Moore Blind Spot Truck Accident Lawyer
Trucks have the potential to cause devastating accidents, as their size and weight make them incredibly destructive to the average car. Truck drivers must take extra care when maneuvering on the road to avoid causing serious injury or death.
If you or someone you love has suffered a truck accident-related injury, you might benefit from the advice of a Moore blind spot truck accident lawyer. You do not have to spend precious time and money trying to figure out your case alone. A seasoned injury attorney could review the circumstances of your accident, help you avoid unnecessary drawbacks, and work to develop a plan of action for moving forward.
Comparative Liability Issues in Moore
One reason that a plaintiff may not be able to recover damages is Oklahoma’s comparative fault rule, which limits who is entitled to damages and how much they are entitled to.
Oklahoma follows a variation of the modified comparative fault rule called the 51 percent bar rule, codified in Oklahoma Code Title 23, Chapter 1, §13. Under this rule, blind spot truck collision victims in Moore can only recover damages if they are found to be less than 51 percent at fault for the accident in question. However, their damages would be reduced by their percentage of fault.
Drivers are required to prevent an unreasonable risk of harm while operating their vehicles. In many cases, a commercial vehicle driver who fails to check their blind spot before merging is determined to be more at fault. However, drivers in the blind spot could bear some responsibility if they were speeding or making an illegal pass on the right.
Filing a Lawsuit for Blind Spot Truck Wrecks
A successful injury lawsuit after a truck wreck can be broken down into three stages: pre-filing, filing and pleadings, and discovery and trial. A dedicated Moore lawyer could help a blind spot truck accident victim every step of the way.
Before filing a lawsuit, plaintiffs may seek relief through filing an insurance claim. Oklahoma allows claimants to file with their insurance company or with the at-fault driver’s insurance carrier. If insurance does not cover the economic and non-economic losses, plaintiffs may demand a larger amount. Both parties could then enter settlement negotiations and potentially settle the case before filing.
Filing, Pleadings, and Motions
If the case is not settled, blind spot truck collision plaintiffs in Moore must file their lawsuit within two years of the injury. After filing, both parties proceed to the pleadings and motions phase.
The defense could answer the plaintiff’s complaint, denying or accepting liability, or enter a motion to dismiss. This motion would end the lawsuit if approved by the court. Plaintiffs could also file a motion for summary judgment that would end the lawsuit in the plaintiff’s favor if approved.
Discovery and Trial
If the case is not settled and exceeds the pleadings phase, it moves into discovery, where both sides conduct factual investigations and depositions to gather evidence for trial. After discovery, the case could be settled, and motion practice could reenter. If not, the lawsuit goes to court. Both parties present their evidence, and the plaintiff has the burden of showing that the defendant caused their injuries. If the plaintiff loses at trial, they may appeal the decision.
Contact a Moore Blind Spot Truck Accident Attorney Today
Pursuing your injury claim could be challenging. Negotiating with insurance companies, following procedural guidelines, and dealing with complicated legal concepts is a difficult task for anyone without help from a legal professional.
A Moore blind spot truck accident lawyer could provide insight and direction into your case and help guide you toward the finish line. Discover your legal options by calling today.