Truck Accident Lawsuits: What to Expect During the Legal Process

A truck accident can turn your life upside down in an instant. Collisions involving large commercial trucks often lead to severe injuries, complex legal battles, and aggressive insurance tactics.

Maybe you’ve been involved in a truck accident in Tulsa, Oklahoma. You may now be facing mounting medical bills, lost wages, and emotional distress—all while struggling to understand your legal rights.

What makes truck accident claims more challenging than standard auto accident cases? The answer lies in the multiple layers of liability, strict federal trucking regulations and powerful trucking company insurers determined to protect their bottom line.

Unlike a simple fender bender, a semi-truck accident lawsuit often requires extensive evidence, expert testimony, and strong legal representation to secure fair compensation.

This blog will walk you through the entire truck accident lawsuit process. It breaks down who can be held responsible, what to expect when filing a claim, how settlements work, and when a trial may be necessary.

By the end, you’ll have a clear understanding of your legal options—and why having an experienced truck accident attorney on your side is crucial. Keep reading to learn how to protect your rights and maximize your claim after a truck accident in Oklahoma.

Investigating the Truck Accident Case

A thorough investigation is the first step in building a strong case after a truck accident. Truck accident claims require more evidence than standard car accident claims because trucking companies have legal teams ready to minimize payouts.

Key Evidence Collected in a Truck Accident Case

To prove liability, your attorney will gather:

• Police report detailing the accident
• Photos and videos of the accident scene
• Black box data (records speed, braking, and driver behavior)
• Driver’s hours-of-service (HOS) logs
• Truck maintenance and inspection reports
• Eyewitness statements
• Medical records showing injury severity

Federal regulations play a critical role in truck accident lawsuits. The Federal Motor Carrier Safety Administration (FMCSA) mandates strict rules on driver hours, weight limits, and truck maintenance. You may hold a trucking company liable for negligence if it violates these regulations.

“According to the FMCSA, driver fatigue contributes to nearly 13% of large truck crashes in the U.S.”

Common causes of truck accidents include:

• Driver fatigue due to violating hours-of-service rules
• Overloaded or improperly secured cargo
• Mechanical failure due to poor truck maintenance
• Distracted or reckless driving by truck operators

Determining Liability in a Truck Accident Lawsuit

Unlike car accidents, where the at-fault driver is usually liable, truck accidents often involve multiple responsible parties. Identifying who is at fault is crucial for maximizing compensation.

Who Can Be Held Liable in a Truck Accident?

• Truck Driver – If they were speeding, distracted, or driving under the influence.
• Trucking Company – If they encouraged unsafe driving practices or failed to maintain the truck.
• Cargo Loaders – If unsecured or overloaded cargo contributed to the crash.
• Truck Manufacturer – If defective parts, such as faulty brakes, cause the accident.

Oklahoma follows a modified comparative negligence rule. Under this rule, accident victims can recover damages only if they are less than 50% at fault for the crash.

“Under Oklahoma’s comparative negligence law (23 OK Stat § 23-13), an injured party can recover damages only if they are less than 50% at fault for the accident.”

If an insurance company argues you were partially at fault, your compensation may be reduced. For example, if you are found to be 20% at fault, your settlement would be reduced by 20%.

Filing a Truck Accident Claim

Oklahoma law allows two years from the accident date to file a personal injury lawsuit. Early filing ensures that evidence is preserved, strengthening your case against the trucking company and its insurers.

How the Claims Process Works

1. Demand Letter – Your attorney sends a formal letter outlining the accident, your injuries, and the compensation you seek.
2. Insurance Negotiations – The trucking company’s insurer may offer a settlement, often lower than what you deserve.
3. Settlement or Lawsuit Filing—If the insurance company rejects a fair settlement, the next step is to sue.

“Insurance adjusters often attempt to shift blame or downplay injuries in high-value truck accident claims.”

Delays are common in trucking accident claims because insurance companies use legal loopholes to reduce their payout. Having an experienced attorney fight for your rights ensures you aren’t pressured into accepting a lowball offer.

Settlement Negotiations vs. Going to Trial

Most truck accident claims settle out of court because trials can be lengthy and expensive. However, going to court may be necessary if the insurance company refuses fair compensation.

Settlements are preferred when both parties agree on fair compensation. Trials may yield higher payouts but often take longer. Your attorney will determine the best strategy based on your case’s strengths.

Potential Compensation in a Truck Accident Case

Truck accident settlements include economic, non-economic, and punitive damages based on the severity of injuries and the impact on your life.

• Economic Damages – Medical expenses, lost wages, property damage.
• Non-Economic Damages – Pain and suffering, emotional distress.
• Punitive Damages – Awarded in cases of gross negligence (e.g., drunk driving, reckless trucking policies).

Each case is unique. Settlement amounts differ based on injuries, liability, and insurance coverage. Severe truck accident cases often settle for six or seven figures.

FAQs About Truck Accident Lawsuits

How long does a truck accident lawsuit take?

It depends on whether the case settles or goes to trial. Most settlements take a few months. Depending on court schedules and insurance disputes, lawsuits can take over a year.

What is the average truck accident settlement in Oklahoma?

There’s no fixed amount. Settlements depend on injury severity, liability, and insurance policy limits. Many truck accident victims recover hundreds of thousands to millions in compensation.

Can I sue a trucking company instead of the driver?

Yes. If a trucking company violated safety regulations, pressured drivers to work overtime, or engaged in negligent hiring, they can be held accountable for an accident.

What if I was partially at fault for the accident?

Oklahoma’s comparative negligence law allows compensation if you’re less than 50% at fault. However, your settlement will be reduced based on your percentage of fault.

Do I need a lawyer to file a truck accident lawsuit?

Yes. Truck accident cases involve corporate insurance adjusters and federal regulations. Having an experienced Tulsa truck accident attorney ensures you get fair compensation without being pressured into a low settlement.

Get Help with a Tulsa Truck Accident Lawsuit

Truck accident lawsuits are far more complex than standard car accident claims. Factors accounting for this include federal regulations, multiple liable parties, and the aggressive defense tactics of trucking companies. Knowing what to expect during the legal process—from investigation and liability determination to settlement negotiations or trial—can help you make informed decisions. However, securing fair compensation isn’t easy when powerful trucking companies and insurers try to minimize payouts.

If you or a loved one has been injured in a truck accident in Tulsa, Oklahoma, you don’t have to face this battle alone. At Graves McLain Injury Lawyers, we fight to protect truck accident victims and help them recover the full compensation they deserve. Contact us today to discuss your case, understand your legal options, and take the first step toward justice.