Stillwater Truck Accident Attorney
Personal Injury Representation Throughout Payne County, Guthrie, Pawnee, Perry, Ponca City, and all of Oklahoma State
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Truck Accidents Can Be Very Complicated Cases
Due to their great size, weight and speed, accidents involving trucks, tractor trailers and 18-wheelers can cause death or catastrophic personal injuries which require significant medical treatment.
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Truck accident cases can be extremely complicated. Make sure you protect your legal rights by hiring the most experienced Stillwater truck accident attorney you can find so that you may receive the amount of money you rightfully deserve. We work on a contingency fee basis — there’s no cost to you unless we win.
Client Testimonial / Mary K.
“In 2014 I had been married almost 31 years when my husband passed away from an accident. I’d lost the love of my life, my rock and the person I counted most! He was in many ways my financial support system… Murray Law Firm worked over three years on my case with a 6 day trial at the conclusion… I couldn’t have been more pleased with the efforts that Murray Law Firm gave on my behalf and that of my family. They worked really hard to get us a fair settlement and will be my first choice in the future for legal matters. I can never say THANK YOU enough!”
Hire Your Truck Accident Attorney as Soon as Possible
First, it is very important to hire a Stillwater truck accident attorney as soon as possible. As noted below, the filing deadlines to protect your potential insurance benefits and lawsuit award should be dealt with immediately by you and your attorney.
Many truck accidents occur due to truck drivers who allow themselves to be distracted, speeding trucks, overloaded trucks and/or overtired truck drivers, among other causes. Trucking companies can be very difficult to deal with after a truck accident. Many companies will not answer their phones or even give you the truck number or truck driver name involved in your accident. Hiring a strongly experienced Stillwater truck accident attorney can help your case by immediately conducting a thorough investigation as well as obtaining the truck company’s accident, repair, maintenance, and driver records.
Oklahoma is a Traditional “Fault” State for Truck Accidents
In Oklahoma, if you are injured in a truck accident, your options to recover a damage award are governed by its accident “fault” rules.
This means that if you are injured in a truck accident, the defendant (truck driver, truck company and/or other vehicle drivers) who caused the accident is at “fault” and responsible, through their insurance company, to pay for the following types of damages you may have suffered: lost wages, damage to your vehicle, medical bills, pain and suffering, scarring and disfigurement, disability, emotional distress, and loss of consortium.
In Oklahoma, you can file an insurance claim with your own insurance company or file a claim with the defendant’s insurance company. You may also file a lawsuit in court. Insurance benefit filing deadlines are short and require immediate action. Ask your attorney to help you file all necessary paperwork on time.
If you choose to sue the defendant in court for your truck accident, you and your attorney need to prove that the defendant you are suing owed you a duty of care, that they failed to perform this duty of care either by their action or failure to act while driving either their personal truck or their company’s/employer’s truck, that this defendant caused the accident, that they are therefore responsible for your injuries and that your injuries resulted in money or other types of damages. If both the truck driver and the trucking company are at fault, you may sue both in court.
However, truck accident cases are complicated. For example, although a truck driver may have hit you, another driver may have caused the truck driver to swerve into your path. Road conditions and weather also have to be taken into account, as does your own portion of fault in causing the accident, if any.
Getting Compensation Even if You Partially Caused the Accident
It should be noted that, in Oklahoma, if you are found to be partially responsible for your truck accident, then your awarded damages will be reduced according to your percentage of fault. However, if you are found to be 51% or more responsible for the accident, you will not be entitled to receive any amount of damages — at 50% or less, you can still recover.
Importance of Hiring an Stillwater Truck Accident Attorney as Soon as Possible
It is very important to hire a truck accident attorney as soon as possible. In Oklahoma, most truck accident cases must be sued against the defendant or defendants who caused the accident within 2 years from the date of the accident. This 2-year period is called the “statute of limitations.” If you fail to sue your case with the court within the 2-year period, your case will be thrown out and you will be unable to obtain either a fair settlement or damage award at trial.
Please note that, if you are injured in a truck accident while you are driving your vehicle in your capacity as a worker or employee, you may need to file a worker’s/workman’s compensation claim to protect your rights. Ask your attorney.
Another reason to hire an attorney right away is that memories, witnesses, and evidence of your truck accident case will tend to fade away over time. Prompt investigation of the facts by your attorney will help make sure your truck accident case’s evidence is protected for your benefit.
Finding the Right Attorney for Your Truck Accident Case
Be sure to ask friends, business contacts, and family for referrals to attorneys who have strong trial experience in truck accident cases. Do not hire an attorney who is merely a general practitioner or handles cases in several different areas of the law. You need an attorney who specializes in Oklahoma truck accident cases.
In addition, while interviewing possible attorneys to represent you, ask them how many trials they have personally handled in truck accident cases. The insurance company will be much more willing to make reasonable settlement offers to settle your truck accident case if they know you have retained an experienced Stillwater truck accident attorney. When you interview possible attorneys, be sure to ask whether you will be regularly dealing with them directly, or their junior associate, paralegal, or nurse.
Most truck accident attorneys will expect to be paid roughly 1/3rd of any legal recovery you may receive, whether through settlement or trial award, as part of a contingency fee arrangement. However, you do not have to pay any money out of pocket to hire an experienced Stillwater truck accident attorney to represent you. It is the attorney who pays all of your case’s expenses and out of pocket costs up front, such as filing fees and office expenses as well as the hiring of expert witnesses to prove fault, and/or the amount of your damages.
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It is important to respond quickly to any questions or requests for information that your attorney sends to you. The faster you respond, the faster they can move your truck accident case along. However, if you feel that your attorney does not return your calls, e-mails, or texts quickly, you should consider changing attorneys.
Importance of Seeking Medical Attention
If you have suffered a serious personal injury as a result of your truck accident, seek medical attention immediately. Some injuries, pain, and limitations are not immediately noticeable and may take time to develop. You may not even be aware that you have suffered an injury immediately after your truck accident. Your attorney may recommend a doctor to you so that all of your injuries will be properly documented and treated.
The longer you wait to seek medical attention, the harder it may be for your attorney to relate your injuries to your truck accident and therefore prove your case.
The Insurance Companies Aren’t Your Friends
If you are contacted by a representative of an insurance company, do not respond. The insurance company is not on your side. They want to pay you as little as possible for your truck accident. After you hire your truck accident attorney, ask your attorney to respond to the insurance company.
If either your insurance company or the defendant’s insurance company makes an early settlement offer to you in order to settle your truck accident case, you should understand that the offer will be low and nowhere near the amount you could possibly receive through a later settlement or trial.
Beware – accepting an early settlement offer will prevent you from proceeding with your truck accident lawsuit against the responsible defendant or defendants. Insurance companies usually make much higher settlement offers once a truck accident case approaches its trial date, especially if your attorney is known to have a good deal of Oklahoma truck accident trial experience. The insurance companies will know the names of attorneys that go to trial.
Remember, truck companies, their insurance companies and their attorneys are focused on only one thing – paying you as little as possible for your accident. And that’s not right. That’s why we will do everything we possibly can to make sure you receive a fair damage award.
Although the legal process is slow, we will do our best to push the insurance companies to move faster and will do everything in our power to make your case take as little time as possible.
If you need a strong and dedicated Stillwater truck accident attorney, please call us today for a free initial consultation.
Frequently Asked Truck Accident Questions
What should I do after a tractor trailer accident?
When someone is injured in a tractor trailer wreck, two things need to happen quickly. First, get medical treatment right away, even if you don’t think you’re seriously hurt — some injuries take time to surface, and a thorough evaluation protects both your health and your claim. Follow your doctor’s orders closely; rest when told to rest, complete recommended tests and therapy, since failing to do so can be used against you later.
Second, hire an experienced tractor trailer attorney as soon as possible. These cases are highly technical — trucks carry electronic devices recording speed, braking, and turn signals, along with electronic logs showing how long a driver has been on the road and whether they’ve taken required rest breaks. An experienced attorney knows how to preserve this evidence quickly, since trucking companies and their insurers will not volunteer it, and much of it can be lost or overwritten if action isn’t taken right away.
What mistakes should I avoid after a truck accident?
The biggest mistake is trying to handle a truck accident injury claim alone. These cases involve extensive federal regulations that take an experienced attorney to navigate. Evidence can be lost quickly, so it’s important to document the scene yourself with photos beyond what law enforcement captures. Above all, don’t wait to see what the insurance company offers before hiring a lawyer — that delay is exactly what the insurance company is hoping for, since it gives them time to let evidence disappear and pressure you toward a lower settlement.
What steps should I take after a truck accident?
Your health comes first — getting you to the right doctors and specialists, coordinating treatment and therapy around your schedule, and making sure nothing is overlooked. Once you’re situated, the investigation begins immediately, because evidence in these cases disappears quickly. Tractor trailers carry electronic devices recording speed, braking, and driver hours, and we work with investigators and accident reconstructionists to analyze the scene and determine what caused the wreck.
We also work with trucking safety experts to determine whether Federal Motor Carrier Safety Regulations were violated, and we move quickly to identify and preserve contact information for every witness — since trucking companies operate nationwide, waiting even a year can mean witnesses can no longer be found. The only party that benefits from delaying an investigation is the trucking company and its insurer, so we start working on your case immediately.
How do I choose the best attorney for my truck accident claim?
Look for an attorney with real experience handling tractor trailer injury cases specifically — whether the accident happened within city limits or on the interstate, these cases are technical and require a proven track record. Your attorney needs the experience to locate and work with the right experts to build a full and fair recovery. Investigate every attorney you’re considering to confirm they have real experience with truck accident cases specifically, not just general practice.
What makes truck accidents different from regular car accidents?
Truck accidents are far more complex than car accidents due to multiple factors: injuries are typically more severe because of the truck’s size and weight, federal trucking regulations govern the industry, multiple parties can be liable (the driver, the trucking company, maintenance providers, and cargo loaders), extensive insurance coverage often involves multiple policies, and specialized evidence like black box data, logbooks, and maintenance records comes into play. Stillwater truck accident attorney James V. Murray has the expertise to navigate these complexities and hold all responsible parties accountable.
Should I speak to the insurance company after a truck accident?
No — avoid speaking directly with the trucking company, its attorneys, or its insurance adjuster. They are not on your side, and their goal is to pay as little as possible. Hire an attorney immediately so all communication can go through them instead, protecting you from statements that could later be used against your claim.
How long do I have to file a truck accident lawsuit in Oklahoma?
Oklahoma law requires truck accident lawsuits to be filed within two years from the accident date. However, immediate action is critical in truck accident cases because crucial evidence like electronic logging device data, black box recordings, and maintenance records can be destroyed or overwritten. Trucking companies often send investigation teams to accident scenes within hours. Contact Stillwater truck accident lawyer James V. Murray immediately to preserve vital evidence and protect your rights.
Who can be held liable in a truck accident case?
Multiple parties may be liable in truck accident cases, including the truck driver for negligent operation, the trucking company for inadequate training or maintenance, the cargo loading company for improper loading, maintenance providers for faulty repairs, parts manufacturers for defective components, and brokers or shippers for negligent hiring. Unlike a typical car accident, Oklahoma law may also allow you to bring the trucking company’s commercial insurer directly into the case. Stillwater truck accident attorney James V. Murray conducts thorough investigations to identify all liable parties and maximize your compensation by pursuing claims against everyone responsible.
What evidence is important in truck accident cases?
Critical evidence in truck accident cases includes the truck’s black box data recorder, electronic logging device records showing hours of service, driver qualification files and training records, truck maintenance and inspection records, cargo loading documentation, the driver’s logbook, cell phone records, dash cam or surveillance footage, the police accident report, witness statements, photographs of the accident scene, medical records, and expert accident reconstruction analysis. Stillwater truck accident attorney James V. Murray knows how to obtain and preserve this evidence quickly before it’s lost or destroyed.
How much is my truck accident case worth?
There’s no simple answer up front — a full evaluation can take up to a year, since it requires gathering information about the truck driver, the trucking company, any leasing company involved, and how the truck was maintained. None of this comes voluntarily; it has to be obtained through the legal process. The value of your case also depends on the severity of your injuries, which can take time to fully determine. While we can’t quote an exact figure early on, we can commit to doing everything possible to secure a fair, full recovery for your case.
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