Semi Truck Accidents in Oklahoma
KANIA LAW OFFICE is a Tulsa, Oklahoma Personal Injury Law Firm

If you or a loved one is involved in an accident with an 18 wheeler, semi truck or tractor trailer in Oklahoma you can easily comprehend the fear which results from the mismatch in size between your automobile and the semi truck. With this difference in size a semi truck is capable of causing damage to an automobile, and its passengers far beyond the more typical car v. car accident. Because the trucking industry and their drivers are governed by both state and federal laws which are more complex then are those imposed on the typical user of an Oklahoma road you need experienced Oklahoma truck accident attorneys to evaluate your claim. 

The U.S. Department of Transportation National Traffic Safety Administration has a legislative mandate under Title 49 of the U.S. Code to issue federal motor vehicle standards. The USDOT mandates that trucking companies and their drivers have in place special accident and accident prevention policies and procedures. These policies and procedures involve driver's hours of service on the roads before rest, and among another things vehicle inspection, repair and maintenance of the particular vehicle. The personal injury truck accident attorneys at the Kania Law Office have the experience you need in your corner when dealing with the complexities of semi truck accidents.

What must an injured person in Oklahoma prove?

Oklahoma personal injury law is intricate, but typically requires that the claimant prove (1) an injury has been sustained, (2) the defendant was negligence, and (3) the negligence was the direct cause of the injury sustained.  Oklahoma Jury Instructions - Civil § Instruction 9.1.  Negligence can be defined as the "failure to exercise care to avoid injury to another person."  Oklahoma Jury Instructions - Civil § Instruction 9.2.  Ordinary care is the care which a reasonably careful person would use under the same or similar circumstances.

In addition to the three elements enumerated above, an injured person must be mindful of the possibility of the defense of comparative negligence.  Oklahoma has adopted the comparative negligence doctrine, which abolished the contributory negligence in Oklahoma.  The contributory negligence would disallow recovery by an injured person whose actions in some way, however small, contributed to the injury.  The Oklahoma standard of comparative negligence, allows recovery by a injured person, so long as the the injured persons negligence was not greater than the negligence of a the defendant.  Okla. Stat. tit. 23, § 13 (1979).  However, where an injured person is partially responsibility for his or her injury, damages may be apportioned between the injured person and the defendant under comparative negligence.  Okla. Stat. tit. 23, § 14 (1979).    

What is the Burden of Proof in an Oklahoma Semi Truck Accident Negligence Case?

In order to prevail at a trial for the recovery of damages sustained in a 18 wheeler accident, the aforementioned elements of negligence must be proven to the jury or judge by the "preponderance of the evidence" or the "greater weight of the evidence," as it is described in Oklahoma Jury Instructions - Civil § Instruction 3.1.  This is a much lower standard than the "beyond a reasonable doubt" burden most people are familiar with for criminal prosecution.  Generally stated, it has to be more probable than not that the defendant was negligent and caused the claimed injuries.  

What damages is an injured person in Oklahoma entitled to?

In an Oklahoma personal injury trial, the jury is instructed to consider the following when determining the award an injured person is entitled to:

• His or her physical pain and suffering, past and future;
• His or her mental pain and suffering, past and future;
• His or her age;
• His or her physical condition immediately before and after the accident;
• The nature and extent of his or her injuries;
• Whether the injuries are permanent;
• The physical impairment;
• The disfigurement;
• Loss of earnings and/or time;
• Impairment of earning capacity; and
• The reasonable expenses of the necessary medical care, treatment, and services, past and future.

Oklahoma Jury Instructions - Civil § Instruction 4.1.  When the negligence of another person causes death, members of the decedent's family may be entitled to additional or different compensation under a wrongful death action.   

What should a person injured in a semi truck accident do?

Immediately following an accident, it is important that you act in a manner to protect your rights and the evidence.  A person injured in an Oklahoma semi truck accident should immediately:

• Check everyone's condition and call 911 if medical attention may be needed by anyone.
• Call the police and ensure that a detailed and accurate traffic collision report is made prior to leaving the scene.  The police report is the single best evidence of the causation of a semi truck accident.
• Do not make any statements to anyone other than the police regarding the causation of the accident.  Do not admit fault, simply detail the events as they occurred.
• If possible, and safe for all parties, preserve the scene of the accident until the police arrive.  This means not moving any vehicles and having possible witnesses remain at the scene.
• Gather the negligent party's name, driver's license number, and address.
• Obtain the other driver's insurance company and policy number. 
• In the event there are witnesses to the accident, gather their contact information and a description of what they witnessed.  
• If safe to do so, take pictures of the scene, all vehicles involved, and all injuries sustained.
• Call your insurance company and advise of the incident.
• Contact an experienced Tulsa injury attorney for a free consultation regarding your rights.  Truck accident attorneys, such as the personal injury Oklahoma lawyers at the Kania Law Office, will work to  ensure that the insurance company treats you fairly and fully compensates you for the injury.

The Tulsa lawyers at the Kania Law Office have the experience to effectively establish and advance the facts and circumstances of your Oklahoma personal injury truck accident case in a manner which protects your right to fair and just compensation.  If you have a personal injury lawsuit in Oklahoma it is important that you consult with a Tulsa injury attorney quickly, to protect your rights and preserve important evidence.  Additionally, there are statutory limitations which restrict when a claim can be brought.

If you would like a free consultation with an Oklahoma personal injury semi truck or car accident attorney from the Tulsa Lawyers at the  Kania Law Office please call (918) 743-2233 or fill out this form.  The Kania Law Office can provide its personal injury clients with referrals to doctors, rental car providers, and Tulsa area auto body shops and accident collision repair centers.