Ylla | Gosney Attorneys at Law represent victims of unsecured load/debris truck accidents in Oklahoma City. One of the most overlooked causes of catastrophic commercial truck accidents in Oklahoma City is improperly loaded or unsecured cargo. Oklahoma City features many large trucks traveling on I-35, I-40, and other major corridors daily, which can cause serious injuries to other drivers when their cargo is not properly balanced or secured.
If you or a loved one has been injured due to debris left on the road by a large truck in Oklahoma City, then Ylla | Gosney can help you get financial compensation for current/future medical treatment, missed time at work, and mental trauma caused by the incident.
Contact Ylla | Gosney today for a no-cost, no-obligation consultation to see what legal options are available for your situation.
How Ylla | Gosney Helps Oklahoma Truck Accident Victims
Truck accidents caused by debris on the road can be devastating. According to the Insurance Journal, more than 200,000 crashes and 500 deaths nationwide were attributed to road debris. So, as the statistics show, a collision with loose cargo on an interstate in Oklahoma City can happen at any moment. The unfortunate fact behind these statistics is that these accidents can alter the course of your life, subjecting you to extensive medical treatment, loss of income, or even permanent disability. That’s why, at Ylla Gosney, we aggressively pursue compensation on your behalf to recover all your current/future damages you may face due to the careless actions of a truck driver or trucking company, so you can get your life back on track after this traumatic event.
If you’ve suffered injuries in Oklahoma City, we offer the following services to reach a successful outcome on your behalf:
- Investigate and determine wrongdoing or recklessness: Car 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. Ylla Gosney can help manage this quickly and efficiently.
- Collect and preserve key evidence: Street cameras, dash cams, and witness statements are all key points of evidence for your case. Our car accident attorneys will take the proper legal steps to obtain this information and strengthen your claim.
- Communicate with insurance companies and other attorneys: 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 can protect your liability and right to fair compensation.
- Prove liability: With several parties potentially being involved in a car accident, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. The attorneys at Ylla Gosney will assign a team of investigators and accident reconstruction specialists to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
Get a Free Consultation
Ylla | Gosney Attorneys at Law offer a free consultation to all injured victims in Oklahoma City. Our Personal Injury Attorneys are here to discuss the details of your incident at no cost to you and evaluate if you have an injury claim and the next steps you should take. Everything you discuss with us is protected under attorney-client privilege, even if you decide not to take legal action. For more information, contact us today for a no-cost, no-obligation consultation.
How to Maximize Your Truck Accident Settlement
If you’ve suffered injuries in a usecured load/debris truck accident, there are certain steps you can take to help you maximize the amount you can recover. Maximizing your settlement is an essential part of recovering from your accident. After an accident, most insurance agencies will try to get you to settle for a much lower amount than your damages are worth. Insurance adjusters do not consider the long-term effects of major injuries and all the aspects of your life that they impact. To ensure a fair settlement for your accident, it is recommended to do the following:
- Get examined by a medical professional. Suffering major injuries is not a time to act tough and attempt to “walk it off.” If you are injured, get examined by a doctor. Without a professional diagnosis, the insurance company will have just cause to assume you were never injured.
- Follow your doctor’s orders. By sticking to a treatment plan, you give yourself the best shot at a full medical recovery and show the insurance company how serious your injuries are.
- Keep and organize your receipts. Keep all documentation associated with your injury, especially documentation of your medical treatment.
- Get a quote for your vehicle damage. Reimbursement estimates for vehicle damages will be relatively low unless you provide proper documentation for what your damages are worth.
- Don’t wait to file your lawsuit. Time is limited when making an accident claim. Personal injury claims typically have a statute of limitations of two years from the date of the accident. However, if your accident was with a government entity (emergency vehicle, USPS postal truck), then you will only have 6 months to file your claim.
How Ylla | Gosney Helps Oklahoma City 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 an Oklahoma City Truck Accident
With the number of trucks traveling in and out of OKC 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.
How Debris Causes Accidents in Oklahoma City
If cargo is heavier on one side of a truck, it can increase the chances of lost cargo or a rollover accident. This can all stem from improperly secured loads, resulting in hazardous road conditions for drivers in Oklahoma City. This is why trucking companies are subject to strict federal weight limits, because unbalanced trucks cannot only send hazardous debris onto the roadway, but overweight trucks are at higher risk of braking system failure, blown tires, and overall mechanical failure.
Proving an Unsecured Load/Debris Caused Your Accident
To prove a truck driver caused your accident by leaving debris on the road, you must prove that they failed to uphold their duty of care toward other drivers by operating their truck in a reckless or careless manner, which directly resulted in the accident. Proving they failed to secure their cargo properly can be complicated, but it is not impossible to prove. The act of failing to properly secure cargo, or dumping debris on the road, is typically done through an investigation performed by an attorney.
At Ylla | Gosney, we typically perform interrogatories, discovery, and depositions to get direct admission of careless trucking operations from the driver or their employer. Or, we’ve found that these careless actions can also be proven with evidence such as: written police reports, witness statements, traffic cameras, the at-fault party’s work schedule, and driving record. So, if you need help proving improper loading or loose debris in your truck accident case, please do not hesitate to contact us today for a free case review, and we’ll see what legal options are available for your specific situation.
Federal Weight Limit for Commercial Trucks
The federal weight limit for most commercial trucks is 80,000 pounds gross vehicle weight, according to the FMCSA. This includes the truck, trailer, and cargo. Special permits are required for trucks that exceed this weight. Single axle trucks are capped at 20,000 gross weight, and tandem axle trucks are capped at 34,000 pounds. This law applies to trucks across the United States, not just in Oklahoma City.
Other 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 a violation of any of these regulations resulted in your accident, then the Truck Accident Attorneys at Ylla | Gosney can conduct an investigation to prove that a careless act caused your injuries. Contact us today for a free case review to see what legal options are available for your situation.
Settlement 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 help injured truck accident victims get a fair settlement based on the value of 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 | Oklahoma City Truck Accident Lawyers
If you or a loved one has been injured due to an unsecured load/debris from a truck driver in Oklahoma City, the 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.