What to Do If a Truck Driver Flees the Scene of an Accident in Oklahoma
Commercial truck accidents in the Sooner State can have devastating consequences. They have a higher chance of significant property damage and fatalities than motor vehicle accidents. The sheer weight of commercial trucks and the high speed at which these accidents often occur, whether due to a jack-knife or overloaded cargo, create a recipe for disaster for Oklahoma motorists.
For 2021, accidents involving large trucks in Oklahoma led to 112 fatalities and 1,861 injuries, according to the Oklahoma Highway Safety Office.
But what happens when a truck driver flees the accident scene following a wreck? Fortunately, Oklahoma has laws designed to protect Oklahoma accident victims in this situation. In this blog, we’ll discuss what constitutes a hit-and-run truck accident, different penalties for a truck drivers who flee the scene, and how the experienced Oklahoma truck accident attorneys at Aizenman Law Group can assist you in the aftermath.
What Constitutes a Hit-and-Run Truck Accident in Oklahoma?
A hit-and-run occurs when a motorist hits an object, person, or vehicle and leaves the scene without communicating the required information or assistance to the parties involved. Leaving the scene of an accident isn’t just morally wrong; it’s punishable criminally under Oklahoma Law.
State Law requires all drivers involved in an accident to follow specific actions:
- Share their correct name, address, and vehicle registration information.
- Show their driver’s license along with proof of insurance when requested.
- Provide reasonable assistance to anyone injured, including arranging medical care if needed.
Under Oklahoma’s Good Samaritan Act, individuals who voluntarily render emergency aid in good faith are shielded from civil and criminal liability, provided their actions are not grossly negligent. For example, someone administering CPR after an accident is protected, but moving an injured person into oncoming traffic would not be.
Penalties for Truck Drivers Who Leave the Scene
The penalties for fleeing the scene of an accident vary depending on the severity of the accident.
- Property Damage Only: Leaving the scene of an accident involving only property damage is a misdemeanor, punishable by up to one year in county jail and a fine of up to $500.
- Accidents Resulting in Bodily Injury: Failing to stop after an accident that resulted in bodily injury is a felony, punishable by up to ten years in prison and fines up to $1,000.
- Accidents Resulting in Death: If the accident resulted in a fatality, fleeing the scene is a felony, punishable by up to ten years in prison and fines up to $10,000.
It is important to understand Oklahoma law does not allow ignorance as a defense. All motorists are responsible for stopping after an accident, regardless of perceived severity. The best way to avoid severe legal repercussions is to follow the law and stop after an accident.
Understanding Treble Damages in Hit-and-Run Cases
Oklahoma Law provides an additional layer of accountability through treble claims, which allow victims to seek up to three times the actual property damage caused by the accident. This carve-out is found in Okla. Stat. tit. 47, § 10-103. These punitive damages aim to dissuade drivers from leaving the scene and punish those who engage in this reckless behavior.
For instance, if property damage amounts to $5,000, treble damage could increase the driver’s liability to $15,000.
Treble damages are punitive damages but aren’t just about compensation-they send a strong message that fleeing the scene of an accident will not be tolerated. This not only holds offenders accountable but also prevents other would-be wrongdoers from engaging in similar conduct.
Common Causes of Truck Accidents in Oklahoma
While there are endless potential causes of truck accidents, negligence is a frequent factor: Here are some common examples.
- Driver Fatigue: Truck drivers often face immense pressure to deliver loads on time, leading them to drive through the night or for periods lasting over 12 hours. When truck drivers become fatigued, their judgment is impaired, and their reaction time is significantly slowed. This impairment can lead to lane departures, failure to obey traffic signals, and other serious traffic infractions that can have deadly consequences.
- Reckless Driving: Rushed drivers may engage in risky behavior like speeding, tailgating, or weaving through traffic. These actions can result in collisions, especially if the truck’s blind spots or braking distance are misjudged.
- Employer Negligence: When trucking companies cut corners by hiring unqualified drivers, skipping routine maintenance, or ignoring federal safety standards, they put everyone on the road at risk. Under the legal principle of respondeat superior, employers can be held liable for their employee’s actions while on duty. This gives Oklahoma truck accident victims multiple avenues of recovery and increases their likelihood of substantial legal compensation.
What to Do if You’re the Victim of a Hit-and-Run Truck Accident
Being victimized by a fleeing truck driver can be frustrating, especially if you’re injured, or your vehicle is seriously damaged. If the other driver ever flees, you’re left to deal with the aftermath alone. Acting quickly can help preserve your rights and build a strong case.
The first thing you should do following a hit-and-run truck accident is to safely move yourself out of danger and seek medical help if necessary. Prompt medical attention is always advisable, even if you’re unsure you’ve been injured. Certain injuries, like traumatic brain injuries, may not be apparent until days following an accident.
If you’re physically and mentally able to, take steps to document the scene. Whether you jot down notes so you don’t forget what happened, use your smartphone to capture the scene, or gather witness information, this evidence will be a powerful tool for law enforcement agencies and your legal representative should you take legal action.
Make sure to call the local police or Oklahoma Highway Patrol following an accident. Not only is it legally required in certain situations (accidents resulting in injury, death, or property damage of $300 or more), but it also helps your legal case. Once police arrive at the scene, they will create a detailed accident report, which documents essential information and helps determine the fault that followed the accident.
Once you’ve ensured safety and taken the appropriate steps following an Oklahoma truck accident, consult with a truck accident attorney immediately. The experienced personal injury attorneys at Aizenman Law Group have handled countless truck accident cases and know what it takes to secure favorable outcomes that hold hit-and-run drivers accountable for their actions.
How Aizenman Law Group Can Help
Following an Oklahoma truck accident, our attorneys will send spoliation letters to all involved parties. These letters notify the involved parties to preserve all relevant information regarding the truck accident. Some pertinent information we look for includes the driver’s hour logs, truck maintenance logs, driver records, electronic data, and any physical evidence the party has.
We may also visit the accident scene to document evidence and take photographs. We recommend that accident victims take steps to document the scene once safety is ensured. This may include taking pictures of property damage, obtaining a police report, and getting contact information from any witnesses. With this information, we will thoroughly investigate the cause of the accident and develop a legal strategy.
Contact the Truck Accident Attorneys at Aizenman Law Group
Being the victim of a truck accident in Oklahoma can leave you with life-altering injuries, hefty medical bills, and severe property damage. If the truck driver involved in the accident chooses to leave the scene illegally, recovering for your losses becomes more complicated. Fortunately, dedicated legal help is available.
The truck accident attorneys at Aizenman Law Group put clients’ needs first. We’ve helped our clients achieve excellent legal outcomes following accidents. Our experience as former insurance attorneys means we know what tricks insurance companies use to minimize your payout, and we won’t let it happen.
If you’ve been injured in an Oklahoma hit-and-run, now is the time to start building your case, when the evidence is still fresh. Don’t let delay be the reason you miss out on significant compensation. Call Aizenman Law Group at 918-215-8856 at any time day or night.
