The most common cause of truck accidents is driver error. Many factors can contribute to drivers making mistakes while behind the wheel, including fatigue, distracted driving, intoxication, and reckless driving. If you were injured due to the errors made by a truck driver, you could be entitled to compensation.
At BDIW Law, our team of truck accident drivers in Oklahoma has handled countless cases caused by driver error. We understand the threat an irresponsible truck driver poses and will do everything we can to hold the liable driver accountable. Contact us today by phone or through the contact form on this website to schedule a free consultation.
Trucking Companies Can Be Liable for Driver Fatigue
While you might think that the truck driver is the only one to blame if an accident resulted from driver error, this is not always the case. Driver fatigue is often caused by pressures put on truck drivers by their employers.
There is a history in the trucking industry of companies providing incentives to drivers who make it to their destination by an appointed hour. There can also be penalties for failing to deliver a load on time. The problem is that these proposed deadlines are often impossible to meet if the driver is following federal trucking regulations regarding hours of service.
If a trucking company is encouraging its drivers to violate these regulations, either directly or indirectly, by pressuring them to meet unrealistic deadlines, it could hold a level of liability if an accident results.
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Other Common Causes of Truck Accidents
In addition to driver error caused by fatigue, intoxication, recklessness, or distraction, there are many other common causes of truck accidents. Some of the other most common contributors to a crash include:
- Poor vehicle maintenance
- Road hazards
- Inclement weather
- Improperly loaded cargo
- Negligent hiring practices
- Incomplete or improper training
No matter what the cause of your truck accident is, an experienced attorney can help you identify the factors that led to the collision and who is at fault for the crash.
Damages You Can Recover After an Accident Caused by Driver Error
If you suffered a severe injury in a truck accident due to driver error, you can likely pursue a wide range of damages from the liable party. To recover the full value of your claim, you will need to identify all of the damages for which you are eligible. The exact damages that apply to your case will depend on the details of your accident.
Economic damages are any losses related to your accident that impacted you financially. The economic damages most often claimed after a truck accident include:
- Medical expenses
- Future medical costs
- Lost wages
- Damaged earning ability
- Property damage
Non-economic damages account for all the other losses caused by your accident. The non-economic damages most often claimed after a truck accident include:
- Decreased quality of life
- Mental anguish
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Permanent disability
In contrast to the compensatory damages mentioned in the previous sections, punitive damages are not used to compensate accident victims for the losses they suffered. Instead, the court awards punitive damages as a means of punishing the liable party for the role they played in causing the accident.
Punitive damages are not available in most truck accident cases. Instead, these damages are reserved for situations where the at-fault party acted with gross negligence or caused harm on purpose.
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How a Truck Accident Lawyer Can Help Get You the Money You Need After a Crash
When you hire a truck accident lawyer after a collision caused by driver error, they will take a variety of steps to ensure you recover the financial compensation you require from the at-fault party. One of the first things you can expect your lawyer to do is begin their own investigation into your accident. During this inquiry, your attorney will likely:
- Visit the scene of your accident
- Speak with eyewitnesses
- Review any available photographs and video of the crash
- Consult expert witnesses
- Obtain a copy of the police accident report
- Review your medical records in relation to any injuries you suffered
After completing their investigation, your lawyer will review all the damages you sustained and calculate the full value of your claim. The next step will be to either file an insurance claim with the liable party’s insurer or submit a personal injury lawsuit to the court.
If you are attempting to recover compensation through a lawsuit, your attorney will then go through all of the steps of the pretrial process and prepare to represent you in court. If your case has not been settled by the end of the pretrial process, your lawyer will fight for you at trial.
From the time you hire an Oklahoma truck accident attorney, they will also be in contact with opposing counsel, attempting to negotiate a settlement agreement. If a favorable deal can be reached, you will be able to get the money you need much quicker than by going to court and without having to worry about the unpredictability of a trial.
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Get a Free Consultation from an Oklahoma Truck Accident Lawyer
After suffering an injury in a truck accident caused by driver error, hiring an experienced lawyer will give you the best chance of recovering the compensation you need and deserve. At BDIW Law, our team of Oklahoma truck accident attorneys has a long history of helping our clients recover significant compensation.
Reach out to us today by phone or through our website to schedule a free case evaluation with a member of our legal team.
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