The large 18-wheel trucks seen on Oklahoma roads help the economy run, benefiting commerce, consumers and employers alike. Their importance cannot be overlooked, nor can the size of these several-ton vehicles. Even so, collisions involving large trucks are not uncommon nationwide or in the state.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
A crash involving a large truck can lead to catastrophic and fatal injuries, usually, to the drivers and passengers of the smaller vehicles struck by these roadway giants. The causes of such crashes vary, and there are many.
Speeding, alcohol, faulty equipment
Of the more than 5,000 people who died in 2019 in large truck crashes in the U.S., 101 of the victims were killed on Oklahoma roads, according to the National Highway Traffic Safety Administration (NHTSA). The Sooner State is one of 19 states to record more than 100 fatalities related to such collisions.
There are a number of reasons that large truck accidents occur. Some of those reasons include:
- Speeding: This is one of the most common reasons for road accidents. Truckers, sometimes, are in a hurry to meet their tight deadlines. The result is that they ignore speed limits in a move that endangers other motorists.
- Reckless driving: Occasionally, truck drivers believe they are the only ones on the road, driving in whatever manner they want. Improper passing, ignoring traffic signals and excessive lane changes are among the dangerous road behaviors.
- Distracted driving: Sadly, an increasing number of motorists subscribe to this. Talking, texting and checking social media sites while behind the wheel has become more prevalent. This, though, represents dangerous behavior.
- Drowsy driving: Fatigue is not uncommon for truck drivers who work long hours as they face pressure from their employers to make their next destination on time.
- Reliance on alcohol and drugs: Truck drivers’ use of illicit drugs and alcohol continue to be an anathema, often representing a crash waiting to happen. The NHTSA reported that 2% of the large truck drivers involved in fatal semi-truck crashes were legally drunk. If you were hit by a drunk truck driver, our Oklahoma City drunk driving accident lawyers can help.
- Equipment failure: Defective parts and a poorly maintained truck may lead to serious road accidents. Problems sometimes occur in the brakes and steering of large trucks.
- Unbalanced, shifting loads: An improperly loaded trailer may cause the cargo to move and shift, causing the truck to overturn.
Safety campaigns continue to make all drivers aware of these road dangers; all of which are preventable. Remain alert when sharing the road with large trucks, especially if they are driven by irresponsible and careless people.
Legal Liability by Cause Category
Each of the major causes of large truck accidents maps to a specific category of legal liability. Speeding and hours-of-service violations implicate the driver’s negligence and the carrier’s vicarious liability — carriers have an obligation to monitor driver behavior and enforce federal rest requirements. Equipment defects — brake failure, tire blowouts, faulty coupling systems — can implicate the motor carrier’s maintenance obligations, the service contractor who last inspected the vehicle, or the parts manufacturer whose defective component failed. Impairment claims (alcohol, drugs, prescription medication) can support punitive damages when a carrier knew or should have known a driver was impaired and allowed them to operate.
Improper loading — overweight, unbalanced, or unsecured cargo — creates liability for the shipper, the freight broker who arranged the load, and the carrier who accepted and transported it. Under Federal Motor Carrier Safety Regulations, the carrier and driver share responsibility for cargo securement regardless of who loaded the vehicle. Inadequate training creates employer liability when a carrier dispatched an undertrained driver and that driver’s lack of skill contributed to the crash. Each liability source represents a defendant with its own insurance coverage — an experienced trucking accident attorney pursues all simultaneously.
What Oklahoma Victims Can Recover
The severity of injuries in large truck crashes — spinal cord damage, traumatic brain injury, crush injuries, multiple fractures, internal organ trauma — typically produces the largest categories of damages in personal injury law. Economic damages include all medical expenses (emergency through long-term rehabilitation), lost wages and future earning capacity, vehicle replacement, and in-home care costs. Non-economic damages cover pain and suffering, loss of enjoyment of life, emotional distress, disfigurement, and loss of consortium. There is no cap on non-economic damages in Oklahoma personal injury cases. Where carrier conduct was reckless — falsified logs, known equipment defects not repaired, alcohol-impaired dispatching — punitive damages are available.
Evidence Preservation and Oklahoma’s Statute of Limitations
Oklahoma gives truck accident victims two years from the crash date to file a personal injury lawsuit. The evidence that determines fault — electronic control module data, electronic logging device records, cargo manifests, maintenance and inspection histories, driver qualification files, drug and alcohol test records — has legally mandated retention periods that range from six months to several years. A preservation letter from an attorney, sent the week of retention, triggers the carrier’s legal obligation to hold all of it. Without that letter, the carrier can legally destroy records on its normal schedule. Early attorney involvement is not just about starting the legal process — it is about controlling the evidence.
Frequently Asked Questions
What if the driver was an independent contractor rather than a W-2 employee? Trucking companies frequently attempt to classify drivers as independent contractors to limit employer liability. Federal regulations impose liability on motor carriers regardless of this classification when the carrier controls dispatch and the truck bears the carrier’s DOT number. Courts regularly see through this structure.
Can I get compensation if I was partly at fault? Oklahoma’s modified comparative negligence allows recovery as long as your fault does not exceed 50%. Your award is reduced by your fault percentage — but at 0% to 49% fault, you recover.
Does Warhawk Legal handle large truck accident cases statewide? Yes — we handle truck crash cases across Oklahoma on contingency, with no fee unless we recover compensation for you.
Learn more from our contact us for a free consultation. Call us for a free case review.
Learn more from our personal injury attorney in Oklahoma City. Call us for a free case review.
If you or a loved one has been injured, contact our experienced Oklahoma City truck accident attorney at Warhawk Legal. We offer free consultations and only get paid when you win.