and your story is handled with the care compassion it deserves.
CALL TODAY: (800) 628-4500
