Truck accidents often result in severe injuries and complex legal challenges due to the size of commercial trucks and the regulations they are bound by. At Gorospe Law Group, we are experienced in representing victims of Tulsa truck accidents. Our legal team is dedicated to providing the legal representation you need to face your claim and secure the compensation you deserve. With a proven track record of success and a commitment to personalized client care, Gorospe Law Group stands ready to advocate for your rights and help you through every step of the legal process. Trust us to handle your truck accident claim with the dedication it deserves. Contact us today for your free consultation by calling (918) 582-7775.
Pick Gorospe Law Group in Your Tulsa Truck Accident Claim
Selecting Gorospe Law Group as your representation for your Tulsa truck accident claim will give you the guidance and dedicated advocacy needed throughout the process. Here’s why we are the right choice:
- Extensive Experience: With over 20 years of handling personal injury cases, Tulsa truck accident attorney Anthony Gorospe brings a wealth of knowledge and experience to truck accident claims.
- Successful Outcomes: Our firm has a proven history of achieving significant settlements and favorable verdicts for our clients, showcasing our ability to effectively manage complex truck accident cases.
- Personalized Service: We maintain a manageable client roster to provide each case with the detailed attention it deserves so you can have personalized and strategic legal representation.
- Comprehensive Support: From thorough accident investigations to negotiations with insurance companies and courtroom representation, we offer full legal support to secure the best possible results for you.
Why Legal Representation Matters in a Tulsa Truck Accident Claim
Tulsa truck accident claims can be complex and overwhelming. Here are some key reasons why finding legal representation is crucial to your claim.
- Complex Regulations: Truck accidents involve federal and state regulations. Anthony Gorospe understands these rules and can identify federal and state violations that contributed to your accident.
- Thorough Investigation: Our legal time has the experience and resources to gather crucial evidence, reconstruct the accident, and determine liability to hold the offending party accountable.
- Maximizing Compensation: With our sound legal representation, you will have an attorney who fights for fair compensation for medical expenses, lost wages, and pain and suffering.
- Negotiation and Advocacy: Anthony Gorospe knows how to effectively negotiate with insurance companies. We are prepared to take your case to trial if necessary and secure the best possible outcome for you.
Vicarious Liability in Tulsa Truck Accident Claims
Vicarious liability is a crucial concept in truck accident claims that comes up often. Under vicarious liability, employers or companies of truckers can be responsible for the actions of their employees so long as those actions occur within the scope of employment. In other words, a trucking company can be held liable for the actions of its drivers while the drivers are performing job-related duties. For vicarious liability to apply, the truck driver must have been acting within the scope of their employment at the time of the accident. This includes activities such as driving to deliver cargo, performing maintenance on the truck, or other work-related tasks.
The purpose of vicarious liability is to have companies enforce strict safety standards and training programs for their drivers to assist in reducing the likelihood of accidents. Holding the trucking company liable can provide access to greater financial resources for compensation compared to the individual driver. This is crucial for covering extensive damages such as medical expenses, lost wages, and pain and suffering.
Hours of Regulations for Tulsa Truck Accident Claims
Tulsa truck drivers are required to abide by the Hours of Service (HOS) regulations as outlined in 49 CFR § 395. As outlined in the statute:
“§ 395.3 Maximum driving time for property-carrying vehicles. (a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, unless the driver complies with the following requirements: (1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty; (2) 14-hour period. A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty. (3) Driving time and interruptions of driving periods — (i) Driving time. A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section. (ii) Interruption of driving time. Except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status. A consecutive 30-minute interruption of driving status may be satisfied either by off-duty, sleeper berth or on-duty not driving time or by a combination of off-duty, sleeper berth and on-duty not driving time. (b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after— (1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week. (c) (1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. (2) Any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. § 395.5 Maximum driving time for passenger-carrying vehicles. Subject to the exceptions and exemptions in § 395.1: (a) No motor carrier shall permit or require any driver used by it to drive a passenger-carrying commercial motor vehicle, nor shall any such driver drive a passenger-carrying commercial motor vehicle: (1) More than 10 hours following 8 consecutive hours off duty; or (2) For any period after having been on duty 15 hours following 8 consecutive hours off duty. (b) No motor carrier shall permit or require a driver of a passenger-carrying commercial motor vehicle to drive, nor shall any driver drive a passenger-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for any period after— (1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.”
What this long statute translates into is that truck drivers are limited to a maximum of 11 hours of driving after 10 consecutive hours off duty. They cannot drive beyond the 14th consecutive hour after coming on duty following 10 consecutive hours off duty. For drivers carrying passengers, these drivers are limited to 10 hours of driving after 8 consecutive hours off duty. They cannot drive after having been on duty for 15 hours following 8 consecutive hours off duty. Drivers must take a 30-minute break after 8 cumulative hours of driving time without at least a 30-minute interruption. The failure to abide by these regulations can lead to evidence of liability on behalf of the driver.
Common Causes for Truck Accidents in Tulsa
As a significant route through the region, whether along I-244 or I-44, trucks are constantly moving through Tulsa. Any large truck can cause serious risk of injury to those who are in the way when they lose control of the vehicle. There are numerous causes for truck accidents in Tulsa, but some of the most common we seek include the following:
- Tired drivers: As noted, truck drivers must be able to take enough breaks to ensure they are able to focus on the roadway and, as a result, keep others safe as well. Fatigued drivers cannot respond fast enough in changing situations, and that can lead to serious accidents.
- Distracted drivers: A driver using a smartphone or navigational device, eating, or otherwise engaged in another activity puts others at risk. Their attention is not on the roadway.
- Poorly loaded trucks: Cargo companies may be responsible for loading the truck, and if they fail to do so in the proper manner, trucks can lose their load or topple off the road due to poor weight distribution.
- Reckless driving: Aggressive driving, road rage, speeding, and tailgating are all potential causes of truck accidents when drivers are not following the law.
- Vehicle defects: Though trucks must be inspected routinely, oversights with brakes or tires can lead to a loss of control on the roadway.
When any type of accident occurs with a large truck, the risk of substantial injury is very high. You need to empower yourself, as the victim, through the support of a Tulsa Truck Accident Attorney. With decades of experience, you can count on our team to ensure you are safe on the roadway.
Determining Fault in a Truck Accident
Any of the above-listed causes of truck accidents could lead to the belief that the truck driver is at fault, and they likely are. However, other parties may also be responsible for the injuries and losses you have. Some examples include:
- The truck driver, when disobeying the law
- The truck driver’s employer when they fail to ensure breaks and certification for the driver
- The cargo loading company, if their mistake lead to the incident
- The truck repair technicians if their oversight caused the accident
- The manufacturer of the truck or components of the truck if that is the underlying cause of the accident
- Third parties if there is another person involved in the accident and this is what causes the accident
To determine fault, our Tulsa truck accident lawyers work with our clients, police reports, and evidence to piece together what occurred. This often includes getting hard-to-find information from the other party, such as medical reports that indicate the driver was intoxicated or documentation that they did not have enough time off between shifts. We also look at accident recreation efforts in situations where there is some lack of clarity on fault.
Our experienced truck accident attorneys in Tulsa know that insurance companies will do everything they can to limit what they pay out. You should know we will do everything we can to hold those who did this to you responsible.
Determining the Value of Your Truck Accident Claim
Our attorneys recognize that truck accidents create serious and sometimes life-long injuries to individuals. Often, the damages recovered from these accidents are critical to funding medical care and ongoing support for basic needs. For that reason, expect our truck accident lawyers in Tulsa to pursue full and fair compensation in your case and maximize the claim submitted. Some of the losses you may be owed include:
- Medical costs from the accident and immediate care
- Ongoing medical expenses for specialist care, rehabilitation, medications, and supportive equipment
- Long-term care needs and supportive changes to your home
- Lost wages and benefits if you were unable to work
- Loss of earning capacity if you are not able to go back to work at the same job or the same level of pay
- Pain and suffering
- Emotional trauma
- Loss of quality of life
- Loss of consortium
- Property damage to your vehicle
Each of these factors must be carefully evaluated to determine the worth in your case. To do this, our attorneys navigate the process with careful attention. For economic losses, which include medical losses and lost wages, we can use documentation of the financial losses you have to determine what your claim may be worth.
Yet, for many people, the significant component of their claim comes from noneconomic damages, such as pain and suffering. To determine the value of these losses, we gather evidence from all resources. That may include speaking to your doctor about your potential ongoing losses and struggles. It may also include talking to family and friends who can attest to the changes in your personality and quality of life. Medical experts can provide some insight into what your long-term recovery may be.
All of this information is compiled by our Tulsa truck accident lawyers to determine the value of your case. We can offer you some basic insight into that value during a free consultation. This is a good time to determine if the insurance company is treating you fairly or if you should seek out legal action.
Insurance Companies Have A Lot on the Line
Our Tulsa truck accident attorney knows you need to settle your case fast but you also need to be sure you do not settle it for less than you are owed. That means you need to know what all of your current losses are and what your long-term losses may be. Insurance companies want to settle for the least amount possible, and that often means pushing you to settle fast.
Our attorneys will not allow you to be made a victim again. Instead, we will pursue comprehensive insight into what your case is worth. Expect us to fight for your best possible outcome.
With our years of experience and dedication to providing our clients with exceptional legal support, you can trust our Tulsa truck accident attorneys to fight for your rights.
Contact Our Tulsa Truck Accident Attorney Today
If you or a loved one has been involved in a truck accident, having experienced legal representation is crucial to protect your rights and secure the compensation you deserve. At Gorospe Law Group, our dedicated team, led by attorney Anthony Gorospe, is committed to providing the legal support you need. With a proven track record of successfully handling complex truck accident claims, we understand the intricacies of these cases and are here to guide you through every step of the process. Don’t navigate this challenging time alone. Contact Gorospe Law Group today to schedule a free consultation with a truck accident lawyer in Tulsa and take the first step toward justice and recovery. Let us advocate for you and help you achieve the best possible outcome. Call us at (918) 582-7775.