The aftermath of a truck accident is often devastating. The size of the truck makes for an extremely dangerous collision. If you’ve been in a truck accident in Oklahoma, you need an Oklahoma truck accident lawyer to advise on next steps of your case and handle the paperwork while you focus on recovery.
The law office of Bryan Garrett, PLLC, in Oklahoma City can help you determine who was at fault for your truck accident.
Truck Accidents vs. Car Accidents: Understanding the Differences
When trucks crash with cars, the car is usually beyond repair. The driver and any of their passengers could sustain serious injuries or even die depending on the force of impact and road conditions.
To prevent these tragedies, trucks operate under a different set of laws. They must carry specific logs, adhere to inspections, and follow hours-of-service regulations. Even if a driver practices all of these precautions, however, accidents still happen.
If you or a loved one was injured in a truck accident, you could be eligible for financial compensation from the at-fault party or their insurer. This compensation could cover your medical bills, property damage, and other related expenses. The question then becomes: who is at fault for the accident?
Evidence You Need for Your Claim
Before you can make your case, you need the proper evidence. This is proof of the accident, injuries sustained, and liability — or who is at fault.
Examples of evidence you may need include:
- Eyewitness testimony
- Log of service hours
- Truck’s maintenance logs
- Truck’s black box data
- Police reports
- Surveillance footage or photos
- Fuel receipts
- Information about the truck company’s hiring process
An experienced Oklahoma truck accident lawyer can help you collect and present these items.
Liability for Truck Accidents
While evidence remains crucial in proving you were not liable, your lawyer must also know who is liable to file the claim.
Many times, truck driver negligence is responsible for truck accidents. If they fail to follow regulations, everyone on the road could be in danger. They may fail to check their blind spots before maneuvering on the road, drive above the speed limit, not keep windows and mirrors clean, or drive recklessly.
Trucking Company Liability
Sometimes the accident wasn’t directly the fault of the driver, but the company they work for. If an employee is negligent, but the act is within the scope of their employment, the company may be liable. This is called vicarious liability.
If a truck driver is an independent contractor, you can only seek compensation from the driver, not a larger company.
Truck manufacturer liability comes into play when the truck has a defective part or parts that cause an accident. If the driver cannot operate the vehicle safely due to faulty parts, the manufacturer is to blame. In this case, it would be the manufacturer who owes you compensation.
Other Parties Liability
While the three cases discussed above are the most common, they aren’t the only possibilities in terms of liability. Exploring every option you can with your attorney is important to secure fair compensation. Loading company liability, for example, is another option. If the cargo company loaded pallets onto the truck in an unsafe manner, it can be liable.
Similarly, if another driver on the road caused the collision due to their reckless driving, they could be liable as well.
Were You Recently in a Truck Accident? Call the Law Office of Bryan Garrett, PLCC
If you or a loved one recently suffered a truck accident in Oklahoma and are seeking counsel, contact the law office of Bryan Garrett, PLCC, at (405) 972-6931 today for a free initial consultation with an Oklahoma truck accident lawyer.