Rear-end truck accidents can result in significant property damages and serious injuries. Many drivers end up facing tremendous expenses after a wreck. When seeking compensation, people wonder: can you sue for a rear-end truck collision?
You might have the legal chance to file a lawsuit if a truck rear-ended you in Oklahoma if the other driver caused the collision. Our team at BDIW Law can assess your situation to determine if you qualify to file a lawsuit.
We’ll go over situations that allow you to sue another driver, and we can consider other legal options. Call or fill out our online contact form to learn more.
Who Can You Sue for a Rear-End Truck Collision in Oklahoma?
You might be able to file a lawsuit after a rear-end collision if another party caused the accident. Causing a crash makes the other party liable to cover the expenses you face due to the wreck.
So, who can hold liability after your accident? In many cases, the driver who rear-ended you is at-fault for the wreck. Truckers often rear-end other drivers because they:
- Drive too fast for the conditions
- Tail-gate other vehicles
- Fail to slow down properly for intersections or traffic lights
You may also have a chance to sue the trucking company, especially if the accident occurred due to improper maintenance on the truck. In some cases, lawyers sue the truck manufacturer for accidents caused by defects.
For example, let’s say a large truck rear-ended you because of a defect in the braking system. In this case, the trucker is not liable for your injuries, but the company that made the truck might have to cover your losses.
A rear-end truck accident lawyer can assess your situation to determine liability, helping you identify parties you could sue.
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How do You Sue Someone for a Rear-End Truck Collision?
Can you sue for a rear-end truck collision in Oklahoma? In many cases, yes, you have the legal right to file a lawsuit against someone who struck you from behind. In order to move forward with the claim, you can take these steps:
- Contact the police and report the rear-end car accident
- Seek medical care for all your injuries
- Gather evidence at the scene of the accident if possible
- Reach out to a rear-end truck accident lawyer
Generally, accident claims go through an insurance process before you file a lawsuit. Once you file a lawsuit with the court system, your lawyer can gather and present evidence on your behalf.
After both sides present their evidence, the court comes to a decision and may award you compensation to cover your losses.
Do You Have to Sue After a Rear-End Truck Accident?
According to the Federal Motor Carrier Safety Administration (FMCSA), around 29% of all accidents are rear-end collisions, making rear-end strikes the most frequently occurring kind of wreck.
However, most truck rear-end accident cases do not end in a lawsuit. Instead, many drivers choose to settle out of court, coming to an agreement with the insurance company representing the driver who struck them.
Settling your claim may allow you to secure compensation more quickly that filing a lawsuit. Settling also enables you to avoid court fees associated with a lawsuit. However, a lawyer may recommend a lawsuit in some cases.
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What Compensation do You Get If You Sue for a Rear-End Truck Wreck?
You can sue for a rear-end truck collision in many situations. Filing a lawsuit allows you to seek funds to cover your:
Rear-end truck accidents often lead to injuries like whiplash, spinal fractures, strains, and sprains. You may also break bones or experience internal injuries. Recovering from these injuries usually requires extensive medical care.
Fortunately, a lawsuit may allow you to secure funds to cover your initial care, time in a hospital, and physical therapy.
Collisions with large trucks can total smaller vehicles. A lawsuit or insurance settlement can allow you to secure funds to cover repairs or replacement costs for your car. Your lawsuit may also allow you to seek funds for other damaged items, like a cell phone broken in a collision.
The injuries from your truck accident could cause you to miss work. In this case, a lawsuit may help you secure funds to cover your lost wages and diminished earning potential. Your lawyer can track your total losses while working on your lawsuit.
Pain and Suffering
Finally, the individual at-fault for your rear-end truck collision may have to cover your pain, suffering, and mental anguish following the wreck. These accidents can leave you with feelings of depression or anxiety that can impact your life.
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Is There a Time Limit for Suing for a Rear-End Truck Collision?
Oklahoma has a statute of limitations for suiting after rear-end truck wrecks. Generally, you have about two years before the statute expires, making it harder to seek damages to cover your losses.
However, the statute of limitations may be shorter in some cases. For example, if a truck operated by a government employee struck you, you may have less time to move forward with a lawsuit.
Therefore, we recommend you begin discussing the potential of a lawsuit as quickly as possible after your rear-end accident.
Contact Us to Sue for a Rear-End Truck Wreck in Oklahoma
Can you sue for a rear-end truck collision in Oklahoma? You can file a lawsuit in many cases, though your truck accident lawyer may recommend settling out of court instead. You can discuss all your options with our team at BDIW Law.
Learn more about a lawsuit following a rear-end collision by calling or filling out our online contact form.
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