Truck accidents are among the most devastating types of crashes on Oklahoma roads. The latest data from the Oklahoma Highway Safety Office (OHSO) shows that in 2021, there were 5,575 large truck accidents, resulting in 1,861 injuries and 112 fatalities.
Due to their large size and heavy weight, truck impacts cause more damage to the vehicles they hit and more severe injuries to their occupants.
However, many insurers representing truck drivers or their companies deny claims, even when they are at fault for your injuries. Insurance companies prioritize profit over the well-being of accident victims, often leaving them to deal with the medical expenses and legal issues on their own.
If you were involved in an accident with a large truck, contact an experienced Oklahoma City truck accident attorney at Parrish DeVaughn Injury Lawyers as soon as possible.
We can help you understand your rights, challenge unfair denials, and secure the financial compensation you deserve for recovery.
How Fault Works in an Oklahoma Truck Accident
Many truck accidents happen due to the negligent actions of one or multiple people involved in the crash.
In an Oklahoma truck accident case, the state uses the modified comparative negligence rule to determine which parties are at fault and to what degree. This rule, established by a statute, outlines the following:
- Fault Assignment: Each person involved in the crash is assigned a percentage of fault based on their actions.
- Proportional Reduction of Compensation: If a person involved in an accident is assigned a percentage of fault, the amount they can recover is reduced by that percentage. For example, if a driver’s damages are $200,000 and they’re assigned 20% of fault, they can recover up to $160,000.
- 51% Rule: Every person involved in a truck accident has the right to seek compensation, provided they are not responsible for the majority of their injuries. If a person is found to be 51% at fault or more, Oklahoma law bars them from seeking compensation from other parties.
Why Insurance Companies Deny Truck Accident Claims
After a truck crash, the insurance providers representing the truck company use many tactics and strategies to deny payouts. As profit-driven businesses, their priority isn’t justice or your well-being; it’s their bottom line. They are incentivized to delay claims, minimize payouts, or deny them entirely.
Here is an overview of the most common tactics used to deny a truck accident claim:
Failure to File on Time
Most insurance companies require claims to be reported promptly or within a specific timeframe, often within 30 days, depending on the policy.
Truck accidents can be complex, involving several potentially liable parties such as the driver, trucking company, vehicle owner, cargo loader, maintenance provider, or even the manufacturer. If you miss the deadline to notify any of their insurers, you risk giving them a reason to deny your claim due to late notice.
Disputes Over Liability
Insurers may disagree over who was responsible for the crash and to what extent. They may deny their client’s responsibility, argue that the evidence available is vague or inconclusive, or withhold information that could be used to prove liability.
In many cases, they may also use various strategies to shift the blame onto you, increase your percentage of fault, and exploit the 51% rule to avoid paying out a claim.
For example, they may:
- Use recorded statements against you (e.g., “I’m sorry” or “I didn’t see him coming”).
- Highlight minor violations or technical faults as evidence of your responsibility.
- Twist witness testimony to their advantage.
- Cherry-pick recorded evidence, such as surveillance camera or dashcam footage.
Minimizing or Discrediting Your Damages
Insurance providers won’t just investigate the crash; they may also investigate you and your personal life to argue that your damages or injuries aren’t as severe as you claim.
Common arguments and strategies they may use:
- Combing through your social media accounts for posts suggesting you’re physically capable, uninjured, or unaffected by the accident.
- Demanding an unreasonable amount of medical evidence to prove your injuries.
- Using medical gaps or inconsistencies against you, such as skipped follow-ups or delays in seeking treatment.
- Disputing the severity or existence of your injuries if they don’t show up on medical imaging.
- Claiming your injuries were pre-existing or unrelated to the crash.
How a Truck Accident Lawyer Can Help You Get Compensation
Truck accidents are complex, especially when trying to recover from your injuries. An experienced Oklahoma City truck accident attorney can help you through the claims process so you can focus on recovery.
We can help with the following:
- Determining Liability: Truck accident attorneys have the resources to investigate the accident, obtain additional evidence from accident reconstruction experts, and analyze the facts. They can determine who is at fault for your injuries, so you can focus on the right parties and file claims on time.
- Pushing Back Against Blame-Shifting: An attorney knows the strategies and false narratives insurance providers commonly use to assign you more than 51% of fault. They can pressure insurers for justifications, push back against lowball offers, and use aggressive negotiation techniques.
- Protecting You From Missteps: Your attorney can also provide valuable advice on what to say and when. They can prepare you for depositions and recorded statements, explain sentences to avoid, and instruct you to avoid social media posting.
- Taking Your Case to Court: If negotiations break down, your attorney can prepare your case for trial, file it within the state’s 2-year statute of limitations, and access additional evidence to strengthen your case in a court of law.
Contact the Truck Accident Attorneys at Parrish DeVaughn Today
At Parrish DeVaughn Injury Lawyers, our knowledgeable and compassionate Oklahoma City truck accident attorneys have a long history of representing truck accident victims. We’ve earned more than $250 million for our clients in Oklahoma, including multiple high-value truck accident settlements.
Let us fight on your behalf against unfair insurance providers. Schedule a free, confidential consultation with us today.
