July 7, 2024 | Personal Injury
Were you involved in a truck accident in Oklahoma? Unfortunately, semi-truck crashes are disproportionately likely to cause serious injuries. The average tractor-trailer is 72 feet—and it can weigh up to 40 tons when carrying a full load. Given the potential severity of these crashes, a comprehensive investigation is a must. Injured victims need justice.
In most instances your attorney will attempt to reconstruct the accident. Why is doing so important? A compelling truck accident reconstruction can help to establish exactly what went wrong and why it went wrong. The reconstruction can be used to prove liability and hold the company accountable. Here, our Oklahoma City semi-truck accident lawyer provides a guide to crash reconstruction.
What is a Truck Accident Reconstruction?
First and foremost, it is useful to understand what it actually means to “reconstruct” a semi-truck accident. It is about far more than trying to get a rough picture of what happened. Instead, truck accident reconstruction is a scientific process that is used to investigate and analyze the factors leading up to a truck collision. It is a method that involves collecting and studying data from the crash scene, such as skid marks, vehicle damage, and eyewitness accounts. Experts in this field utilize a variety of tools, including computer simulations, physics, and engineering principles, to piece together the events that occurred before, during, and after the accident. The goal is to establish a clear and factual understanding of how the accident happened.
Why it Matters: Proving Liability
Neither a truck driver nor a trucking company is automatically liable for a crash in Oklahoma. Instead, liability is based on fault. To hold another party legally responsible for your truck accident in Oklahoma City, you must prove that their negligence contributed to the crash. Determining who is at fault is one of the keys to successfully navigating the personal injury claims process.
A thorough reconstruction of the accident can provide concrete evidence about the dynamics of the crash. It is evidence that can be particularly vital in cases where the parties involved have conflicting accounts of the incident or when the cause of the accident is not immediately apparent. By illustrating how the accident occurred and identifying factors such as speed, angles of impact, and points of collision, the reconstruction report can be especially compelling.
Oklahoma is a Modified Comparative Fault State for Truck Accidents
Under Oklahoma law (Oklahoma Statutes § 23-13), motor vehicle accidents are subject to a modified comparative fault standard. Notably, this includes semi-truck collisions. The key point to understand about this standard of liability is that every percentage point of fault matters. You need to know exactly how and why the crash happened. If you are blamed for even a small part of your own trucking accident, it could take money out of your settlement.
For example, imagine that you sustained $50,000 in total damages in a truck accident in Oklahoma City. If a truck driver is found to be 70 percent at fault for not following traffic safety laws, but you are found 30 percent liable for being distracted immediately prior to the crash, you would bear responsibility for 30 percent of your own injuries. You would only be able to recover for $35,000 instead of the full $50,000.
Your Oklahoma Attorney May Work With a Truck Accident Reconstruction Expert
After a serious semi-truck accident, your Oklahoma personal injury attorney may bring in an expert to help reconstruct the crash—especially if there is a sharp dispute over what happened. Indeed, given the inherent complexity involved in proving liability for a truck accident, personal injury attorneys in Oklahoma often collaborate with truck accident reconstruction experts. These experts provide a level of detailed analysis that goes beyond the capabilities of standard investigative techniques. Their findings can be used to support your case in negotiations with insurance companies, and if needed, they can testify in court in truck accident litigation.
Contact Our Oklahoma Tractor Trailer Accident Lawyer Today
At McGuire Law Firm, our Oklahoma semi-truck accident attorney is standing by, ready to help you fight for justice. If you or your loved one was hurt in a crash, we can help. Our firm is prepared to work with experts to reconstruct your crash. Contact us today for a free, no-obligation initial case review. From our law offices in Oklahoma City and Lawton, we are well-positioned to handle semi-truck accident injury claims all across the surrounding area of Oklahoma.