Were You Injured In A Tulsa Truck Accident?
Our Tulsa truck accident attorneys can demand compensation from the trucking company
Tulsa is Oklahoma's second-largest city, and that means it sees at least its share of truck traffic. Tractor-trailers, delivery trucks and other large commercial trucks are a daily sight on many highways that run through the city, including I-44, I-244 and US-169. Unfortunately, where there are trucks, there’s always the risk that some will be involved in collisions, and those Tulsa truck accidents can cause severe and life-altering injuries.
When Tulsa residents are injured due to a trucking company's negligence, Lawter & Associates, PLLC can help. Our Tulsa truck accident lawyers know the law, the roads, and the courts. That's because we've been doing the work for more than four decades. We're not afraid to stand up to the trucking companies and help you get the compensation you need to rebuild your life.
“Great experience! Zero problems! Good communication! Would definitely return & recommend to everyone!! Thank you Lawter & Associates!” – Mike W., ⭐⭐⭐⭐⭐
Google Average Rating: 4.5/5 stars, 114 reviews
FAQs About Tulsa Truck Accidents
- What should I do after a truck accident in Tulsa?
- What makes Tulsa truck accidents complicated?
- How are truck accidents different from car accidents in Tulsa?
- What are common legal issues that come up after a truck accident?
- What are common causes of truck accidents in Tulsa?
- Who’s responsible for paying for my truck accident?
- How much is my Tulsa truck accident worth?
- What is the average Tulsa truck accident claim?
- Should I accept a settlement offer for my Tulsa truck accident?
- Can I file a lawsuit against the trucking company after a truck accident in Tulsa?
- Who can I sue after my Tulsa truck accident?
- Should I file a Tulsa truck accident lawsuit?
- Which courts handle Tulsa truck accident lawsuits?
- What types of damages can I recover after a truck accident in Tulsa?
- Can I recover compensation if I was partially at fault for a truck accident in Tulsa?
- How long do I have to file a lawsuit after a truck accident in Tulsa?
- Who investigates Tulsa truck accidents?
- What laws apply to commercial truck accidents in Tulsa?
- Should I talk to the trucking company’s insurance adjuster?
- How much does it cost to hire a Tulsa truck accident lawyer?
- Why should I hire a Tulsa truck accident lawyer?
What should I do after a truck accident in Tulsa?
After a truck accident in Tulsa, your safety and well-being should come first. You also need to take steps to protect your rights and build a strong legal case. So what should you do? Here are the most important steps:
- Call 911 to report the accident, especially if there are injuries or significant damage. The Tulsa Police Department or the Oklahoma Highway Patrol will likely respond to the scene.
- Request medical assistance if needed. Large truck accidents often result in serious injuries, so seek immediate medical attention.
- Take photos of the accident scene, truck damage, road conditions, and any visible injuries. Include pictures of the truck’s license plate, company logo, and DOT numbers.
- Gather witness contact information and statements if possible.
- Avoid speaking with the trucking company’s representatives or their insurance adjuster without legal guidance.
- Contact a Tulsa truck accident lawyer as soon as possible to discuss your legal rights.
What makes Tulsa truck accidents complicated?
Any motor vehicle accident can lead to a complex claim, but commercial truck accidents often pose special challenges. Some key factors that affect truck accidents:
- There are often multiple insurance companies involved and accepting a settlement from one can affect the entire liability picture.
- The trucking company may be located out of state and thus be difficult to track down.
- The stakes are high, and trucking companies have teams of attorneys on their side to protect their bottom line.
- The injuries sustained are often severe or fatal.
You shouldn’t have to take on a trucking company alone while you’re recovering from your injuries. That’s why you need an experienced attorney in Tulsa on your side. We’ve been helping accident victims in Tulsa and statewide for over four decades, and we know how to get successful results for our clients. We’ll thoroughly research your case and stand up to the trucking company on your behalf, and we’re not afraid to take them to court if necessary.
How are truck accidents different from car accidents in Tulsa?
Commercial truck accidents are very different – and often more complicated – than car accidents. And it’s not just because semi-trucks, delivery trucks and other commercial vehicles are larger and heavier than many other vehicles. Some of the differences include:
- Injuries caused by truck accidents are often more severe.
- More than one at-fault party may be responsible for causing the truck accident.
- The at-fault parties might be located in several different states.
- Different laws apply to truck accidents, especially federal regulations, such as Hours of Service (HOS) rules, which can play a role in determining fault.
- Multiple local, state, and federal agencies often investigate commercial truck accidents.
Take all these differences into consideration and you could suddenly be dealing with an extremely complicated Tulsa truck accident. That’s why it’s critical that you have an experienced attorney on your side who understands the complexity of commercial truck crashes.
What are common legal issues that come up after a truck accident?
As far as legal issues, some of the ones that often come up after a semi-truck accident or a collision involving a delivery truck in Tulsa include:
- The truck driver denies doing anything wrong.
- The trucking company refuses to share records after the accident, including:
- Hours of Service (HOS) records
- Maintenance records
- Inspection reports
- The truck driver’s driving history
- Other company drivers’ histories
- The trucking company does not return your phone calls.
- The trucking company or someone else pressures you to accept a lowball settlement offer.
Take your Tulsa semi-truck accident seriously right from the start. Contact our law firm in Tulsa and schedule an appointment today.
What are common causes of truck accidents in Tulsa?
Tulsa truck accidents often occur due to negligence by the truck driver, trucking company, or another at-fault party. Common causes include:
- Driver fatigue due to violations of federal hours-of-service regulations.
- Distracted driving, such as using a cell phone or GPS while driving.
- Speeding, particularly on busy highways like I-44, I-244, or US-75 in Tulsa.
- Improperly loaded cargo, which can cause the truck to overturn.
- Poor truck maintenance, such as faulty brakes or worn tires.
Who’s responsible for paying for my truck accident?
Unlike accidents involving smaller vehicles, crashes involving semi-trucks often raise a wide range of complex issues, including who’s legally responsible for paying for the accident. Depending on the circumstances of your commercial truck accident in Tulsa, there could be more than one at-fault party. Such at-fault parties could include:
- The truck driver.
- The trucking company the driver works for.
- The company that loaded the truck.
- The company that manufactured defective parts on the truck.
- The business that owns the semi-truck’s cab.
- The company that owns the trailer in a tractor-trailer accident.
- Each company’s insurance company.
Determining who was at fault in a commercial Tulsa truck accident can be complicated. That’s why it’s critical that you have an experienced lawyer who can work with you to hold the at-fault parties accountable for their actions.
How much is my Tulsa truck accident worth?
The value of your Tulsa truck accident case depends on several factors, including the severity of your injuries and the circumstances of the crash. Each case is unique, so determining its worth requires a detailed analysis. What factors influence the value of your claim? Here are the key ones:
- Medical expenses: Includes emergency care, surgeries, physical therapy, and future medical needs.
- Lost wages and earning capacity: Covers income lost during recovery and reduced earning potential due to permanent injuries.
- Pain and suffering: Non-economic damages for emotional distress, physical pain, and loss of quality of life.
- Property damage: Costs to repair or replace your vehicle and other damaged items.
- Punitive damages: May apply if the trucking company or driver acted with gross negligence, such as driving under the influence.
A Tulsa truck accident lawyer can evaluate your case and calculate the full value of your claim.
What is the average Tulsa truck accident claim?
There is no “average” truck accident claim because each case is different, with unique circumstances and damages. The compensation you may recover depends on the specific details of your crash. What factors affect the value of your claim?
- Severity of injuries: Cases involving catastrophic injuries or wrongful death typically result in higher compensation.
- Liability: Clear evidence of negligence by the truck driver or trucking company strengthens your claim.
- Insurance policy limits: The trucking company’s insurance coverage may affect the total amount recoverable.
- Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life vary greatly from case to case.
A Tulsa truck accident lawyer can review your case and help you understand what your specific settlement or verdict may be worth based on these factors and many others.
Should I accept a settlement offer for my Tulsa truck accident?
Many times, soon after a truck accident, the at-fault party will make an offer to settle your case. You might be tempted to accept. However, you should not accept such an offer without first talking with your Tulsa truck accident lawyer. Insurance companies often make low initial offers to minimize payouts. So what should you consider before accepting a settlement?
- Does the offer cover all your current and future accident-related expenses? Settlement offers should include medical bills, lost income, and ongoing care costs.
- Have you fully recovered from your injuries? If not, you may not know the full extent of your future expenses.
- Is the offer fair? A lawyer can review the settlement and advise whether it reflects the true value of your claim.
If the offer isn’t enough, a Tulsa truck accident lawyer can negotiate on your behalf or file a lawsuit to seek fair compensation.
Can I file a lawsuit against the trucking company after a truck accident in Tulsa?
Yes, you may be able to file a lawsuit against the trucking company if they contributed to the accident. Trucking companies are often held liable (legally responsible) for their drivers’ actions or for negligence on their part. Situations where the trucking company may be responsible for causing the truck accident include:
- Hiring an unqualified or improperly trained driver.
- Failing to maintain the truck or conduct regular safety inspections.
- Pressuring drivers to violate hours-of-service rules or speed to meet delivery deadlines.
- Allowing a driver with a history of reckless driving or DUIs to operate a commercial vehicle.
Don’t take a trucking company’s word for what happened. Hire a lawyer who can investigate your truck crash and find out if the truck company’s actions (or inaction) played a role in causing your Tulsa truck accident.
Who can I sue after my Tulsa truck accident?
After a truck accident in Tulsa, you may be able to sue multiple parties depending on who was responsible for the crash. Identifying the at-fault parties is crucial to recovering full compensation. Who might be held liable?
- The truck driver: If their negligence, such as speeding or distracted driving, caused the crash.
- The trucking company: If they failed to maintain the truck, hired unqualified drivers, or violated safety regulations.
- A manufacturer: If a defective truck part, such as faulty brakes or tires, contributed to the accident.
- A cargo loading company: If improperly secured or overloaded cargo caused the crash.
A Tulsa truck accident lawyer can investigate your case to determine liability and hold the responsible parties accountable.
Should I file a Tulsa truck accident lawsuit?
Deciding whether or not to take legal action after a Tulsa truck accident is a tough decision. Filing a lawsuit may be necessary if the trucking company or their insurer refuses to offer a fair settlement. A lawsuit allows you to seek full compensation for your damages. When should you consider filing a lawsuit?
- The insurance company denies your claim or offers a low settlement.
- The trucking company disputes liability for the accident.
- You suffered severe or long-term injuries that require substantial compensation.
- The trucking company or driver acted recklessly, such as driving under the influence or violating federal regulations.
A Tulsa truck accident lawyer can guide you through the process of filing a lawsuit and represent you in court if needed.
Which courts handle Tulsa truck accident lawsuits?
Truck accident lawsuits in Tulsa can be filed in either state or federal court, depending on specific factors such as the parties involved and the amount in controversy. Understanding the appropriate jurisdiction is crucial for the proper handling of your case. Here's what you need to know:
- Tulsa County District Court: Located at 500 South Denver Avenue, Tulsa, OK 74103, this state court has jurisdiction over civil cases, including personal injury claims arising from truck accidents. If all parties are Oklahoma residents and the claim does not meet federal jurisdiction criteria, this is typically the appropriate venue.
- U.S. District Court for the Northern District of Oklahoma: Also situated in Tulsa, this federal court handles cases involving federal questions or diversity jurisdiction. Diversity jurisdiction applies when the parties are from different states and the amount in controversy exceeds $75,000. For example, if the truck driver works for an out-of-state trucking company, you may have the option to file your lawsuit in federal court.
- Venue considerations: In some instances, you might choose to file a lawsuit in the state where the trucking company is headquartered, especially if it could impact the case's outcome or convenience. However, this decision involves complex legal considerations, including personal jurisdiction and applicable state laws.
Consulting with an experienced Tulsa truck accident lawyer is essential to determine the most strategic venue for your lawsuit. They can assess the specifics of your case, advise on the appropriate court, and ensure all procedural requirements are met.
What types of damages can I recover after a truck accident in Tulsa?
If you’ve been injured in a truck accident, you may be eligible to recover compensation for economic and non-economic damages, the legal term for money awarded to someone for losses caused by an accident in which someone else was at fault.
Economic damages are financial losses with a specific financial impact, including:
- Medical expenses, including hospital stays, surgeries, and ongoing therapy.
- Lost wages if you’re unable to work temporarily or permanently.
- Property damage to your vehicle.
Non-economic damages are indirect financial losses that don’t have a precise financial impact, such as:
- Pain and suffering.
- Emotional distress.
- Loss of quality of life.
Punitive damages are also sometimes awarded to injury victims, especially if the at-fault party acted in an especially reckless or negligent manner. In such cases, a judge or jury may award punitive damages to the injury victim. Such damages are meant to send a message to the at-fault party and others that such behavior will not be tolerated.
Can I recover compensation if I was partially at fault for a truck accident in Tulsa?
Yes, you can receive financial compensation in Oklahoma as long as you are less than 50% at fault for causing the accident. This is because Oklahoma has what’s known as a "modified comparative negligence" insurance system, which is outlined in Oklahoma Statute 23-13-15. For example:
- If you’re found to be 30% at fault and your damages (total financial impact of your accident) add up to $100,000, your compensation would be reduced by $30,000 to $70,000.
Not receiving your full compensation can have a huge impact on your financial future. This can be especially frustrating if you didn’t do anything wrong but you’re still being blamed for causing your Tulsa truck collision. Your lawyer can level the playing field and gather evidence to minimize your percentage of fault.
How long do I have to file a lawsuit after a truck accident in Tulsa?
In Oklahoma, you generally have two years from the date of a commercial truck accident to file a lawsuit. This deadline is known as the statute of limitations. But just because you have two years to take legal action does not mean you should wait that long to file a lawsuit. Here’s why acting quickly is important:
- Evidence, such as truck maintenance records and driver logs, can be lost or destroyed over time. And without such evidence, you could have an extremely hard time building a strong legal case.
- Witnesses’ memories may fade, making their testimony less reliable. Witnesses also often move away and can be hard to locate.
- Filing a lawsuit after the two-year deadline typically means you lose the right to seek compensation, even if you have a strong legal case.
Don’t miss out on your opportunity to obtain the financial compensation you deserve. Talk to a Tulsa truck accident attorney at our law firm to learn more about your legal options.
Who investigates Tulsa truck accidents?
Several local, state, and federal agencies sometimes investigate commercial truck accidents in Tulsa depending on the circumstances of the crash. These agencies work to determine the cause of the accident and ensure compliance with safety regulations. So which agencies are involved? Here are the key ones:
- Tulsa Police Department (TPD): Handles investigations for truck accidents that occur within Tulsa city limits. They file official accident reports and may assist in gathering evidence at the scene.
- Oklahoma Highway Patrol (OHP): Investigates truck accidents that occur on state highways like I-44, I-244, and US-75. They also check for violations of state trucking laws.
- Federal Motor Carrier Safety Administration (FMCSA): Investigates compliance with federal trucking regulations, including hours-of-service rules, truck maintenance, and driver qualifications.
- National Transportation Safety Board (NTSB): May investigate significant truck accidents involving fatalities, hazardous materials, or major public safety concerns.
- Oklahoma Department of Transportation (ODOT): Examines road conditions and signage issues that might have contributed to the crash.
In addition to these agencies, your Tulsa truck accident lawyer can conduct a thorough independent investigation to build a strong legal case on your behalf.
What laws apply to commercial truck accidents in Tulsa?
Commercial truck accidents in Tulsa are governed by a combination of federal, state, and local laws. These laws regulate truck operation, maintenance, and driver behavior to ensure safety on the roads. Understanding these laws is critical to determining liability in a truck accident case. Here’s an overview:
Federal laws
Federal laws governing commercial trucks are primarily established by the Federal Motor Carrier Safety Administration (FMCSA) and include:
- Hours of Service (HOS) regulations: These limit how long truck drivers can be on the road to prevent fatigue. Drivers are required to rest after a certain number of driving hours. Learn more about HOS regulations on the FMCSA website.
- Weight limits and cargo securement: Trucks must comply with federal weight limits and properly secure their loads to prevent accidents.
- Driver qualification standards: Drivers must meet specific licensing and medical certification requirements to operate commercial trucks.
- Vehicle maintenance requirements: Trucking companies are required to inspect and maintain their vehicles to meet federal safety standards.
Oklahoma state laws
Oklahoma enforces additional laws specific to commercial truck operations, including:
- Oklahoma weight and size limits: Trucks must comply with state-specific size and weight restrictions. View Oklahoma's truck size and weight laws here.
- Intrastate trucking rules: Drivers operating only within Oklahoma must adhere to the state's intrastate commercial driving regulations.
- Reporting and insurance requirements: Oklahoma law mandates that trucking companies carry higher insurance limits for liability coverage.
Local Tulsa laws
Tulsa has specific ordinances and regulations that may apply to truck accidents, including:
- Truck route restrictions: Some areas of Tulsa restrict commercial trucks to designated routes to reduce congestion and accidents in residential zones.
- Permits for oversized loads: Trucks carrying oversized or overweight loads within Tulsa city limits must obtain a special permit.
- Noise and parking ordinances: Local laws govern where trucks can idle or park within the city to minimize disruptions.
Why these laws matter in your case
Understanding these federal, state, and local laws can help identify violations that may have caused or contributed to your truck accident. A Tulsa truck accident lawyer can review the facts of your case, analyze compliance with these laws, and hold the responsible parties accountable.
Should I talk to the trucking company’s insurance adjuster?
No, it’s best to avoid speaking directly with the trucking company’s insurance adjuster. After an accident, insurance adjusters and investigators will often contact injury victims to ask them questions that might seem simple or straightforward.
Don’t be fooled. If an insurance company investigator contacts you after your Tulsa truck accident, they’re likely searching for one thing – any information they can use to reduce or deny your truck accident claim.
So what should you do if a trucking company insurance adjuster contacts you after your Tulsa truck accident?
- Don’t answer their questions. Even saying something as simple as “yes” or “no” could be used to deny your truck accident claim.
- Refer all communication from the insurance company to your lawyer.
- Avoid signing any documents or agreeing to a recorded statement without legal advice.
Again, a Tulsa truck accident lawyer can deal directly with insurance companies on your behalf and make sure your rights are respected.
How much does it cost to hire a Tulsa truck accident lawyer?
Most Tulsa truck accident lawyers work on a contingency fee basis, which means you only pay if they win your case. Here’s what this means for you:
- There are no upfront costs for hiring a lawyer.
- Your lawyer’s fee is typically a percentage of the settlement or verdict.
- Many lawyers offer free consultations to discuss your case and explain their fee structure.
Our Tulsa law firm works this way. That’s because we believe truck accident injury victims should only have to pay us if we secure a financial settlement or verdict for them. Contact our law firm to learn more.
Why should I hire a Tulsa truck accident lawyer?
Hiring a Tulsa truck accident lawyer can significantly improve your chances of recovering the compensation you deserve. Truck accident cases are complex and often involve large trucking companies with aggressive legal teams. A lawyer can help by:
- Investigating the accident and gathering critical evidence, such as black box data and maintenance records.
- Identifying all liable parties, including the driver, trucking company, and manufacturers.
- Negotiating with the trucking company’s insurance provider to pursue maximum compensation.
- Filing a truck accident lawsuit on your behalf if necessary.
- Representing you in court if a fair settlement cannot be reached.
Get the truck accident lawyers Tulsa trusts
We'd be more than happy to meet with you at our Tulsa office for a free consultation. Or if you can't come to us, we'll come to you, whether that's at home, at work or in your hospital room. There's no cost and no obligation. We want to make you are aware of your legal rights and options in the wake of a devastating accident.
Don't wait to take legal action - the trucking company certainly won't. Contact us online or call our Tulsa office at (918) 496-9577.