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 Norman, 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 party responsible. Whether your case requires an in-depth investigation or you need to recover compensation fast, we can help.
A truck accident doesn’t have to define the rest of your life. Contact Ylla | Gosney today for a no-cost, no-obligation consultation.
How Ylla | Gosney Helps Norman OK Truck Accident Victims
If you’ve been injured in a truck accident, you’ve most likely suffered serious injuries. However, no two truck accidents are the same, and it is recommended to consult with an attorney at Ylla | Gosney if the following scenarios occur:
- There were injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. Ylla | Gosney can ensure both.
- Wrongful death: If a loved one has passed away due to the accident, you will need compensation for funeral expenses and damages related to the untimely loss.
- Fault: If you are blamed for the truck accident, but are not at fault, our attorneys can protect you and assign liability to the at-fault parties. Ylla | Gosney can also minimize liability if you are found at fault.
- Liability: If you’re concerned about your liability limits, insurance status, or lack of insurance, Ylla | Gosney can help you, even in difficult situations.
- Multiple parties involved: Multiple parties make cases complex. Ylla | Gosney can manage the legalities with multiple parties, and your best interests are protected against everyone involved.
- False police report: If a police report places blame on you, and you disagree, we will gather evidence to support your claim.
Common Liable Parties for a Norman OK Truck Accident
With the number of trucks traveling in and out of Norman on I-35 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.
Regulatory Bodies: State and Federal Regulations for Trucks
The Oklahoma commercial truck regulations fall under the following:
- Oklahoma Vehicle Code: provides specific regulations for all vehicles, including trucks, on Oklahoma roads. Truck regulation addresses safe operation standards, driver qualifications, and the proper transportation methods.
- Public Utilities Commission (PUC): The PUC provides additional oversight to truck drivers by ensuring safety standards are met by conducting regular inspections, overseeing training, and certifying trucks drivers.
Federal truck regulations include:
- Federal Motor Carrier Safety Administration (FMCSA): The FMCSA governs all large vehicles operating within interstate commerce. They uphold nationwide standards for bus maintenance, drivers’ hours of service, and safety procedures.
- Department of Transportation (DOT): The DOT oversees truck operations across state lines, and trucks must comply with the DOT to maintain an operational trucking license in the United States.
If any of these regulations were violated and resulted in your accident, then you can puruse the responsible party for damages. Identifying the liable party can be tricky, which is why it is recommended to consult with one of our Truck Accident Attorneys at Ylla | Gosney. Our firm will conduct the necessary investigations to determine the liable party and ensure you are compensated quickly and efficiently.
Filing a Lawsuit Against Independent Contractor Truck Drivers in Norman OK
In certain cases, the truck driver involved in your accident may be an independent contractor, meaning they are not necessarily employed by the company. If an independently contracted truck driver gets into an accident with you, you can file a lawsuit against the driver, but it will be difficult to include the trucking company in the lawsuit. However, there are certain instances where a trucking company can be liable for an independently contracted truck driver.
When determining liability between the truck driver and the truck company, their relationship to one another must be clearly understood. You will need to establish if the independently contracted driver was acting within the scope of employment at the time of the accident. Also, the company would have to specify the driver as an independent contractor in writing. Failure to identify an employee as an independent contractor would potentially make the company liable for the truck driver’s actions. Other liability factors to be considered include:
- The level of control the trucking company has over the driver’s work
- The type of work the driver was hired to do
- The truck driver’s employment history
- The truck driver’s intent
- The nature of the accident and where it occurred
- The expectations the company had for the driver
As you can see, truck accidents can become complicated fast. To help you manage your truck accident claim, the Truck Accident Attorneys at Ylla | Gosney are here to answer all your questions free of charge and file a claim against the trucking company on your behalf.
Establishing Carelessness in a Norman OK Truck Accident
Truck companies and truck drivers owe a “duty of care” when it comes to other drivers on the road. Duty of care isn’t just a suggestion for truck drivers; it is a law that applies to manufacturers, distributors, and maintenance companies as well.To establish a trucking company caused your accident, you would need to prove the following:
- Had an obligation to act with reasonable care: If a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The injured party (plaintiff) must demonstrate they were owed a duty of care by the person at fault (defendant). For example, in a truck accident, the duty of care would have been ignored if a truck driver broke a traffic law and was driving dangerously before the collision. In this case, they would have breached their duty of care.
- Acted careless or reckless: If the driver failed to follow the law or safety protocols and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in their injuries. An attorney can help you provide proof through interrogatories and depositions.
- Damages: The plaintiff must be able to prove they suffered damages due to their injuries. This can be medical bills, missed time at work, and mental trauma.
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 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 comes in.
We ensure injured truck accident victims get the maximum amount they’re owed 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
Contact Ylla Gosney | Norman OK Truck Accident Lawyers
If you or a loved one has been injured in a truck accident in Norman, Oklahoma, the experienced Truck Accident Attorneys at Ylla | Gosney can help. We’ve handled numerous cases like yours and we will work tirelessly to get you fully compensated for your damages. The road to recovery can seem difficult, but it doesn’t have to be.
Contact us today for a free consultation and case evaluation. There are no upfront costs, and you won’t spend a dime until your case is won.