If you or a loved one has been involved in a truck accident in Moore, Oklahoma, finding the right legal representation is very important. At Warhawk Legal, we understand the profound impact such accidents can have on your life. That is why we are dedicated to securing the compensation and justice you deserve.
Call a Moore accident lawyer at Warhawk Legal today at (405) 397-1717. We offer a free and confidential case evaluation to help you navigate these challenging times. Let us be your advocate and legal guide through the legal process.
Why Choose Warhawk Legal?
Choosing the right legal team is important after being involved in an accident with a truck. Our Moore truck accident lawyers stand out for the following reasons:
- Our unwavering commitment to our clients
- Our deep understanding of the law governing truck accidents in Oklahoma; and
- Our proven track record of securing favorable outcomes for our clients.
In addition, our personalized approach ensures that each case receives the dedicated attention it deserves.
At Warhawk Legal, you are not just a case number; you are a part of our community, and our injury lawyers in Moore will fight tirelessly to protect your rights and interests.
Common Causes of Truck Accidents in Oklahoma
According to the most recent data from the Oklahoma Public Safety Office, there were more than 5000 accidents involving large trucks in Oklahoma in 2021, resulting in more than 1300 injuries and almost 99 fatalities. Truck accidents often stem from various factors, each contributing to the risk and severity of the accident:
- Distracted driving: including phone use or other in-cab distractions.
- Driver fatigue: exacerbated by long hours on the road.
- Speeding: compromising the driver’s ability to react in time to avoid a collision.
- Improper loading: leading to unbalanced or shifting cargo.
- Equipment failure: such as brake malfunctions or tire blowouts.
Identifying the cause is fundamental to building a strong legal case against the responsible party(s).
Types of Trucking Accidents
Truck accidents vary, each with distinct implications for the truck accident case at hand:
- Rear-end collisions: where a truck crashes into the vehicle in front of it.
- Jackknife accidents: characterized by the trailer folding into the cab, forming an acute angle.
- Rollovers: where trucks flip over onto their sides or roofs.
- Side-impact collisions: often occurring at intersections.
- Underride accidents: where smaller vehicles slide underneath a truck.
Understanding the type of truck accident can assist you and your lawyer with identifying the likely cause and the party or parties responsible.
Why are Truck Accident Cases Different from Other Motor Vehicle Accident Cases?
Truck accidents are notably distinct from other motor vehicle accidents for several reasons:
- The severity of injuries tends to be greater due to the trucks’ size and weight.
- Legal complexities are involved, including federal and state regulations specific to the trucking industry.
- Multiple parties may be liable, from the truck driver to the trucking company, and even cargo loaders.
These differences underscore the importance of obtaining experienced Moore auto accident attorneys to assist you with pursuing your truck accident claim successfully.
What Trucking Regulations May Have an Impact on My Oklahoma Truck Accident Case?
Federal and state trucking regulations, such as the Federal Motor Carrier Safety Administration (FMCSA) regulations, play a pivotal role in truck accident cases. These regulations include things like:
- Hours of service regulations, limit the number of hours a driver can operate a vehicle without rest.
- Weight limits for vehicles to prevent overloading.
- Maintenance requirements to ensure trucks are in safe operating condition.
- Training standards for drivers.
Any violation of these regulations can significantly increase the likelihood that you will succeed in your truck accident case, highlighting the importance of an attorney familiar with these laws.
What Damages Are Available in a Moore Trucking Wreck Case?
The amount and type of damages available in a trucking wreck case depend on the specific facts surrounding each accident. Generally, in a successful Moore trucking wreck case, a victim may be able to recover compensatory damages and, in rare cases, punitive damages.
Compensatory damages are intended to compensate a victim for their losses and costs. There are two types of compensatory damages – economic and non-economic.
Economic damages compensate the injury victim for all financial losses incurred because of the accident.
Many times, trucking accident victims need long-term medical care and may need assistance with daily tasks. Expenses such as hospital and doctor visits, rehabilitation, therapy, in-home care, and other current and future necessary medical expenses are recoverable in a successful trucking wreck case.
In addition to medical expenses, current and future lost wages and income are recoverable economic damages. If a victim misses work or is unable to return to work, the lost income caused by their injuries is added to their economic damages.
Property damages for the cost of repairing or replacing your vehicle and personal property damaged in the accident are recoverable. Additionally, any other current and future necessary expenses or losses caused by the truck accident should be recoverable.
Non-economic damages compensate the victim for subjective and not easily calculated damages, such as pain and suffering, mental and emotional distress, loss of enjoyment of life, scarring and disfigurement, and other intangible losses and damages.
Being injured in a truck accident may have long-term emotional and psychological effects, including post-traumatic stress disorder (PTSD), depression, and anxiety. The physical injuries suffered and their impact on the victim’s quality of life may also cause extreme suffering and can impact the victim’s relationships with their family.
Non-economic damages are not easily quantified, but they can be even more devastating than the economic damages a victim suffers.
At Warhawk Legal, we often consult medical and economic experts to help accurately calculate all current and future damages to maximize client compensation.
Punitive damages, also called exemplary damages, are intended not to compensate the victim but to punish the wrongdoer and deter similar future behavior. A jury only awards this type of damages in rare cases.
Oklahoma Statutes §23-9.1 outlines when punitive damages are appropriate, which includes when the jury finds by clear and convincing evidence that the defendant has been guilty of reckless disregard for the rights of others, has acted intentionally and with malice towards others, or when conduct by an insurer reaches a certain level of bad faith and unfair dealing.
Who Can Be Held Liable for a Trucking Accident?
The parties who can be held liable for a truck accident depend largely on the cause of the wreck. Our Moore motorcycle accident attorney conducts an exhaustive investigation of every accident to identify all possible causes and potentially liable parties.
Some parties who may be held liable for a trucking accident include:
- The driver of the truck.
- The trucking company.
- The truck owner.
- A negligent truck maintenance company.
- Another driver.
- The manufacturer of a defective part or equipment.
- A government entity was responsible for negligently maintained roads.
- The cargo loading party.
- Shippers.
- Freight brokers.
- A negligent driver screening agency.
How To Prove Liability for a Truck Accident
In trucking accident cases, there are often multiple liable parties. An experienced Moore truck accident attorney knows how to investigate the accident and gather evidence to support the claim against each defendant.
The insurance companies will work hard to deny liability and to settle a claim for much less than it is worth. At Warhawk Legal, we know how to deal with insurance companies’ unfair tactics and hold the at-fault parties responsible for paying the full value of our client’s claim.
Most truck accident cases are based on negligence. Negligence means that a party failed to take reasonable care to avoid causing injury to another party.
To prove negligence in Oklahoma, you must establish the existence of four elements:
- Duty of Care. The defendant owed the plaintiff a duty of care. All motorists have a duty of care to operate their vehicles with reasonable care to avoid harming others.
- Breach of Duty. The defendant must have breached the duty of care by their actions or inactions. For example, if a truck driver ran through a stop sign and crashed into another vehicle, they likely breached their duty of care to operate their vehicle with reasonable care to avoid harming others.
- Causation. The defendant’s actions or inactions caused injury or harm to the plaintiff. It is not enough to prove that the truck driver ran through the stop sign. You must prove that the truck driver running through the stop sign is what caused your injury.
- Damages. You suffered actual damages or loss. You must prove that the accident caused by the defendant’s breach of duty resulted in you being harmed or damaged.
The Warhawk Legal attorneys have the experience, skills, and resources to prove the liability of each defendant in your trucking accident case.
What Evidence Do You Need for a Successful Moore Semi-Truck Accident Claim?
The type of evidence you need for a successful Moore semi-truck accident claim can vary. Some of the most common types of evidence we use in a truck accident case include:
- Police reports.
- Photographs and video footage taken at the scene of the accident.
- Security camera footage from nearby residences and businesses.
- Dashcam footage.
- Information from the event data recorder (black box).
- The driver’s cell phone records.
- The driver’s personnel file.
- Eyewitness testimony.
- Expert witness testimony, such as from an accident reconstructionist.
- Driver logs.
- Maintenance records.
- The truck company’s hiring and training practices.
- Medical records.
- Medical expert witnesses.
- Economic experts to help value current and future losses.
- Income tax returns and pay stubs.
The evidence we use varies depending on the facts of each case. Our attorneys look into every aspect of your accident and the facts surrounding liability to build your strongest case.
How Long Do I Have To File a Truck Accident Claim in Moore?
A statute of limitations sets the filing deadline for personal injury claims in Oklahoma. In Moore, the statute of limitations for most truck accident claims is two years. However, if your claim is against a government entity, you have a much shorter filing deadline.
If you miss your deadline, you will not be able to recover compensation for your damages.
There are exceptions to the two-year filing deadline. You must promptly consult an experienced Moore truck accident attorney to understand your filing deadline.
In addition to needing to understand how long you have to file your claim, you should act fast to help preserve vital evidence. Over time, evidence can be destroyed, lost, or diminished.
Our attorneys work fast to identify and collect the evidence needed to build your strongest case. The sooner you contact us, the sooner we can help you recover the compensation you deserve.
Why is it Important to Hire an Experienced Truck Accident Lawyer for Your Truck Accident Case?
Navigating a truck accident case requires a lawyer with specific experience for the following reasons:
- Complex Regulations: The intricate web of federal and state trucking laws demands knowledgeable interpretation.
- Investigation and Evidence: Building a compelling truck accident case requires gathering detailed evidence and understanding trucking industry practices.
- Negotiating with Insurers: Trucking companies and their insurers are well-equipped legally and financially, making skilled negotiation essential.
An experienced truck accident lawyer in Moore brings the necessary experience to address these challenges, aiming for the best possible outcome for the victim. We are ready to answer all your questions during your free consultation with our accident lawyer.
How Our Moore Truck Accident Lawyers Can Help
At Warhawk Legal, we are committed to supporting our clients through every step of their truck accident claim. Our approach includes:
- Conducting thorough investigations to uncover all contributing factors and liable parties.
- Navigating the legal complexities to ensure compliance with relevant regulations and maximizing your claim’s potential.
- Negotiating with insurers to achieve a fair settlement, and preparing for trial if necessary to secure the compensation you deserve.
- Ensuring your lawsuit is filed within the required timeframe: According to Oklahoma Statute §12-95, you have only two years to investigate your claim, gather evidence, and initiate a lawsuit.
Our team is dedicated to providing you with personalized attention, leveraging our experience to advocate for your rights and well-being at every step of the process.
Schedule A Free Consultation With A Moore Truck Accident Lawyer
If you have been involved in a truck accident in Moore, Oklahoma, do not navigate this difficult time alone. Call Warhawk Legal today at (405) 397-1717 or complete our intake form to schedule a free consultation. Our experienced legal team is ready to evaluate your case, offer invaluable legal advice, and outline the next steps toward recovery and justice. Let us be your ally in seeking the compensation you deserve.