Ylla | Gosney represents farm vehicle accident victims in Tuttle. If you or a loved one has been injured in a farm vehicle accident, our law firm can help you recover and receive full compensation for your damages. With all the livestock and produce distributed across Oklahoma from local farms, you’ve most likely seen plenty of farm trucks and vehicles on the roads and highways going through Tuttle. If you’re involved in an accident with a farm vehicle, you will most likely be able to sue a farm for damages caused by one of their drivers. However, there may be certain situations where you would be unable to sue the farm, and only the driver. In any case, we can help. Contact Ylla | Gosney Attorneys at Law today for a no-cost, no-obligation consultation.
Do I Need a Lawyer After a Car Accident with a Farm Vehicle?
Determining whether you need a lawyer after filing a car accident claim with your insurance will depend on a number of factors. It is recommended to consult with an attorney after a farm vehicle accident if:
- Your insurance does not fully cover your damages
- You suffered injuries that required medical care
- Your injuries caused you to miss time at work
If any of these scenarios apply to your situation, we recommend you consult with one of our experienced Car Accident Attorneys at Ylla | Gosney. Our firm has decades of experience helping car accident victims, and we’ll ensure you receive full compensation for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
Farm Vehicle Driver Liability in Oklahoma
Farms are businesses in Oklahoma and are subject to the same liability laws as all other businesses in the Sooner State. If the farm owns the truck and employs the driver, they will most likely be liable for the actions of their truck drivers through vicarious liability, which is covered in 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.”
On the other hand, the driver of the farm vehicle could be an independent contractor, meaning they are not necessarily employed by the company. In Oklahoma, this is not uncommon as there are over 1 million independently contracted truck drivers driving across the United States every day, according to Rapid Response. 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.
Can I Hold an Independent Contractor Liable for a Farm Vehicle Accident?
When determining liability between the farm vehicle 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 farm would have to specify the farm vehicle driver as an independent contractor in writing. Failure to identify an employee as an independent contractor would potentially make the farm liable for the farm vehicle driver’s actions. Other liability factors to be considered include:
- The level of control the farm has over the driver’s work
- The type of work the driver was hired to do
- The driver’s employment history
- The driver’s intent
- The nature of the accident and where it occurred
- The expectations the farm had for the driver
As you can see, accidents with independent contractors can become complicated fast. To help you manage your farm vehicle accident claim, the Car Accident Attorneys at Maison Law are here to answer all your questions free of charge and help you file the proper claim for your accident.
What is the Typical Compensation for a Farm Vehicle Accident in California?
If you’re injured in a farm vehicle accident, you may be able to receive compensation for your damages. Even though every personal injury lawsuit has different outcomes, there are three damages you can claim that will have a substantial impact on the amount of compensation you can expect to 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
Contact a Farm Vehicle Accident Lawyer in Tuttle
If you or a loved one has suffered injuries due to the carelessness of a farm vehicle driver, Ylla | Gosney Attorneys at Law can help you obtain the compensation you need. The road to recovery can seem difficult, but there are legal actions we will pursue to make you financially whole for all you’ve endured. For trusted personal injury counsel, contact Ylla | Gosney today for a free consultation and case evaluation. There are no upfront fees for our services, and you don’t pay a dime until your case is won.