Tulsa Tired Driving Truck Accident Lawyer

Tired Driving Truck Accident Attorney in Tulsa, OK

Being awake for about 18 hours can affect driving in ways similar to alcohol. Two questions often come up in these cases: whether the driver exceeded the hours federal rules allow, and whether the company may have known. The driver’s electronic logs and the company’s dispatch records are often where those answers start.

Attorney Chad W.P. Kelliher leads our Truck Accident Practice Group. Based in Oklahoma City, the firm represents clients across the state, including Tulsa.

If you were hurt in a truck accident and driver fatigue may have been a factor, you can share what happened and talk with our Tulsa Tired Driving Truck Accident Lawyer about your legal options in a free consultation.

The Tired Driving Truck Crashes We Take On in Tulsa

Fatigue shows up in truck crashes in more than one way, and each version points to a different party who may be responsible for what happened to you.

We take on:

• Crashes involving long-haul drivers who may have missed required rest breaks to meet a delivery window
• Crashes involving local and regional drivers who may have been scheduled for back-to-back shifts
• Crashes where logbook entries may have been inaccurate or edited
• Rear-end and lane-departure crashes, which can sometimes involve a drowsy driver
• Jackknife and underride crashes, which can cause catastrophic injuries
• Multi-vehicle crashes on I-44 and other Tulsa highways

A common question in these cases is whether the company knew, or should have known, that a driver was fatigued. A Tired Driving Truck Accident attorney in Tulsa can evaluate the facts, insurance coverage, and available evidence.

What a Fatigued Truck Driver Crash Can Cost You

Federal hours-of-service rules (49 C.F.R. § 395.3) generally limit property-carrying drivers to 11 hours of driving after 10 hours off duty. They also bar driving after the 14th consecutive hour since coming on duty. Weekly on-duty limits also apply. These rules apply to many commercial drivers, depending on the vehicle and the type of trip.

Exceeding any of these limits, not just the 11-hour driving limit, may be relevant to a fatigue claim, depending on the facts.

When drivers do not follow the hours rules, it can be more than a paperwork issue, because fatigue can affect how safely a driver operates a truck.

A fatigue-related crash can involve serious injuries, long-term care needs, and lost income. An insurer may dispute the extent or cause of those injuries.

Driver logs and related records can be important in these cases, and some records may be kept for only a limited time, so it helps to ask for them early.

Oklahoma also follows a modified comparative negligence rule, so if you are found partly at fault, your recovery may be reduced. An attorney can explain how this rule may apply to your situation.

Examples of Past Results From Fulmer Sill

The examples below are past results from cases handled by Fulmer Sill‘s attorneys, including crashes involving trucks and other vehicles.

Every case is different and depends on its specific facts and circumstances. Past results do not guarantee a similar outcome.

FAQs About Tulsa, OK Tired Driving Truck Accident Laws

How can a truck driver’s fatigue be shown?

An attorney can request records such as the driver’s electronic logs and dispatch records. Those records may show how many hours the driver had logged compared with federal hours-of-service limits. Those limits generally apply to commercial drivers, depending on the vehicle and the type of trip.

What does it cost to hire a Tulsa truck accident lawyer?

There are no upfront attorney fees. Fulmer Sill handles truck accident cases on a contingency fee basis, which means attorney fees are paid only if there is a recovery. The consultation is free.

How long do I have to file a truck accident claim in Oklahoma?

Oklahoma generally gives you two years from the date of the crash to file a lawsuit. Different deadlines can apply in some situations, such as when a minor, a government vehicle or agency, or a death is involved. Because the deadline that applies can depend on the facts, an attorney can help determine which one applies to you.

What court hears truck accident lawsuits in Tulsa?

Truck accident lawsuits are often filed in the Civil Division of the Tulsa County District Court, 500 S. Denver Ave. Where a case can be filed depends on where the crash happened and where the defendants can be served. An attorney can handle the filings and court appearances.

What should I do right after a crash with a tired truck driver?

Get to safety, call 911, and get medical care, even if you feel fine, since some injuries take time to show up. Be careful about giving a recorded statement to the trucking company’s insurer before speaking with an attorney.

Can a trucking company be blamed if the driver falls asleep?

It may be. If a dispatcher scheduled a route that could not be completed within the federal hours-of-service rules, or the company knew a driver was fatigued and let them keep driving, the company may share responsibility with the driver, depending on the facts.

Contact Fulmer Sill to talk through what happened and what options may be available.

Talk to a Tulsa Tired Driving Truck Accident Lawyer Today

Records related to a trucking crash, such as driver logs and company records, may not be kept indefinitely. A trucking company and its insurer may also begin reviewing a crash soon after it happens, so you may want to understand your options early.

Contact Fulmer Sill to schedule a free consultation about what happened.