With its central location, it is no surprise that Oklahoma sees plenty of traffic from large trucks. These big rigs travel our highways to make deliveries around the country. They are an indispensable part of the economy, so truckers are under tremendous pressure to stay on schedule. That can lead to risky driving behaviors, which can cause severe—sometimes fatal—accidents.
If you have been injured in a truck wreck, you may wonder about your next steps. Some people believe that all they need to do is report the accident to the trucker’s insurance company and let them handle it. However, these collisions can be complex, and multiple parties may be responsible. Before accepting a settlement offer, you want to ensure that it is fair and will cover all your damages. A Lawton truck accident lawyer at AMA Law could review your case and advise you about your next steps. Call today to schedule your free consultation with one of our experienced personal injury attorneys.
In most wrecks, each party’s insurance company minimizes their insured’s responsibility. Insurance companies are profit-driven businesses—maximizing profits means minimizing settlements. That is even more true in truck accidents, where the entire company’s platform depends on keeping delivery costs as low as possible.
One way they may try to do this is by showing that a plaintiff shared responsibility for the collision. Frequently, all parties in an accident share some responsibility for it. In Oklahoma, being partially responsible for a wreck does not bar recovery. If a plaintiff is 49 percent or less responsible for the crash, they can still recover payments from the other parties for their injuries. Only if a plaintiff is 50 percent or more liable does the law bar them from financial recovery.
However, it is crucial to understand that comparative fault reduces damage award amounts. If the truck driver is 65 percent responsible for the accident, they will be 65 percent liable for the damages. So, a lawyer should not stop showing that the plaintiff did not have 50 percent or more of the responsibility—they need to show how much greater the trucker’s responsibility was.
A proactive Lawton truck accident attorney could investigate the circumstances of the wreck and collect the evidence necessary to establish fault and get the best possible settlement. They might look at accident reports from the scene, pictures of the accident, available videos, and more to get an accurate view of the accident. They may even enlist the help of accident reconstruction specialists to help recreate the accident to prove responsibility.
Commercial vehicles are immense, weighing up to 80,000 pounds. In contrast, the average weight of a passenger vehicle is just over 4,000 pounds. In a collision, the truck can do massive amounts of damage to the passenger vehicle. That is why truck wrecks often lead to severe injuries and even death.
Establishing damages becomes complicated when injuries are severe. In addition to determining current medical expenses and lost wages, one must consider:
For wrongful death actions, the calculations are even more difficult. Putting a price tag on a missing loved one can seem brutally cold. However, deaths are not just emotional losses—they are financial losses as well. Funeral expenses, lost income, and medical bills from the accident can quickly become overwhelming.
A knowledgeable and compassionate Lawton truck accident attorney could help with a damage valuation. By examining settlements and jury awards for similar cases, they could provide a range of reasonable settlement offers. They could also research to see who may be responsible for the crash. In addition to a claim against the trucker, an injured party may have claims against loading companies, employers, truck manufacturers, and more.
The aftermath of an 18-wheeler collision can be confusing, frightening, and busy. You may feel pressure to settle a case as quickly as possible because you need money for medical bills, lost wages, or funeral expenses. However, you should speak with a Lawton truck accident lawyer at AMA Law before making lasting decisions. Your attorney works for you and has your best interests in mind. They can ensure you have the information you need to make the best decision. Schedule a free consultation and discuss your case with one of our seasoned legal professionals today.