McAlester Truck Accident Lawyer

Helping Victims of Semi-Trailer & Commercial Truck Accidents

Semi-trailers are particularly dangerous to other motorists. In a collision, a passenger car is no match for a truck with a gross weight of 20,000 pounds or more, traveling at highway speeds. In almost every incident where a car driver and passengers survive such a collision, they are left with serious, often catastrophic, injuries.

Another result is that victims must typically battle with the trucking company for compensation to cover hospital bills, doctor bills, rehabilitation, lost wages, and future earnings capacity. At Stipe Law Firm, our 18 wheeler accident attorneys in McAlester have extensive experience standing up to trucking companies, and we are here to help when you need it most. Our lawyers are also highly effective in cases involving oil service truck accidents.

Understanding the Causes of Truck Accidents in McAlester

The first step in determining who is liable in any accident is identifying the cause of the accident itself. These causes usually involve one or more of the following:

• Driver fatigue. This may be due to an excessively heavy work schedule, or it may be caused by the driver’s reluctance to rest because they are being paid by the mile.
• Driver intoxication or substance abuse. Some drivers abuse alcohol and drugs, with disastrous consequences for other drivers. Driving a massive 18-wheeler while impaired can be criminally negligent.
• Aggressive driving. Truckers who tailgate smaller vehicles or change lanes regardless of the right of way can cause fatal accidents when they overrun a smaller vehicle. Drivers who are paid by the mile instead of salaried will often drive aggressively, change lanes unnecessarily, and exceed speed limits to make a few extra dollars.
• Failure to leave enough stopping distance. A large, fully loaded truck traveling at highway speed needs a much greater stopping distance than most other vehicles. Failure to leave enough room to allow for emergency braking is a major cause of rear-end collisions.
• Driving inappropriately for weather conditions. Failure to drive with proper tires or chains, or traveling at excessive speed on a wet or icy highway, is likely to cause a commercial truck to jackknife or overturn and collide with other vehicles nearby.
• Inadequate training and experience. Although both a commercial driver’s license (CDL) and special training and examinations are required to operate a semi-truck, continuous training is a necessity that some trucking companies ignore to the detriment of their own and other drivers.
• Improperly loaded truck. An improperly loaded truck will become unbalanced while driving on curves and is likely to overturn.
• Poorly maintained/defective truck. The potential danger an 18-wheeler can cause is increased when it also has faulty brakes, inoperable lights, or defective steering.

Any of these factors can contribute to an accident leading to catastrophic injury or even death. Trucking companies and insurers will work hard to bury the evidence, but our firm fights for the result you need.

Contact McAlester's trusted 18 wheeler accident attorneys by calling (918) 505-7741 today. Seek compensation with our skilled legal team.

Determining Fault in Your Oklahoma Truck Accident

Both investigative skills and detailed knowledge of trucking laws are required to have a successful claim after an accident. A McAlester truck accident lawyer or investigator must research the extensive records kept by the trucking company to determine its liability, if any. These records include the driver’s time and distance reports, the vehicle’s service and repair records, and any electronic data recordings of the truck’s speed, braking, and operating times.

Filing timely legal motions, requiring the company to retain the damaged truck for examination, is essential. Ultimately, defendants may include the truck driver, the trucking company, contractors who supplied parts or serviced the truck, the truck’s manufacturer, government entities who negligently failed to inspect or improperly inspected the truck, or even insurance companies. Our experienced legal team looks closely at your situation to determine liability.

Understanding Liability in Truck Accidents

Unlike car accidents where liability is generally straightforward, several parties could be determined liable for a truck accident depending on the circumstances of the claim. Since employers are responsible for their employees while they are on the clock, a company could be found liable for an accident if their driver was proven negligent.

The truck driver could be liable for an accident if they drive and maintain their own truck or if they are an independent contractor for the company they are driving for. There are, of course, exceptions to these general rules; for instance, if a driver was running a personal errand on his own time with a company truck, the company may claim they are not liable. In all instances, truck accidents are usually complex and require a full investigation to determine liability and negligence.

Determining liability in truck accidents involves evaluating numerous components, such as the potential role of cargo owners in improperly loading freight, which could cause accidents due to imbalance. Furthermore, the role of third-party maintenance providers in ensuring a vehicle's roadworthiness must be scrutinized. This complexity underscores the necessity for a comprehensive legal approach, delving into each aspect that might contribute to an accident, ensuring that every liable party is identified, and that justice is pursued in all its potential dimensions.

Insurance Considerations in Truck Accidents

Dealing with insurance companies can be a daunting task following a truck accident. Insurance policies for commercial trucks are often significantly more complex than those for personal vehicles, with much higher coverage limits. This complexity can work both in favor of and against the victim. On one hand, the possibility of securing higher compensation exists, but on the other, insurance companies are especially vigilant and employ aggressive tactics to minimize payouts.

Understanding these policies requires a deep familiarity with insurance law and the specifics of commercial trucking policies. At Stipe Law Firm, we navigate these intricacies by leveraging our legal experience and negotiating tactfully with insurers. Our objective is to ensure you receive just compensation that reflects the true extent of your injuries and losses. By comprehensively analyzing policy details, we strengthen your claim and counter the strategies often used by insurers to limit their financial exposure.