A truck accident attorney can provide you with exceptional legal representation when you have suffered devastating injuries and damages. A Ponca City personal injury lawyer will help you with every aspect of your civil lawsuit. While you heal, our legal advocates at BDIW Law can handle your insurance and civil claims, building a powerful claim against the at-fault party.
Truck accident cases can be extraordinarily complex. It is vital that you have a skilled truck accident lawyer in Ponca City on your side who can help you seek financial compensation for your injuries. Do not get stuck covering the costs when someone else is responsible for causing your collision.
Truck Accident Cases Often Have Multiple Defendants
Truck accident cases can become overwhelming due to the large number of defendants who may be liable for a victim’s injuries. A truck accident attorney in Ponca City can help you determine which parties may be responsible for your injuries. The following are some common defendants in truck accident cases:
- Truck drivers
- Truck companies
Other parties may potentially be liable for your injuries, depending on the facts of your case. It is imperative that you seek out the advice of a truck accident attorney in Ponca City to help you determine which parties should be named as defendants in a civil lawsuit. The more work you do on your case at the outset, the stronger your legal arguments will be.
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Why Truck Accidents Happen in Ponca City
As you work with our Ponca City truck accident lawyer, you are likely to find yourself facing the need to prove that the truck driver was responsible for your injuries and losses. To do that, we often look at what happened and why. The more information we can provide to the court about why this happened, the better it is for you as you seek compensation.
There are numerous reasons a truck accident can occur. Some involve negligent drivers while others involve trucking companies and government liability. The following are some of the most common we see in Ponca City:
Truck drivers spend a lot of time on the roadways, and that means they often talk to others, listen to podcasts, and engage in other activities behind the wheel. No matter how talented they may be, distracted driving is deadly and often is the cause of many of the truck accidents we have. This can happen if the driver is:
- Talking on the phone (even with a hands-free model)
- Changing the radio
- Engaging in personal hygiene tasks like putting on makeup
- Adjusting GPS systems
In any of these cases, their full attention is not on the road. Because they are behind such a large vehicle, they put a lot of people at risk. Our team can gather valuable evidence, including copies of the defendant’s cell phone records, against the distracted driver to ensure they are held accountable.
Drivers on the road for long hours can become tired. It is the responsibility of the driver to stop if they are tired and get the rest they need. There are also laws in place to minimize the risks to others on the road with drivers, including limiting how many hours in a row drivers can work.
The Federal Motor Carrier Safety Administration (FMCSA) requires that all drivers drive a maximum of 11 hours after a full 10 hours of consecutive break. However, there are other rules, too, including not being able to drive beyond the 14th consecutive hour after they come on duty, and being required to take breaks. Drivers who fail in these areas are likely to be held accountable.
Late schedules and even a bit of road rage can put people at risk as well. Often, truck drivers can be reckless if they are speeding or they are not changing lanes properly. They were not out to hurt someone, but in their rush to get to their destination, they could cause an accident that injured others.
Truck drivers are required to have special education and training to ensure they are capable of operating a truck properly. Yet, inexperience can play a big role in many of these accidents.
Drivers may not merge properly, they may not stop their vehicles soon enough, and other times, changes in road conditions and traffic can make it harder for the driver to operate, especially without experience.
Trucks need a lot more maintenance than other vehicles because of the number of hours they are on the road. Poor maintenance, especially to tires, lights, engines, and brakes, puts people on the road with truck drivers at risk. Fault equipment and repairs can also lead to dangerous situations.
The Common Types of Injuries Suffered During Truck Accidents in Ponca City
According to the latest truck accident statistics in Oklahoma, nearly 5,000 people were involved in truck crashes. Trucks may be carrying flammable or toxic materials that can cause devastating property damage during a truck accident, and many accident victims who suffer injuries during truck accidents require extensive medical treatment. The following are some of the most common types of injuries victims suffer during truck accidents:
- Third-degree burns
- Spinal cord injuries
- Traumatic brain injuries
- Bone fractures
Accident victims need to seek medical treatment even if they believe they suffered only minor injuries. It is possible for symptoms to not become noticeable until weeks or months after the date of the incident. Do not delay seeking medical treatment for your injuries because this may also cause insurance companies to claim that you did not suffer injuries during the truck accident.
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The Types of Damages You May Seek in a Truck Accident Case
Truck accident victims typically seek general damages and special damages. However, punitive damages may be claimed if the defendant committed willful, wanton, or malicious conduct. But punitive damages are rarely awarded, and it is best to seek out the advice of a Ponca City truck accident lawyer if you want to learn more about how punitive damages may relate to your truck accident case.
General damages are more subjective, while special damages are more objective. Common examples of general damages include emotional distress and loss of enjoyment of life. Common examples of special damages include lost earnings, medical bills, and property damage.
Seeking damages in a truck accident case can be difficult because multiple parties may be liable for your injuries. The facts of your case will dictate the amount of damages sought in the complaint. A Ponca City truck accident attorney will help you with every aspect of your civil lawsuit.
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Inherent Dangers in Communicating with Insurance Companies
Insurance claim adjusters may wish to speak with you regarding the claims you assert in your truck accident case. It is in your best interests not to speak to any insurance claim adjuster until you consult a Ponca City truck accident lawyer. Insurance claim adjusters may wish to record telephone conversations with you and use your words against you at a later point in your case.
Do not talk about the cause of the truck accident. Even if you want to say sorry to a fellow motorist at the accident scene, you should not do so. Insurance companies will claim that you caused the truck accident and that you did not suffer any injuries due to a truck driver’s negligent conduct.
You must be strategic when dealing with insurance companies. You need to understand that insurance companies are for-profit entities interested only in preserving as much of their earnings as possible. Therefore, they will deny liability and claim that you caused the truck accident.
The Benefits of Retaining a Truck Accident Lawyer in Ponca City
Retaining a Ponca city truck accident attorney will help you focus on your recovery while your legal counsel handles every aspect of your truck accident case. An attorney will be able to depose parties, conduct discovery, and prepare for trial. If you attempt to handle all of these facets of a truck accident case, then you may become overwhelmed:
- Negotiating with insurance providers
- Reviewing the truck driver’s employment, driving, and criminal records
- Collecting witness testimony
- Analyzing forensic evidence
- Examining prior complaints and accidents involving the trucking company
- Obtaining regular case status updates
- Calculating the value of your damages
- Renegotiating insurance settlement terms
- Preparing your case to be presented at trial
- Advocating for maximum compensation before a judge and jury
You will be able to take advantage of attorney-client privilege and attorney-client confidentiality if you retain a Ponca City truck accident attorney. These privileges will protect confidential information that is beneficial to your case. If you do not have legal counsel, then you may not be able to protect key information regarding your legal claims.
Costs of Hiring a Truck Accident Attorney in Ponca City
Do not let yourself feel intimidated by the anticipated costs of hiring a car accident attorney. While some types of lawyers work for clients on an hourly basis and require a retainer, this is not true for most experienced and compassionate personal injury law firms. Instead, BDIW Law works for our clients on a contingency agreement.
This means you will never need to have a down payment for our services or pay a retainer to get us on your side. In fact, when you work with a truck accident lawyer on contingency, your personal finances are never on the line. There may be costs that arise along the way, but we cover them on your behalf.
We work for you on a no-win, no-pay basis. You do not pay for your attorney’s services unless we win. If we lose, you do not pay anything for our efforts or the money we spent building your case.
The Four Elements of Negligence
To establish the liability of the truck driver or the truck company, you will need to prove the four elements of negligence. These four elements are duty, breach, causation, and damages. Every truck driver must act as a reasonably prudent person under similar circumstances.
Sometimes, truck drivers, truck companies, and other parties breach the duty of care, which causes a victim’s damages. When this happens, the truck driver, truck company, or other parties may be liable for the victim’s injuries. Therefore, it is important for you to seek out the guidance of a truck accident lawyer in Ponca City to ensure that you satisfy all four elements of negligence when you seek financial compensation for your injuries.
Get Started Before the Statute of Limitations Expires
You do not have an unlimited amount of time to pursue your truck accident case. We do not want you to feel overwhelmed, rushed, or pressured into filing your claim. With that being said, we do need to get started as soon as possible if you want your case to be successful
Oklahoma personal injury laws are very clear. You have only two years from the accident date to file your claim unless extenuating circumstances allow the statute of limitations deadline to toll or temporarily pause. This most often occurs when minors are seriously injured or the victim does not discover their injuries until days, weeks,months, or even years after the fact.
If you wait, the statute of limitations could expire. This could make it impossible to recover maximum compensation for your damages as the court system will no longer have the authority to hear your case. For this reason, it is pertinent that you get started on your case in a timely manner after the collision.
Contact BDIW Law Today to Schedule a Free Consultation
A reputable truck accident attorney at BDIW Law understands first-hand how overwhelming it can be to deal with a truck accident case. We have years of experience representing clients in truck accident cases throughout the State of Oklahoma. Contact us today to schedule a free consultation during which we can discuss the facts of your case.
You do not have to stand up to insurance companies alone. Reach out to us to learn more about the legal options available to you. We can help you seek monetary compensation for your injuries when you fill out our online contact form or call our office today.
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