Ylla Gosney, Attorneys at Law helps victims of truck accidents in Tulsa. Any accident with a large semi-truck is going to be damaging in one form or another. But more so than perhaps any other type of vehicle accident, a truck accident usually ends up being fatal. This is incredibly difficult for you or your surviving family members. However, there’s still legal options to take and our firm can help. Contact us today for a free consultation to learn more.
Why Would You Need a Lawyer After a Fatal Truck Accident in Tulsa?
Anytime you’re in an accident, you don’t need a lawyer if you want to file an injury claim. But, no two accidents are the same, and you’ll probably need much more help the more hurt you are. So, especially with a fatal truck accident, it’s not difficult to see why you would need a lawyer’s help.
If you’ve lost a loved one in a fatal truck accident in Tulsa, our team at Ylla Gosney can help by:
- Explaining what your family’s options are
- Helping with evidence and information
- Negotiating with insurance companies
- Helping file a wrongful death lawsuit
Losing a loved one in a fatal truck accident is incredibly difficult. But there’s still a legal process in place that can allow you or your family to restore some measure of normalcy.
What Can You Do After a Fatal Truck Accident in Tulsa?
The aftermath of a truck accident in Tulsa is always scary, whether it happens on I-244 or Rt 66. But when you add in a fatal injury, it’s even more troubling. However, like any other accident there’s certain steps that need to be taken by either you or someone with you to get the information and evidence needed for a potential claim:
- Call 911 – Once you’re safe, call 911 so Tulsa Police or the sheriff’s office can respond to the scene. Ask for an ambulance and make sure anyone with non-fatal injuries gets medical attention. Documenting injuries and linking them to the accident is key.
- Get information from the truck driver and others – Get the names, contact details, driver’s license numbers, and insurance information of everyone involved, most importantly of the truck driver. Also, make sure that someone gets contact information from any witnesses, since their statements can strengthen your claim.
- Gather evidence at the scene – If it’s safe, take photos and videos of the accident scene, including damage to vehicles and road conditions. Keep copies of the police report, medical records, and any other relevant documents to support your case.
- Track any expenses – Keep a record of all expenses, like medical bills and funeral costs, to show how the accident has financially impacted your family.
- Avoid admitting fault – Don’t make statements or admit fault, as this could be used against your claim.
Obviously, fatal injuries make taking these steps impossible. But that doesn’t mean that they can just be skipped over. It’s this information and evidence that forms the foundation of any claim–including a wrongful death claim.
What Claim Do You File After a Fatal Truck Accident in Tulsa?
The key difference between a fatal truck accident and a regular one is that it’s known as a “wrongful death” claim, rather than an injury claim. A wrongful death claim in Oklahoma can only be filed by the executor of the estate, which is just the personal representative of the deceased person that’s usually named in a will. If there’s no will at the time of the accident, a probate court will appoint one.
Similar to other claims, a wrongful death claim can be handled either through an out-of-court insurance claim or by filing a lawsuit in civil court. After filing the claim, the family can recover the following damages:
- Loss of financial support – This covers any income the deceased person would have provided to their family.
- Loss of companionship – This covers the emotional and social impact of losing the loved one.
- Emotional distress and pain – These damages provide support for the emotional hurt and sadness caused by the loss.
- Loss of parental support – These damages relate to the loss of care and guidance the deceased would have given their children.
- Loss of future earnings – Similar to financial support, these damages cover the salary and benefits the deceased would have earned in the future.
- Medical and funeral expenses – These damages are for the costs of medical care up until the death, then funeral or burial expenses.
In Oklahoma, you typically have two years from the date of death to file a wrongful death claim. This makes it very important to act quickly, but that can be an issue with a truck accident, because it can be tough to narrow down just who to file the claim against.
Who Do You File a Wrongful Death Claim Against After a Fatal Truck Accident?
A crucial part of any truck accident claim, whether it’s fatal or not, is figuring out who is legally responsible for causing the accident–and paying for damages. This becomes even more important when there are fatal injuries involved, but the legal process for determining fault remains the same: proving negligence.
To show negligence, you need to show that the responsible party had a duty to drive safely and avoid harming others. If they violated this duty and caused the fatal truck accident, they can be held liable.
In real-life situations, though, figuring out who’s at fault can be complex and may involve multiple parties. In most truck accidents, this falls on:
- Truck driver
- Trucking company
- Truck or parts manufacturers
- Cargo loaders
- Maintenance workers
- Tulsa city government or Oklahoma state government
- Other drivers
In a fatal truck accident in Tulsa, many factors can go into proving it is at fault and who the claim will be filed against. Showing negligence helps narrow down the responsible parties, but it also helps if you look at the underlying cause of the accident itself.
What Are Some Factors That Cause Fatal Truck Accidents in Tulsa?
There’s a large number of vehicles on the road in Tulsa, and given its location, many of these are large semi-trucks carrying all sorts of different products and cargo. This alone is usually enough to cause accidents, but specifically, fatal accidents in Tulsa frequently happen because of things like:
- Fatigue
- Aggressive driving, trying to make deadlines
- Speeding
- Driving under the influence (DUI)
- Distracted driving
- Unsafe lane changes
- Running red lights or stop signs
- Poor road conditions
- Vehicle defects or part failures from poor maintenance
- Weather conditions
Dealing with any truck accident in Tulsa is incredibly challenging, but it’s heightened when there’s fatal injuries. Again, though, there are options for you or your family. Our team will be there to support them through this process.
Contact Ylla Gosney After a Fatal Truck Accident in Tulsa
At Ylla Gosney, we understand how difficult it is to handle the aftermath of a fatal truck accident in Tulsa. We offer strong legal support to ensure you and your family receive the help and compensation you need to move forward.
If you have questions or need help after a fatal truck accident in Tulsa, contact us today for a free consultation.
