There are a number of ways that both fault and damages are determined following a collision between motor vehicles.
One driver was left in critical condition after a collision with a semi truck on a highway in Oklahoma City.
Car is totally crushed after going into the front of a semi truck
The incident happened early on a Friday morning on Interstate Highway 44. The Oklahoma Highway Patrol responded to the area and shut down Interstate 44 westbound near the Classen Boulevard exit for several hours. There was also a diesel fuel spill at the scene that required cleaning from a hazardous materials crew.
A preliminary investigation showed that the driver was likely going the wrong way on the road before colliding with the large semi truck. Rescue crews at the scene confirmed that the truck driver was not hurt, but the driver of the smaller car was in serious condition and required immediate medical attention. He was transported to a hospital in the area.
Pictures and videos of the scene showed fire department workers near the vehicles. The front of the car was totally crushed and the area of impact with the front cab of the truck was clearly visible.
Is the driver going the wrong way at fault?
While a person driving the wrong way on the road is normally at fault, there is still a legal inquiry and a final decision to be made by a judge or a jury. The fact that the driver was violating a traffic law by going the wrong way on the road will be used as evidence of negligence, but it does not necessarily decide the outcome of the case.
Each state has its own negligence laws as well that are crucial in determining how fault will be divided. Oklahoma’s civil negligence statute says that a plaintiff’s level of fault will reduce their damage award accordingly. However, if the plaintiff’s level of fault is greater than the defendant’s, they cannot collect any money at all. This is a modified form of the comparative negligence rule that is active in many states around the U.S.
All of the elements of the negligence action must be proven as well before the plaintiff can prevail in the lawsuit.
Determining the value of the case and losses
There is no simple way to determine how much an accident may be worth before having a formal meeting with a truck accident lawyer in Oklahoma. This can depend on several factors, including the severity of any injuries, the amount of property damage involved, the amount of time the plaintiff missed from work, and more.
Talk to a local attorney after an accident
There are lawyers who assist clients all over the state of Oklahoma. To learn more about getting compensation for injuries and losses, use the directory on USAttorneys.com.