A truck accident in Guthrie, OK can leave you with an injury, along with steep medical bills. If you suffer a trucking crash injury due to someone else’s negligence, sue the at-fault party. To do so, partner with an Guthrie personal injury lawyer.
If you want to work with an experienced trucking collision attorney, choose BDIW Law. Our Guthrie truck accident lawyer is available to take a look at your case. Contact us today.
Truck Regulations in Oklahoma
The federal government has regulations in place that apply to truckers and trucking companies in Guthrie. These regulations are designed to protect truck drivers and other motorists and pedestrians. They include:
Hours of Service
There are hours of service restrictions designed to minimize the risk of fatigued driving that can lead to accidents. These restrictions are placed on how long a trucker can operate a vehicle over the course of a work shift, per the Federal Motor Carrier Safety Administration (FMCSA). They include requiring truckers to take a 30-minute break for each cumulative driving period of eight hours and a limit of 60/70 hours of driving over seven to eight consecutive days.
Drinking and Driving
It is illegal for anyone with a commercial driver’s license (CDL) in Oklahoma to operate a vehicle if they have a blood alcohol concentration (BAC) of 0.04% or higher. According to the Oklahoma Department of Public Safety, a trucker who is convicted of drinking and driving can lose their CDL for one year. If a truck driver is traveling in a vehicle that has a placard for hazardous materials and gets convicted of driving under the influence, they can lose their license for three years.
Texting While Driving
Since 2015, it has been against the law for any motorist to text while driving in Oklahoma. If a truck driver looks down at their cell phone and sends a text, they are distracted, and they can cause an accident. If a distracted trucker gets into an accident, there is a chance that they will lose their job, too.
Logbooks and Inspections
It is a trucker’s responsibility to keep a daily log of their activities. The driver must track their total miles driven for a day, total hours for a 24-hour service window, and other relevant information. If a driver chooses not to do so and causes a trucking accident, both the trucker and their employer may be deemed negligent.
If you believe a trucker violated any regulations during your accident, you must be able to prove this point. A Guthrie truck accident attorney from BDIW Law can help you verify that a trucker, their employer, or any other at-fault party was negligent, which led to your crash and injury. To learn more, reach out to us.
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SPEAK TO AN ATTORNEY TODAYWho Is Liable in a Guthrie Trucking Accident
In a car accident, it is often apparent who is responsible for the crash. This is not always the case in a trucking crash. To figure out who is liable for your truck accident, you must be able to show that the following elements of negligence were present at the time of your crash:
- Duty of Care: An at-fault party must be reasonably expected to act with caution around you and anyone else.
- Breach of Duty of Care: The party breached their duty of care to you, which led to your crash.
- Causation: Because the party had a duty of care to you that was breached, your accident happened, which resulted in an injury.
- Damages: The injury that you suffered in your accident caused you to incur quantifiable losses, subjective damages, or both.
Some of the parties who can be found accountable for a trucking crash include the driver involved in your accident, their employer, or the owner of the truck. There are instances where a truck defect contributes to a crash, which may allow you to sue the vehicle manufacturer. Also, there are times when a government entity can be sued since they did not maintain a road where a truck collision happened.
How Much Time You Have to File a Trucking Crash Lawsuit
Based on Oklahoma Statute §12-95, you have two years from the date you suffer an injury to sue an at-fault party. This means you can submit a claim against a trucker, their employer, or anyone else responsible for your trucking crash within two years of when it happened. If you do not file your lawsuit within this period, you are solely responsible for your crash-related losses.
A truck accident lawyer in Guthrie can submit your claim within Oklahoma’s statute of limitations. They can gather evidence and witness statements to support your argument. Your lawyer can also negotiate a settlement on your behalf.
The damages that you receive in a trucking crash lawsuit depend on the severity of your injury and other factors. For example, if you suffer a head injury, your lawyer can collect medical records and other evidence that highlights how this issue will affect you for many years to come. They can prepare an argument designed to help you get compensation that will cover any head injury treatment costs and similar expenses now and in the future.
How Comparative Negligence Can Affect Your Truck Crash Case
Oklahoma is classified as a “fault state.” If you are involved in a truck crash caused by the other driver, you can file a claim with the at-fault trucker’s insurance company. When the insurer or the trucker’s employer fights your claim, you may need to move forward with a personal injury lawsuit.
A truck accident attorney in Guthrie can walk you through the process that comes with filing a lawsuit. They can explain how you must show that the defendant in your case was 100% responsible. If you do not, you risk missing out on compensation.
Since Oklahoma follows a comparative negligence statute, you must prove that the defendant was primarily or solely responsible for your collision. Otherwise, if a court finds you to be mostly responsible, you cannot get compensation. On the other hand, if a court deems you to be less than 50% accountable, the damages awarded can be reduced by your percentage of fault.
Get Started with Your Trucking Accident Claim
Submit your truck accident claim before it becomes too late to do so. BDIW Law can help you with your claim. To request a free consultation, contact us today.
