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In Oklahoma, victims of accidents involving commercial trucks can file lawsuits against both the truck driver and the trucking company. Suing both parties offers several advantages:
- Increased compensation: Trucking companies often have higher insurance policy limits and more assets than individual drivers. By suing the company, you may be able to recover a larger settlement or judgment.
- Access to information: When the truck driver is a party to the case, you can obtain more information through the discovery process. This information can strengthen your case against both the driver and the company.
- Shared liability: In many cases, both the driver and the company may share responsibility for the accident. The company may have failed to properly train or supervise the driver, or may have encouraged unsafe practices. Suing both parties ensures that all liable parties are held accountable.
If you have been injured in a truck accident in Oklahoma, it is generally in your best interest to sue both the truck driver and the trucking company.
Liability in Truck Accident Cases
To determine who to sue, you must first establish liability. Several parties may be held liable, depending on the circumstances of the accident:
The Truck Driver
The truck driver may be personally liable if their negligence or reckless behavior caused the accident. Examples of driver negligence include:
- Speeding
- Distracted driving
- Driving under the influence of alcohol or drugs
- Failing to follow traffic laws
- Fatigue or drowsy driving
The Trucking Company
Under the legal doctrine of “respondeat superior,” the trucking company can often be held liable for the actions of its employees. If the truck driver was acting within the scope of their employment at the time of the accident, the company may be responsible for damages caused by the driver’s negligence.
The trucking company may also be directly liable if they:
- Failed to properly maintain the truck
- Did not provide adequate training to the driver
- Encouraged or pressured the driver to violate hours-of-service regulations
- Hired a driver with a history of safety violations or accidents
Other Parties
In some situations, other parties may share liability, such as:
- The manufacturer of the truck or its parts, if a defect contributed to the accident
- The cargo loader, if improperly loaded cargo, caused the accident
- A third-party maintenance company, if poor maintenance led to the accident
Factors to Consider When Deciding Who to Sue
Employment Status of the Driver
If the truck driver is an employee of the trucking company, the company is more likely to be held liable. However, if the driver is an independent contractor, the company may argue that they are not responsible for the driver’s negligence. It’s important to note that even if the driver is an independent contractor, you may still have a case against the company if you can prove they exercised control over the driver or failed to ensure compliance with safety regulations.
Insurance Coverage
Trucking companies typically carry higher insurance policy limits than individual drivers. Suing the company may increase your chances of receiving full compensation for your damages.
Ability to Pay
Even if the truck driver is found liable, they may not have the financial resources to cover your damages. The trucking company is more likely to have the assets and insurance coverage necessary to provide adequate compensation.
Complexity of the Case
Suing a trucking company can be more complex than suing an individual driver. The company may have a team of lawyers and resources to defend against your claim, making the process more time-consuming and expensive.
Oklahoma Laws Affecting Truck Accident Cases
Comparative Negligence
Oklahoma follows the doctrine of comparative negligence, which means that fault can be apportioned among multiple parties involved in an accident. If you are found to be partially at fault, your compensation may be reduced by your percentage of fault. However, you can still recover damages as long as you are less than 50% at fault for the accident (23 O.S. § 13).
Statute of Limitations
In Oklahoma, you generally have two years from the date of the accident to file a personal injury claim (12 O.S. § 95). It is crucial to consult with an attorney as soon as possible to ensure that you meet all applicable deadlines.
Damages in Truck Accident Cases
In a truck accident lawsuit, you may be able to recover damages such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Punitive damages (in cases of gross negligence or intentional misconduct)
How do I prove that the trucking company was negligent?
To prove that the trucking company was negligent, you may need to gather evidence such as:
- The driver’s employment records and training history
- The truck’s maintenance records
- The company’s safety policies and procedures
- Witness statements and expert testimony
Your attorney can help you collect and present this evidence to support your claim against the trucking company.
What if the truck driver was under the influence of drugs or alcohol?
If the truck driver was under the influence of drugs or alcohol at the time of the accident, you may have a stronger case against both the driver and the trucking company. The company may be liable for negligent hiring, supervision, or retention if they knew or should have known about the driver’s substance abuse issues.
In Oklahoma, employers are required to conduct drug and alcohol testing on drivers involved in accidents that result in a fatality or an injury requiring immediate medical treatment away from the scene (49 C.F.R. § 382.303). Failure to comply with these post-accident testing regulations can be used as evidence of the trucking company’s negligence.
What if the trucking company is based in another state?
If the trucking company is based in another state, you may still be able to sue them in Oklahoma if the accident occurred there. However, the process may be more complex, and you should consult with an experienced truck accident attorney who can help you determine the best course of action based on your specific case.