Oklahoma City Truck Accident Lawyer

Truck Accident Attorney in Oklahoma City, OK

If you or someone you love was involved in an accident with a semi-truck, 18-wheeler, tractor-trailer, big rig, or similar large truck, you could be entitled to financial compensation from the trucking company, its insurance provider, or even a third party. We encourage you to contact our Oklahoma City truck accident lawyer at Fulmer Sill right away to learn how we can protect your rights and fight for maximum recovery.

Our attorneys have decades of collective experience fighting on behalf of severely injured individuals and the families of those wrongfully killed due to the negligence of others, and our firm has secured millions of dollars in compensation for clients state- and nationwide. We are ready to fight tirelessly for your full and fair recovery.

Key Verdicts & Settlements:

• $5,000,000 – Settlement for injury to a school bus passenger in a collision resulting from defective maintenance of an oil field truck.
• $4,500,000 – Wrongful death settlement in a collision caused by an 18-wheeler that lost control while operating in icy road conditions on the interstate.
• $4,000,000 – Settlement arising from the death of a pedestrian caused by the distracted driver of a box truck.
• $2,350,000 – Settlement obtained on behalf of our injured client after their car was hit by a truck.
• Excess of $1,970,000 – Settlement obtained on behalf of our client, who was injured in a trucking accident.
• $800,000 – Settlement obtained on behalf of our client, who sustained a non-surgical leg injury in a collision with an 18-wheeler.
• $750,000 – Settlement obtained on behalf of our client, who received a cervical disc injury and mild traumatic brain injury as a result of a trucking accident.

Oklahoma City Truck Accident Statistics

Motor vehicle accidents involving large commercial vehicles, such as semi-trucks and 18-wheelers, are devastating. According to the Oklahoma Highway Safety Office (OHSO), there were nearly 4,800 large truck crashes in Oklahoma in 2020, 545 of which led to confirmed injuries and 73 of which were fatal.

Who Is Liable for a Large Truck Accident in OKC?

Generally speaking, truck accidents are much more complex than standard car accidents. One reason for this is the issue of liability. Determining who is liable for a car accident is typically relatively straightforward; in most cases, the driver who caused the crash is liable for resulting damages. However, many third parties may be liable for truck accidents, depending on how the accident occurred, whether there were additional contributing factors, and what specific circumstances were involved.

Depending on the details of the accident, any of the following parties could be liable for your truck accident:

• The trucking company
• The truck driver
• A manufacturer or distributor
• The party responsible for truck maintenance
• A truck repair company
• The entity responsible for loading cargo
• The party that owns or leases the tractor and/or trailer
• Another motorist or third party

Most truck accident claims are against trucking companies and/or their insurance providers. However, many different factors can affect your claim. At Fulmer Sill, we leave no stone unturned when seeking compensation for our clients. Our Oklahoma City truck accident attorneys are prepared to pursue every possible avenue of recovery on your behalf.

What is Considered a Truck?

A truck is a motor vehicle designed primarily for carrying cargo. Trucks vary widely in size, power, and configuration and play a crucial role in transportation and logistics. Here are some common types of trucks:

• Semi-Truck (Tractor-Trailer or 18-Wheeler): This combines a tractor unit (front part with an engine and driver’s cab) and a trailer. These trucks are commonly used for long-haul transportation of goods.
• Delivery trucks are designed for transporting goods over short distances, often within a city or local area. They come in various sizes; some are specifically built for parcel or package delivery.
• Pickup Truck: Trucks are smaller vehicles with an open cargo bed at the rear. They are versatile and often used for personal transportation and light-duty hauling.
• Box Truck (Cube Van): These trucks have an enclosed cargo area commonly used for transporting various goods. They are often used for local deliveries or moving services.
• Dump Truck: Designed for transporting loose material, such as sand, gravel, or demolition waste. Dump trucks have a hydraulic lift system that allows the cargo bed to be raised at an angle for easy unloading.
• Flatbed Truck: These trucks have a flat, open cargo bed with no sides. They are suitable for transporting large or unconventional loads that may not fit inside an enclosed space.
• Tow Truck: Specifically designed for towing other vehicles. Tow trucks may have a flatbed or a boom with a hook to lift and tow cars.
• Garbage Truck (Waste Collection Vehicle): These trucks are designed for collecting and transporting municipal solid waste. They come in various configurations, including front, rear, and side loaders.
• Tanker Truck: Trucks transport liquids such as fuel, chemicals, or food-grade products. They have specialized tanks to secure and transport liquid cargo.
• Fire Truck: Also known as a fire engine, fire trucks are equipped with firefighting equipment and tools for responding to fires and other emergencies.
• Off-Road Truck: These trucks are designed for off-highway use and are often used in construction, mining, or other rugged terrains. They have features like high-ground clearance and heavy-duty suspension.

Common Types of Truck Accidents

A truck accident is any collision or incident involving a motor vehicle designed primarily for carrying cargo. Due to their size and weight, truck accidents can have serious consequences.

Common types of truck accidents include:

• Jackknife Accidents: This occurs when a truck’s trailer swings out to the side, forming an L or V shape with the cab. It often happens when the truck driver loses control and the trailer swings around due to slippery roads or sudden braking.
• Rollover accidents happen when a truck tips over onto its side or roof. They can result from various factors, including high-speed turns, uneven road surfaces, or improper cargo loading.
• Underride Accidents: In an underride accident, a smaller vehicle slides under the rear or side of a truck, often leading to catastrophic injuries for the smaller vehicle’s occupants. Underride guards are installed on trucks to help prevent these accidents.
• Override Accidents occur when a truck runs over a smaller vehicle, often due to issues such as inadequate braking distance or driver error. These accidents can result in severe injuries or fatalities for the smaller vehicle’s occupants.
• Blind Spot Accidents: Trucks have more prominent blind spots (areas not visible to the driver) than smaller vehicles. Accidents can happen when a vehicle enters a truck’s blind spot, and the driver is unaware of its presence.
• Tire Blowouts: Sudden tire failures on a truck can lead to loss of control and accidents. Overloaded trucks, poorly maintained tires, or road debris can contribute to tire blowouts.
• Brake Failure Accidents: Malfunctioning brakes on a truck can lead to an inability to stop or slow down in time, resulting in accidents. Various factors, including inadequate maintenance, can cause brake failures.
• Hazardous Material Spills: Trucks transporting hazardous materials can be involved in accidents that lead to spills, posing a risk to the environment and public safety.
• Wide Turn Accidents: Trucks have a wide turning radius, and other vehicles may be caught in the turning path, leading to collisions. This is especially common in urban areas.
• Fatigue-Related Accidents: Truck driver fatigue can impair reaction times and judgment, increasing the risk of accidents. Regulations limit the number of consecutive hours a truck driver can operate without rest.
• Distracted Driving Accidents: Just like any other motorist, truck drivers can be distracted by activities such as texting, eating, or adjusting controls, leading to accidents.

What Are the Hours of Service Regulations?

The Hours of Service (HOS) regulations are rules set by the Federal Motor Carrier Safety Administration (FMCSA) to govern the working hours of commercial drivers in the United States. These regulations aim to reduce accidents caused by driver fatigue and ensure road safety.

Here are the key components of the HOS regulations:

• 11-Hour Driving Limit: Drivers can drive for 11 hours after 10 consecutive hours off duty.
• 14-Hour On-Duty Limit: A driver cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. This includes driving and non-driving tasks.
• 30-Minute Rest Break: Drivers must take a 30-minute break after 8 hours of driving without at least a 30-minute interruption.
• 60/70-Hour Limit: Drivers cannot drive after 60 hours on duty in 7 consecutive days if the motor carrier does not operate daily or after 70 hours on duty in 8 consecutive days if the motor carrier operates every day of the week.

Drivers can reset their 60/70-hour limit by taking 34 consecutive hours off duty. This restart must include two periods from 1 a.m. to 5 a.m. to ensure proper rest.

These regulations ensure drivers have adequate rest and are not overworked, thus promoting road safety.

Compliance with HOS regulations is mandatory, and violations can result in penalties for drivers and their employers. When truck drivers break these rules, either through negligence or due to pressure from the companies they work for, the likelihood of an accident can significantly increase.

How Do Large Truck Accidents Happen?

One important element of determining liability in a truck accident case is discovering how the crash occurred, including whether any underlying factors contributed to the collision. Pinpointing the cause of the accident often allows our attorneys to identify the liable party or parties.

Some of the most common causes of truck accidents include:

• Truck Driver Negligence or Error: Truck drivers are highly skilled and human professionals. As a result, they are just as susceptible to negligence and human error as any other driver on the road. Some examples of truck driver negligence and errors that lead to serious crashes include speeding, distracted driving, driving under the influence of alcohol or drugs, and violating traffic laws.
• Hours-of-Service Violations: Truck drivers are subject to federal and state hours-of-service laws. These laws regulate the number of hours truckers may drive, the number of breaks they may take, and at what time they must take those breaks. The purpose of these regulations is to prevent fatigued driving, which can be as deadly as drunk driving. When truckers violate hours-of-service laws, they are at risk of drowsy driving and may cause serious crashes.
• Overloaded or Improperly Loaded Cargo: Large trucks are also subject to state and federal capacity limits. Violations of these limits can be extremely dangerous and may lead to large truck accidents. Also, improperly loaded cargo can shift weight and other problems during transit. This can, in turn, cause the truck driver to lose control of the vehicle and may result in jackknifing rollovers and other serious accidents.
• Trucking Company Negligence: Trucking companies can engage in all types of negligent and wrongful behavior, which may indirectly lead to an accident. Some examples include negligent hiring practices (such as failure to conduct background checks on new drivers), poor or insufficient training, improper supervision, and failure to adequately discipline truck drivers who violate company policies and/or state or federal laws.
• Insufficient Maintenance or Repairs: Truck drivers, trucking companies, and other parties are responsible for conducting routine vehicle inspections and maintenance. Failure to do so or report maintenance issues requiring repairs can have devastating or deadly consequences. Additionally, improper or incomplete tractor or trailer repairs can indirectly lead to a serious accident.
• Defects: Many truck accidents result from vehicle defects and defective roadways. Common truck defects include defective tractor or trailer design, tires, faulty engine components, braking system defects, missing reflective strips, and more. Roadway defects include poorly designed or constructed roads, blind curves, unsafe speed limits, and poor roadway maintenance leading to potholes and other hazards.

Our attorneys work with accident reconstructionists and other specialists to review all available evidence, including vehicle black box recorders, truck drivers’ cellphone records, and more. We evaluate this evidence to reconstruct what happened and how the defendant’s negligent or wrongful conduct led to the collision that caused our client’s injuries and resulting damages.

Common Injuries in Truck Accidents

Common injuries include the following:

• Traumatic Brain Injuries (TBI): Because of the force of a truck collision, many victims suffer head injuries. Even a minor impact can cause concussions, while more serious collisions can lead to brain injuries that have lifelong consequences. TBI can cause cognitive impairment, emotional changes, and physical limitations, demanding ongoing medical treatment and care.
• Spinal Cord Injuries: In truck accidents, spinal cord injuries are common, especially for those who are ejected from their vehicle or who suffer severe impacts. Spinal cord damage could lead to paralysis or permanent loss of function in the limbs, significantly affecting a person’s quality of life. These injuries often require long-term rehabilitation and support.
• Broken Bones and Fractures: Due to the force of truck accidents, victims often experience broken bones and fractures, particularly in the arms, legs, ribs, and pelvis. Depending on the severity of the break, these injuries can need surgery and extensive physical therapy and may leave permanent scars or disabilities.
• Internal Injuries and Organ Damage: Truck accidents could cause significant internal injuries, including damage to the liver, kidneys, spleen, and other vital organs. These injuries often go unnoticed immediately after the accident but could lead to life-threatening complications if not treated promptly.
• Burns: In instances where a truck accident causes a fire or explosion, burn injuries are unfortunately common. Burn injuries are among the most painful and can lead to long-term disfigurement, requiring numerous surgeries and rehabilitation.
• Whiplash and Soft Tissue Injuries: Whiplash, which normally affects the neck and back, is a common injury in rear-end collisions involving trucks. While whiplash may seem like a minor injury, it could lead to chronic pain and long-term issues. Soft tissue injuries, like strains and sprains, are common in truck accidents and can cause discomfort and limited mobility.

Where Do Most Truck Accidents Occur?

Truck accidents can happen anywhere there are negligent truck drivers, of course. However, truck accidents are more likely to occur on Oklahoma’s highways, which might not be surprising. Commercial trucks carry cargo and products across the state and country via highways, making you more likely to encounter a truck there. Truck accidents are more likely to happen at intersections when off the highway.

What to Do After a Truck Accident

Once a truck accident happens, you can be sure that the truck driver, trucking company and any insurance companies involved are immediately thinking of ways to avoid liability. Therefore, you must take steps right after a truck accident to protect your right to compensation.

Let our firm know if you took any of these necessary steps after a truck accident:

• Call 911: Truck accidents usually cause significant vehicular damage and serious bodily injuries. Dial 911 to get emergency responders there as soon as possible so professionals can control the scene.
• Write down information: Collect and record all parties’ contact and insurance information. In a truck accident case, you must write down identifying information about the truck and its trailer, such as the trailer number. You should also ensure you have insurance information related to policies privately held by the truck driver and any supplied by the trucker’s employer.
• Take photographs: After any accident, take photographs of the entire truck accident scene. Be thorough when photographing the truck and the area immediately around it. For example, you might be able to photograph tire skid marks leading to the truck that show the driver was traveling too quickly for traffic conditions.
• Talk to eyewitnesses: Many truck accidents happen when a motorist is blindsided by a truck driver who didn’t check blind spots or give enough time when merging. If this happened to you, you might not have had a good view of what happened as it unfolded. However, an eyewitness might have seen everything more clearly and be willing to give you a written statement.

How to Prove Negligence in Truck Accidents

Proving negligence may include:

• Duty of Care: Every truck driver and trucking company has a duty of care to operate vehicles safely and follow traffic laws. They are responsible for ensuring their trucks are well-maintained, the drivers are properly trained, and the driving conditions are safe. Truck drivers must adhere to strict hours-of-service regulations to prevent fatigue and refrain from operating their vehicles under the influence of drugs or alcohol.
• Breach of Duty: To prove negligence, it must be indicated that the responsible party breached their duty of care. For example, a truck driver who runs a red light, drives under the influence of alcohol or drugs, or fails to secure cargo properly could be deemed to have breached their duty of care. Additionally, trucking companies may be found negligent if they fail to train drivers properly, hold their fleet, or adhere to safety regulations.
• Causation: The next step in proving negligence is indicating that the breach of duty caused the accident and the resulting injuries. If the truck driver’s failure to obey traffic laws, for instance, directly caused the crash, then causation can be established. This requires thorough investigation and evidence collection, such as eyewitness testimony, traffic camera footage, or accident reconstruction reports.
• Damages: Lastly, it must be proven that the accident resulted in damages, which include physical injuries, emotional distress, property damage, and financial losses. Medical records, accident reports, and financial documents such as pay stubs showing lost wages or potential future earnings support this.

What Types of Recoverable Damages are Available in Oklahoma?

The value of your truck accident claim could be significant if the truck driver caused you to suffer life-changing injuries. Our Oklahoma truck accident lawyers are here to ensure you get every penny you deserve. To begin, we will want to calculate your damages, carefully considering the damages you could incur far into the future.

Damages that you might recover in a truck accident claim could include:

• Medical treatment costs
• Rehabilitative therapy costs
• Lost wages
• Reduced income earning ability
• Permanent disability complications
• Pain and suffering

If you lost a loved one in a truck accident in Oklahoma city, then we can discuss filing a wrongful death claim for you. A wrongful death claim can demand different damages from the defendant, such as loss of companionship and the value of around-the-house tasks that the decedent often handled.

Local Support for Truck Accident Victims in Oklahoma City

Oklahoma City’s major roadways, like I-35, I-40, and the Turner Turnpike, see heavy truck traffic, which unfortunately increases the risk of serious accidents. Due to the size and weight of these vehicles, truck accidents often result in severe injuries and property damage.

Local resources play a crucial role in aiding recovery for those affected by a truck accident. Medical centers like OU Health and Integris Health provide top-tier emergency care, rehabilitation, and specialized treatment for accident victims. For emotional support, organizations like NorthCare and Sunbeam Family Services offer counseling and mental health services to help individuals cope with the trauma.

The Oklahoma Department of Public Safety and the Oklahoma Department of Transportation are helpful resources for understanding trucking regulations, obtaining accident reports, and learning about safety measures. In addition, victims facing financial challenges can seek assistance from Catholic Charities of Oklahoma City and the Regional Food Bank, which provide support with essential needs during recovery.

With these resources, truck accident victims in Oklahoma City can find the help they need to recover physically, emotionally, and financially.

How Our Truck Accident Lawyers Can Help

When you want to file a truck accident claim, you will likely go head-to-head with a trucking company and any insurance company representing them. The challenge to getting compensation and justice will be steep. You can prepare for it by coming to our firm, though. Our Oklahoma truck accident lawyers are here to help however we can, which, for many clients, means handling every aspect of the case as it progresses.

We can help you by:

• Investigating the crash
• Uncovering evidence of liability
• Calculating your full damages
• Identifying liable defendants
• Filing the claim
• Responding to inquiries and replies
• Negotiating for a settlement
• Litigating in court for an award

Oklahoma City Truck Accident Law Firm Reviews

FAQs About Oklahoma City, OK Truck Accident Laws

How many hours can truck drivers work in Oklahoma City?

Federal Motor Carrier Safety Administration (FMCSA) regulations limit the average truck driver to no more than 14 working hours in a shift in Oklahoma City. Three of those hours must not be spent driving. Such a long shift must also be preceded by 10 hours off duty.

How much can an 18-wheeler weigh?

The average 18-wheeler can weigh around 35,000 pounds on its own. With a trailer, it can weigh up to a maximum of 80,000 pounds. The risk of an accident can increase significantly when a truck exceeds this strict weight limit.

What’s the time limit for filing a truck accident claim in OKC?

Oklahoma City has a two-year statute of limitations on truck accident claims. The statute begins on the day of the accident. Once the statute expires, the court will prevent you from filing a claim.

How long does a truck accident lawsuit take in Oklahoma?

In Oklahoma, a truck accident claim or lawsuit will take a varying amount of time, depending on the details that go into the case. Some cases might take 6 or so months to conclude. Others could take more than a year. Our firm works diligently to ensure no needless delays in your case because we know you are already waiting on a fair settlement or award.

When should you call a lawyer after a truck accident in Oklahoma City?

You should call a lawyer after being in any truck accident that caused you to suffer an injury. Even if the injury doesn’t seem severe, it could get worse. It is worth at least talking to an attorney about your options. They can let you know if you should pursue further legal action.

What party is usually liable for a truck accident?

In many truck accident cases, the party held liable is the trucking company. This is because of a legal doctrine known as “respondeat superior,” which essentially states that an employer can be held responsible for the actions of its employees if they were acting within the scope of their employment when the incident occurred. Therefore, if a truck driver causes an accident while on duty, the trucking company they work for could be held legally responsible. It’s important to note that determining liability in these cases can be complex and may require extensive investigation into the circumstances surrounding the accident, so hiring a truck accident lawyer early is recommended.

Why do truck accidents cause worse injuries than most car accidents?

Truck accidents often result in more severe injuries than most car accidents due to several factors. The sheer size and weight of trucks, which can weigh up to 80,000 pounds, significantly impact the severity of the damage in collisions. Other factors such as wider turning radius, blind spots, and the potential for fatigued driving due to long hours on the road make truck accidents particularly dangerous.

What is a truck accident claim worth?

The worth of a truck accident claim will depend on many factors, such as the extent of injuries, how liability is divided, and even insurance policy limits in some cases. At the start of a case, it can be difficult, if not impossible, to estimate the claim’s value. The amount is usually unknown until the claimant reaches maximum medical improvement (MMI). Furthermore, no attorney or law firm can promise that a claim will end in a specific amount because every case is unique.

Does it matter if I was in a truck’s blind spot when it hit me?

It does matter if you were in a truck’s blind spot when it hit you, as it can affect the determination of fault in the accident. Large trucks have significant blind spots that limit or block the driver’s range of vision. While truck drivers are trained to check these areas and use caution when changing lanes or turning, they may still miss seeing a vehicle in their blind spot. However, drivers of other vehicles are also responsible for avoiding lingering in these blind spots whenever possible.

Meet Our Attorneys

Simone Fulmer Gaus

Attorney

Simone Fulmer Gaus

Matthew J. Sill

Attorney

Matthew J. Sill

James D. Sill

Attorney

James D. Sill

Harrison Lujan

Attorney

Harrison Lujan

Dr. Tara Tabatabaie

Attorney

Dr. Tara Tabatabaie

Curtis Bruehl

Attorney

Curtis Bruehl

Jacob Rowe

Attorney

Jacob Rowe

Chad W.P. Kelliher

Attorney

Chad W.P. Kelliher

Andrea Rust

Attorney

Andrea Rust

Katie E. Griffin

Attorney

Katie E. Griffin

Lauren Willoughby

Attorney

Lauren Willoughby

Dimitri Flowers

Attorney

Dimitri Flowers

Contact Our Oklahoma City Truck Accident Lawyer Today

After a major truck accident, you and your family are likely facing a wide range of physical, emotional, and financial challenges. At Fulmer Sill, we are here to help you fight for fair compensation for your medical bills, lost income, lost quality of life, pain, suffering, and other damages.

We offer a high-end client experience based on consistent communication, personal attention, and direct contact with your attorney throughout the legal process. We can help our clients avoid upfront and out-of-pocket legal expenses by providing our legal services on a contingency fee basis. Instead, you only pay our attorneys’ fees and other litigation-related costs if we successfully recover your compensation.

Oklahoma City, OK Truck Accident Law Resources

• New “Rear Impact Guard” Standard to Protect Against Underride Accidents
• Average Truck Accident Settlement in Oklahoma

Fulmer Sill – Oklahoma City Office

1101 N. Broadway Avenue
Suite 102
Oklahoma City, OK 73103