How to Handle a Wrongful Death Case After a Fatal Truck Crash

Trucks are generally more likely to cause fatal injuries than cars because of their size, dimensions, and weight. Our Oklahoma City lawyers understand who may be legally responsible for the death of your loved one and what damages surviving family members may be entitled to recover. While you take time to mourn your loss, we can handle the legal aspects of your wrongful death claim.

Why do deadly truck accidents happen in Oklahoma?

Some common causes of fatal truck accidents include:

• Driver impairment – drugs and alcohol
• Unsafe lane changes
• Driver fatigue
• Inattention
• Driving too closely
• Failing to yield
• Improper turns
• Unsafe vehicles
• Other causes

Truck accidents can be complex because there may be multiple defendants. The responsible defendants may include:

• The truck driver
• The truck driver’s employer
• The owner of the truck (if the owner and driver are not the same)
• The trucking companies involved in the shipment
• Maintenance and repair companies
• The manufacturers of defective truck parts
• Sellers of alcohol to a minor or a person who is visibly intoxicated, who causes a truck accident due to their intoxication
• The Oklahoma Department of Transportation, or other governmental agencies or entities

How do your lawyers hold truck drivers and trucking companies accountable when truck accidents are deadly?

Our wrongful death lawyers work with federal, state, and Oklahoma City law enforcement officials to help determine the cause of the accident and who is responsible. We can formally question responsible parties and witnesses. We may also work with investigators, truck product-safety experts, and traffic-reconstruction experts.

Our lawyers also examine any relevant evidence. This evidence may include electronic driving logs that record when trucks were in operation, phone logs that may show a truck driver was distracted, repair and maintenance records, recall notices, and other types of evidence.

Some of the issues that can arise when a family member dies in a truck accident include the following:

• Criminal cases. There is no requirement that the police file criminal charges against a truck driver or a trucking company. If the police or prosecutor does file charges, we can coordinate your civil wrongful death claim with the criminal case. Normally, the criminal case will proceed first. A common example is when the police file driving under the influence charges because a truck driver causes a fatal truck accident due to the driver’s intoxication.
• Proving your claim. Your loved one is not alive to testify. We can work with law enforcement, other liability professionals, and any witnesses to demonstrate how the accident occurred and why the defendants are responsible. We understand the evidentiary limits that apply when a victim cannot testify, including how to address hearsay statements and reconstruct events.

Who can file a wrongful death claim in Oklahoma City?

Normally, the personal representative of the estate of the victim has the authority to file a wrongful death claim. The personal representative is either the person named in your loved one’s will or a court-appointed administrator (if your loved one does not have a will).

Who are the beneficiaries of a wrongful death claim in Oklahoma City?

Wrongful death damages in Oklahoma are distributed according to statute (12 O.S. § 1053). Generally, the beneficiaries include a spouse, children, and parents. In some cases, where there is no surviving spouse, child, or parent, other next of kin, such as siblings, may be beneficiaries.

What compensation can families receive for fatal truck accidents in Oklahoma City?

We can seek the following compensation from those responsible for the death of your loved one due to a truck accident in Oklahoma:

• The medical bills to care for your loved one from the time of the accident until they passed away
• The mental pain and anguish of your loved one before death
• The funeral and burial expenses
• The grief and loss of consortium of the surviving spouse
• The grief and loss of companionship of the surviving children and parents due to the death of a loved one
• The loss of financial support that your family member would have provided

We may seek punitive/exemplary damages if a defendant acted with reckless disregard, intentional malice, or engaged in fraud.

At Cunningham & Mears, we can work with family members, the decedent’s employers, and financial experts to help place a value on the wrongful death damages.

How much time do families have to file a wrongful death claim due to a truck accident in Oklahoma?

Generally, the time limit (statute of limitations) for filing a wrongful death claim in Oklahoma is two years from the date of death. However, exceptions occur. Claims against government entities are governed by the Oklahoma Governmental Tort Claims Act and require strict notice and filing deadlines, including a one-year notice requirement and a limited window to file suit after denial.

We recommend that family members contact us as soon as possible so we can investigate what happened, answer your questions, and begin the formal claims process.

Cunningham & Mears understands how devastating it is for a family to lose a loved one due to the negligence or fault of others. While no amount of money can bring your loved one back, settlements and verdicts help families move forward and help hold those people and businesses responsible for your personal tragedy accountable. We can fight for the compensation your family deserves. Please contact us online to schedule a free consultation.