More and more large trucks are causing fatalities every year, according to the National Highway Traffic Safety Administration. The unfortunate fact about truck accidents is that the majority of them result in permanent injury and death due to their size and weight, according to the National Injury Safety Council. Truck accidents are not only physically harmful but mentally traumatic, affecting victims’ families, the companies that employ them, and their surrounding communities.
For that reason, Ylla | Gosney Attorneys at Law advocate on behalf of injured truck accident victims and their families in Choctaw, Oklahoma. If your life has been altered in any way after suffering a truck accident injury, then we can help you fully recover damages from the responsible party. Whether your case requires an in-depth investigation or you need to recover compensation fast, we can help.
For more information, contact Ylla | Gosney today for a no-cost, no-obligation consultation and get the legal help you need.
Do I Need a Lawyer After Being Injured in a Truck Accident?
Truck accidents are far more devastating than your typical car accident. An example of this would be the one that occurred recently in Choctaw, where a semi-truck and a bus caused a major accident on the I-40 off-ramp. Victims injured in trucking accidents often suffer severe injuries, which require extensive medical treatment and time off work to recover. In certain cases, truck accident victims can be left with permanent disabilities, leaving them and their families with astronomically high medical bills and an uncertain financial future.
The financial and physical toll these accidents can have on a person’s life is why it is advisable to speak to one of the Truck Accident Attorneys at Ylla | Gosney if you’ve been injured in a truck accident. Our firm has helped numerous truck drivers recover their lives after an accident, and we’d love to do the same for you. At Ylla | Gosney Attorneys at Law, we provide the following services for truck accident victims:
- Investigating and determining wrongdoing or recklessness: Trucking accidents are complicated due to the number of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
- Collecting and preserving key evidence: Trucking logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. Our lawyers will take the proper legal steps to obtain this information and strengthen your claim.
- Communicating with insurance companies and other attorneys: With trucking companies and drivers having insurance, it is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. Our attorneys will protect you from liability and your right to fair compensation.
- Proving liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. Our attorneys will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
Steps You Should Take After a Truck Accident in Choctaw
A truck accident can be life-altering, which is why it is important to make sure you take the necessary steps to get your life back on track. At Ylla | Gosney, we recommend taking the following steps to ensure you have a strong case:
- Collect Medical Records: Even if your injuries seem minor, they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor and get a record of your injury. An MRI or an X-ray can reveal substantial damage that you might not be aware of. These documents will be essential to building a strong case.
- Get a Police Report: Failing to alert the police does not help your case, especially if the case comes down to your word over the person responsible for your injuries. A police officer will file an accident report and may even assign blame based on their assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the property where the accident occurred. Take a video of yourself recounting the accident while it is still fresh in your mind.
- Collect Eye Witness Statements: if there are any eyewitnesses, try and get a statement from them. Or, at least, get their names and numbers, as they can testify on your behalf or provide a statement to corroborate your story later.
- Collect General Information: Exchange insurance information with the party responsible for your injuries, and be sure to get their name, phone number, and contact information.
- Contact Ylla | Gosney Attorneys at Law: Our firm is standing by to help slip-and-fall accident victims in Choctaw physically and financially recover. Call, text, or email. Our door is always open to the community, and we’d love to help you through this difficult time.
What Info is Needed During Our Law Firm’s Intake Process?
The intake process usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if the case is worth pursuing or not. However, if you’d like to speak directly to one of our attorneys, you can set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need to begin the intake process:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, car accident, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with the employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Damages Truck Accident Victims Can Claim
Damages in a truck accident are often extensive, resulting in costly medical bills, missed time at work, and possible permanent damage to your health and mental well-being. Unfortunately, insurance companies do not look at your future damages and will often offer a low amount to only cover your immediate expenses. That’s where Ylla | Gosney helps truck accident victims.
We protect the rights of injured truck accident victims and ensure they receive compensation for the following damages:
- Medical expenses for future and present treatment
- Other medical costs needed to facilitate your injuries, such as a wheelchair, crutches, or in-home care
- Pain and suffering, which include trauma, anxiety, depression, and loss of enjoyment of life due to the accident.
- Re-vocational training if you’re unable to return to your job
- Damage or destruction to your property
- Loss of income if your injuries prevent you from working
- Wrongful death benefits if a life was lost in the accident
Common Liable Parties for a Truck Accident
With the number of trucks traveling in and out of Choctaw on I-40 every day, the city is at a much higher risk of trucking accidents than most other places. In 2020, according to the Insurance Institute for Highway Safety, there were 28% more fatalities from large truck crashes than in previous years. The most common liable parties in these trucking accidents include:
- The truck driver: As is the case for most truck drivers, they will most likely not be held liable because the company they drive for is responsible for their actions. However, if the employee is an independent contractor and not associated with a company, then you may be able to bring a claim against the individual driver.
- The truck company: As stated above, the truck company is liable for the actions of their employees when they commit a careless or wrong act within the scope of employment, according to Oklahoma’s Respondeat Superior Law, which states:
- “The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
- A third party: Another driver, a government body, a road construction crew, or a truck maintenance company could also be liable if their reckless or careless actions resulted in an accident.
Truck Driver Requirements to Prevent Truck Accidents
Whether it’s an employed truck driver or an independently contracted truck driver, any person driving a commercial truck on Oklahoma’s roadways is required to obtain a commercial driver’s license (CDL). Truck drivers must pass a vision test, a medical exam, and a written knowledge test at the DMV. Also, the truck driver must complete a minimum of 15 hours of behind-the-wheel training before a CDL can be issued. Truck drivers are also required to adhere to the following while driving a truck:
- Truck driver logs: The FMCSA requires that all commercial truck drivers keep a log of their activities. This log should include every stop they make, rest breaks, as well as routine inspections.
- Truck inspection requirements: Drivers must inspect the vehicle before each trip, and trucking carriers are responsible for regular inspection and maintenance.
- Hours of service requirement: the hours truck drivers can operate a commercial truck per day are regulated. The regulations are designed to ensure the truck is operated safely and without tired drivers.
- DOT numbers: The US Department of Transportation requires trucks to have an identification number. This number must be visibly displayed on both sides of the truck.
- Size and weight limit: Truck weight and height limits can be found in Oklahoma’s Truck Restriction Laws. However, these limits can be extended with special permission from state or federal regulatory agencies.
Common Causes of Truck Accidents
Knowing what causes your accident is detrimental to your case. It tells a story of what happened and who was at fault for the incident. The most common causes of truck accidents in Oklahoma include:
- Driver fatigue: demanding schedules and long drives often cause truck drivers to become fatigued if they don’t take the time to rest. Fatigue results in slower reaction times and a lack of attentiveness, resulting in a higher risk of an accident.
- Distracted driving: calling or texting, interacting with dispatchers, taking your eyes off the road, using the GPS, and eating or drinking while driving.
- Speeding: truck drivers work under strict deadlines, which often causes them to drive recklessly.
- Improper loading or unsecured cargo: improperly stored cargo can make the truck unbalanced, causing the driver to lose control and even flip the truck while driving.
- Poor vehicle maintenance: trucks must adhere to high maintenance standards. If any maintenance is missed it can build into a much bigger problem.
- Lack of training: truck driving is a difficult job. They must know how to safely maneuver their vehicles through all sorts of scenarios and drive through a number of weather conditions. If they are not properly trained, then their risk of causing an accident increases.
What is the Typical Compensation for a Truck Accident?
If you’re injured in a truck accident in Choctaw, Oklahoma, you may be able to receive compensation for your damages. There are three damages you can claim that will have a substantial impact on the amount of compensation you can receive. They include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
It is important to note that the final settlement amount varies widely depending on the circumstances of each case and the severity of your damages. It is recommended to consult with one of our Truck Accident Attorneys at Ylla | Gosney to fully understand the value of your case.
Contact Ylla | Gosney Attorneys at Law
If you or your loved one has been injured in a truck accident in Choctaw, Ylla | Gosney can help. We understand that injured victims only have one chance at securing financial relief after being injured in a serious trucking accident. That’s why we focus on getting your case resolved and getting you paid as quickly as possible.
Our firm has proudly managed numerous truck accident cases, successfully protecting Choctaw citizens from liability and reaching fair settlements quickly and efficiently on their behalf. So, don’t wait until it’s too late to take legal action for your truck accident injuries. Contact Ylla | Gosney Attorneys at Law today for a free, no-risk consultation and case evaluation. There are no upfront fees, and you don’t pay a cent until your case is won.