Tulsa Commercial Vehicle Accidents: What Are My Legal Steps When a Big Company Is Involved?

Tulsa Commercial Vehicle Accidents: What Are My Legal Steps When a Big Company Is Involved?Commercial vehicles are big, heavy, and difficult to stop. When one of these vehicles, like a semi-truck or delivery van, causes an accident, the results can be devastating, causing severe injuries or even fatalities. These commercial vehicle accidents often involve large businesses with legal teams and powerful insurance companies, which makes things more complicated than a regular car crash. Our team of Tulsa truck accident lawyers helps victims understand their legal rights and works to secure the compensation they deserve after a commercial vehicle accident.

What is a commercial vehicle?

A commercial vehicle is any type of vehicle that’s used for business purposes instead of personal use. In other words, it’s a vehicle that helps a person or company make money. Commercial vehicles can include things like delivery vans (like the ones that bring packages to your house), pickup trucks used by contractors or landscapers, semi-trucks that haul goods across the country, and buses that carry passengers for a fare. Even a regular car, if it’s used for business, like for ridesharing or food delivery, can be considered commercial.

The primary factor of determining whether a vehicle is “commercial” is how it’s used, not just what it looks like. If the main purpose is work-related, like transporting products, tools, or passengers, it’s probably a commercial vehicle. Also, commercial vehicles usually need special insurance and sometimes a commercial driver’s license (CDL), especially if they’re large or carry heavy loads.

In most basic terms, if a vehicle is used to help run a business or earn income, it falls into the commercial category.

Beyond the differences in use, commercial vehicles differ from the traditional passenger cars in other respects. Some types of commercial vehicles can weigh up to 80,000 pounds when fully loaded, which can cause more severe damage. Liability can extend beyond the driver to include their employer, maintenance providers, or manufacturers. Commercial drivers may also need to adhere to strict federal and state regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA) and the Oklahoma Department of Public Safety.

What should I do after a Tulsa commercial vehicle accident?

After a truck accident, you should take these important steps to protect your health and legal rights.

  • First, make sure everyone is safe. Check for injuries and call 911 immediately if someone is injured.
  • If the vehicles can be moved and it’s safe to do so, get out of traffic in order to avoid another accident.
  • Call the police. Here in Oklahoma, you must report accidents involving injuries, death, or significant property damage.
  • Next, gather information. Normally the police will perform this function, but if they aren’t available, be sure to try and do so yourself. Get the following from any other involved party – name and contact information, driver’s license number, license plate number, insurance details, and company name.
  • Take photos. Use your phone to take clear pictures of the vehicle damage, license plates, road conditions, any visible injuries, and nearby signs or traffic signals.
  • Talk to witnesses. If anyone saw what happened, get their contact information. Knowing their identities and how to get in touch with them could prove helpful later in the case.
  • Get medical attention. Even if you don’t feel hurt, see a doctor. Some injuries (like whiplash or internal bleeding) might not show up right away. Plus, the doctor’s notes will help link the accident and your injuries.
  • Notify your insurance company by reporting the accident. Give them the facts only, and avoid saying anything that sounds like you might be admitting fault.
  • Don’t talk to the other party’s insurance company yet. If the other party’s insurance company calls you, don’t give a recorded statement until you’ve spoken with our lawyers.
  • Finally, consult with the Tulsa truck accident lawyers at Biby Law Firm.

Investigating the accident

In order to build a strong case, you need a thorough investigation. At Biby Law Firm, we:

  • Work with accident reconstruction experts to determine how your accident happened.
  • Review the driver’s qualifications, training, and driving history.
  • Check for lapses in regular maintenance that may have contributed to the accident.
  • Analyze data from electronic logging devices (ELDs) to see if the truck driver violated any hours-of-service regulations.
  • Investigate the company’s hiring practices and safety procedures.

How do you determine liability in a Tulsa truck accident case?

It’s important to identify all liable parties in your truck accident claim. Potentially responsible parties can include:

  • The driver, if they were negligent, like driving while distracted or impaired.
  • If the driver was acting within the scope of their employment, the employer can be held liable under the legal doctrine of respondeat superior.
  • Maintenance providers, if poor or improper maintenance contributed to the accident.
  • Manufacturers, if a vehicle defect contributed to the crash.

Companies often attempt to classify their drivers as independent contractors to avoid liability. However, if the company exerts significant control over the driver’s work, it can still be held responsible.

How long do I have to file a Tulsa commercial vehicle accident claim?

After we determine liability, our next step is to file a claim with the appropriate insurance companies. If a fair settlement isn’t offered, it may be necessary to file a lawsuit. In Oklahoma, the statute of limitations for personal injury claims is two years from the date of the collision. If you don’t have your claim settled or lawsuit on file against all potential defendants, you will likely lose the right to seek compensation.

What is the value of my Tulsa commercial vehicle accident case?

As a victim of a commercial vehicle accident, you may be entitled to compensation for the following losses:

  • Medical expenses, both current and future
  • Lost wages for the time you’ve missed from work
  • Loss of earning capacity if your injuries affect your ability to work in the long term
  • Pain and suffering for the physical and emotional distress caused by the accident
  • Property damage, including the costs to repair or replace your vehicle
  • Scarring and disfigurement

Big companies and their insurers often aim to minimize payouts. With the experience of dealing with claims day in and day out, they know that as time goes on, the value of your claim almost certainly will go up. As a result, oftentimes savvy adjusters will offer what appears to be “good money” early on, but in reality, the potential settlement is far less than what would be achieved long-term. Having experienced legal representation ensures your claim is taken seriously and that you don’t fall prey to a rushed settlement, ensuring you are able to pursue the full compensation you are owed.

How can Biby Law Firm help?

At Biby Law Firm, our Tulsa truck accident lawyers understand how to handle commercial vehicle accident cases. Our approach includes the following:

  • Personalized attention and tailored legal strategies, because we know that every case is unique.
  • Aggressive representation in the face of large corporations and their insurers to fight for your rights.
  • Leaving no stone unturned, ensuring a comprehensive investigation to support your claim.
  • Working on a contingency basis, meaning that you don’t pay unless we win your case, thereby perfectly aligning our interest with our clients’.

Dealing with a commercial vehicle accident involving a large company can be daunting. However, you don’t have to face it alone. With the right legal support, you can hold the responsible parties accountable and secure the compensation you need to move forward. If you or a loved one has been injured in such an accident in Tulsa, contact Biby Law Firm today for a free consultation.