Truck accident claims often involve complicated liability. For example, you may end up filing claims against the trucking company that owned the vehicle that hit you or even the company that manufactured the truck.
These factors leave many drivers wondering: can I sue someone personally after a truck accident? Depending on the circumstances surrounding your accident, you may file a personal lawsuit in some cases.
Our team at BDIW Law can review your options for seeking damages. Call or fill out our online contact form to learn more.
Can You Sue Someone Personally After an Oklahoma Truck Accident?
Oklahoma uses modified comparative negligence laws and an at-fault system to handle truck accident claims. Our state allows you to file a claim against the individual who caused your accident and losses to seek compensation.
Therefore, you can personally sue someone following a truck accident in many cases. However, your truck accident lawyer may have to assess liability before you move forward with a claim to ensure you pursue the negligent party.
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When Can You Sue Someone After a Truck Accident in Oklahoma?
You might have a chance to file a personal lawsuit against another individual if they caused your truck accident through negligence. Drivers demonstrate negligence if they ignore their duty to you and take an action that directly causes your collision.
Truck drivers may directly cause a collision if they:
- Drive too fast for the conditions
- Change lanes without checking blind spots
- Backup without proper care
- Ignore red lights or stop signs
The following list contains only examples of dangerous behaviors that can result in a truck accident. Truckers often engage in reckless driving when they operate a vehicle while under the influence of alcohol, tired, or distracted.
If a lawyer shows a single individual caused your accident, you may have a chance to sue them personally.
When Can You Sue Companies or Groups After a Truck Accident?
In some cases, you can sue someone personally after a truck accident in Oklahoma. However, your lawyer may use a different strategy to bring you damages based on your specific situation and the liability for your claim.
In many cases, we file a truck accident claim against the trucking company, especially if:
- The accident occurred while the trucker was working
- The company failed to properly train the trucker
- The company loaded the truck in an unsafe way
- The company failed to perform proper truck maintenance
Additionally, we may file a claim against the truck manufacturer if a defect led to your accident. We’ll consider all aspects of your claim before filing a lawsuit.
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Do You Have to Sue Someone After a Truck Accident in Oklahoma?
You can file a lawsuit after a truck accident in Oklahoma. However, your lawyer may recommend that you seek to settle your claim out of court instead.
Settling with the insurance company may allow you to seek compensation more quickly while avoiding court fees. In addition, your legal team can negotiate with insurance agents on your behalf, striving to bring you a settlement that addresses all your financial losses.
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How do Lawyers Determine If You Can Sue Someone Personally?
Can you sue someone personally after a truck accident? The answer to this question often depends on whether or not your lawyer can prove an individual caused the wreck through an act of negligence.
In order to establish negligence, your attorney may investigate the accident. The steps in the investigation may involve the following:
- Questioning all witnesses to the truck wreck
- Obtaining a copy of your police report
- Working with a truck accident specialist
We vary the steps we take in each investigation to meet the specific needs of our clients.
What Happens If You Sue Someone for a Truck Accident?
If you decide to sue someone personally following a truck accident in Oklahoma, you can expect to go through several legal steps. First, the case generally involves a period of discovery where both legal teams gather evidence and build a claim.
After discovery, the trial may start. Your lawyer presents evidence on your behalf and makes the case that another individual caused your accident. Finally, the jury decides the resolution of your claim.
What Compensation do You Receive If You Sue Someone Personally?
Suing someone personally after a truck accident can allow you to secure funds to cover your losses. You may receive compensation for your healthcare expenses, property damage, and lost wages depending on your situation.
A lawsuit may also allow you to seek coverage for the pain and suffering associated with your accident. We can review the extent of your losses before you move forward with a lawsuit.
How Long do You Have to Sue Someone After a Truck Accident?
You may have around two years to personally sue someone after a truck accident in Oklahoma. However, after the two-year period, the state’s statute of limitations usually expires, making it more challenging to seek compensation for your losses.
However, exceptions exist for the statute of limitations. Sometimes, you may have less time to move forward with your claim. You can review the timeframe for your case by contacting a lawyer immediately following the collision.
Speak to Us About Suing Someone After a Truck Accident
Can you sue someone personally after a truck accident in Oklahoma? While you have this option in many cases, your lawyer may recommend settling the claim or pursuing a lawsuit against a company. Find out more about these options with our team at BDIW Law.
Call us or fill out our online contact form for a free consultation.
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