Oklahoma Commercial Vehicle Accident Lawyer

Common Causes of Large Truck Accidents in Oklahoma

Although the number of injuries and fatalities related to large truck accidents in Oklahoma is increasing, the majority of these accidents are preventable. Most commercial vehicle accidents are caused by driver error or negligence.

In a report to Congress on the causes of commercial vehicle crashes, the Federal Motor Carrier Safety Administration (FMCSA) cited driver behavior as the main reason for more than 88 percent of large truck accidents.

Primary underlying factors included distracted driving, driver fatigue, and engaging in unsafe behaviors such as speeding.

Collisions between semi-trucks and passenger vehicles often result in severe injuries to passenger vehicle occupants.

Distracted driving most often applies to talking or texting on a smartphone while behind the wheel. In Oklahoma, all drivers are prohibited from texting while driving, although adult passenger vehicle drivers are still allowed to talk on their cell phones while driving.

It is illegal, however, for commercial truck drivers to use any hand-held device while driving.

It’s dangerous for anyone to drive when exhausted, but the hazards increase exponentially when you’re behind the wheel of a large truck carrying heavy cargo.

Truck driver fatigue is the most common cause of trucking accidents in which the truck driver is at fault. A 2020 study by the AAA Foundation for Traffic Safety found that more than 20 percent of fatal commercial vehicle crashes involved a drowsy or fatigued driver.

Unsafe vehicle operation is another common cause of large truck accidents. Many truck drivers face tight deadlines that pressure them into making dangerous decisions, such as driving too fast for conditions or driving longer hours than allowed by the FMCSA, the latter of which can also lead to operator fatigue.

Who is Liable for Your Injuries in a Commercial Vehicle Wreck?

Commercial vehicle and truck accident cases can be complex because there are multiple parties that could be held liable for your injuries, including the vehicle’s driver, the company that owns or operates the commercial motor vehicle, or the vehicle’s manufacturer.

With so many potential contributing factors and parties involved, determining liability for a large truck accident can be challenging. If you were hurt in a collision with a large truck, it’s advisable to gather as much evidence as you can and contact an experienced Oklahoma commercial vehicle accident lawyer as soon as possible.

Although most large truck crashes are caused by driver error, liability in truck accident cases isn’t always straightforward. Other factors in large truck accidents may include:

• Overloaded or improperly loaded cargo
• Vehicle defects or defective vehicle components
• Insufficient driver training
• Inadequate vehicle or trailer maintenance

Some large truck accidents are caused by defective vehicles or faulty vehicle components, such as tires or brakes.

At-fault parties in large truck crashes may include:

• The driver
• The trucking company
• The owner of the truck and/or trailer
• The cargo loading company
• The maintenance provider
• The vehicle manufacturer or vehicle parts maker

Companies are generally responsible for the actions of their employees. Unqualified management of a commercial vehicle fleet could lead to unqualified drivers. Employers may be liable for:

• Failure to properly train drivers
• Failure to maintain vehicle
• Negligent hiring practices
• Failure to verify proper driver licensing or certification
• Negligent supervision

Deciding who to sue (and where to sue) largely depends on the facts surrounding your case and how the accident was caused. An Oklahoma commercial vehicle accident lawyer with experience handling commercial vehicle accidents understands how to determine who the negligent party is.

The Law Office of Dakota C. Low has helped victims of commercial motor vehicle accidents stand up against large companies and corporations and get them the compensation they deserve. When up against a law firm with extensive legal and financial resources and a proven record of winning big cases, companies are more apt to offer an appropriate settlement amount.

When Can I Sue a Commercial Driver’s Employer? 

As long as the truck driver is an employee of a commercial vehicle or trucking company, your lawsuit will seek damages from both the driver as well the company that employs the driver. Oklahoma law is very clear on this, stating that commercial vehicle companies are responsible for the negligent actions of their employees. In addition to being responsible for driver negligence, commercial vehicle companies are also responsible for ensuring the following:

• Their drivers have obtained and maintained proper licensing to operate a commercial vehicle
• Their drivers have not committed any disqualifying criminal offenses that would compromise their CDL
• Their drivers understand they are prohibited from using handheld devices while driving
• Their drivers are in compliance with hours of service regulations at all times
• Their vehicles are properly maintained and inspected regularly

Failure to adhere to these regulations or any others coded in Title 49 of the Code of Federal Regulations and the Federal Motor Carrier Safety Act (FMCSA) can result in a trucking company being held responsible for your injuries. In some cases, your attorney may decide it is best for you to sue the trucking company only and not the driver.  This is because you are seeking compensation for your injuries and any other damages. While you may want to bring the driver to justice, limiting your lawsuit to the company might be the most financially viable action and the most likely to help you in your recovery.

What Kind of Injuries Result from Commercial Vehicle Accidents?

Depending on the size of the commercial motor vehicle and the severity of the wreck, injuries can vary widely. For example, a crash involving an 80,000 lb. semi-truck and a passenger vehicle could result in catastrophic injuries or death. Common commercial vehicle accident injuries include:

• Spinal cord injuries
• Traumatic brain injuries
• Internal organ injuries
• Fractures and broken bones
• Soft tissue injuries (such as whiplash)
• Cuts and lacerations
• Psychological and mental injuries