If you suffer an injury in a truck accident in Cushing, OK, hold the at-fault party responsible. There can be times when a negligent driver, their employer, or someone else is accountable. At these times, partner with a Cushing personal injury lawyer.
One of the best decisions you can make after a trucking crash is hiring the team at BDIW Law. Our Cushing truck accident lawyer has the experience and skills to help you maximize your compensation. Contact us today to learn more.
What to Do After a Truck Crash in Cushing
Trucks make up 5% of all registered vehicles in the United States, according to the National Safety Council (NSC). Many trucking drivers take precautions to avoid collisions. Regardless, crashes happen every day — if you are involved in one, here are things you should do:
Let medical professionals treat your injuries. If you need to go to an emergency room, make the trip. Along with these things, speak with police officers, and they will gather information to use in your accident report.
Use your smartphone to snap photos of the accident scene, your injuries, and vehicle damage. In addition, take videos of the crash site. The photos and videos you collect can be used as evidence if you file a personal injury lawsuit.
Get Contact Information
Ask the trucking driver for their full name, driver’s license number, insurance policy details, and other relevant information. Also, request the contact information of anyone who saw your collision. These individuals may serve as witnesses in a trucking crash trial.
File an Insurance Claim
Notify your auto insurance company about your trucking crash. Ideally, your insurer will work with the truck driver’s insurance provider, and they will make sure that you get fair compensation. Of course, there are no guarantees — and you may need to hire a Cushing truck accident attorney to help you get compensation.
Get Follow-Up Medical Care
Do not expect your injury to get better on its own. Continue to go to the doctor for follow-up appointments and receive physical therapy and any other treatments that they recommend. Keep a record of your medical bills.
Partner with a Truck Accident Attorney in Cushing
Contact a truck accident lawyer in Cushing who will answer frequently asked questions and many others about personal injury claims. An attorney can look at your case and go over your legal options with you. If a lawyer believes it is in your best interests to file a lawsuit, they will explain their reasoning and can help you submit your claim.
Per Oklahoma Statute §12-95, there is a two-year statute of limitations for personal injury cases. This means you have up to two years from the date of your trucking collision and injury to sue for damages. If you do not submit your claim within this window, you are 100% responsible for your accident costs.
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Who You Can Sue After a Truck Crash
The at-fault party in a trucking collision lawsuit depends on the case itself. In some instances, multiple parties are responsible. Common parties listed as defendants in truck accident lawsuits include:
- Truck driver
- Trucking company
- Vehicle parts manufacturer
- Cargo company
It can be difficult to hold someone accountable for a trucking crash. For example, the Amazon Flex platform lets independent contractors serve as delivery drivers. If one of these drivers causes a crash, you may only be able to hold the motorist responsible.
A Cushing trucking accident lawyer helps you figure out who is responsible for your collision and request damages accordingly. At BDIW Law, our team can calculate your losses and ask for compensation from any at-fault parties following your trucking collision. To find out more, get in touch with us.
How Much a Truck Crash Is Worth
Since every truck crash is treated as its own entity, there is no average amount that accident victims can get in personal injury lawsuits. In Oklahoma, you can request economic and non-economic compensation. The amount you ask for depends on a variety of factors, including:
- Medical bills
- Vehicle damage
- Lost wages
- Pain and suffering
If you want pain and suffering damages or any others, you need to build a compelling argument. Your attorney can use evidence and witness statements to show that you are in no way responsible for your collision. They want to illustrate that the at-fault party holds 100% of the accountability for your crash — otherwise, you may not get the full amount of compensation that you request.
Oklahoma has a modified comparative negligence standard in place. Based on this standard, you cannot get damages unless the at-fault party is at least 50% responsible. If you are found to be less than 50% responsible, the compensation that you are awarded is reduced by your percentage of fault.
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Elements of Negligence in a Truck Crash Case
To get compensation, you must prove that the at-fault party had a duty of care toward you and breached this obligation. The duty refers to a legal requirement to avoid reckless acts that could cause someone to get hurt. This requirement is breached when someone chooses to act carelessly to the point where they put others in danger.
You must also show that there is causation and damages in your case. Causation involves proving that because a duty of care was violated, you suffered an injury. Meanwhile, with damages, you must be able to verify that you incurred losses due to the at-fault party’s actions.
A Cushing trucking accident attorney can teach you about the elements of negligence and how they relate to your case. Over the course of your litigation, they can help you review evidence, gather witness statements, and prepare a strong argument. Your lawyer can also advocate for you and make it clear to a judge or jury that the defendant in your case is fully responsible for your accident.
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Get Started with Your Truck Accident Case
A truck collision case is challenging, but the team at BDIW Law is available to help you out. We operate with integrity and compassion at every step of your litigation. To request a free case consultation, contact us today.
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