Imagine you are driving down I-35 or I-40, the backbone of Oklahoma’s transit system. You see a massive 18-wheeler in your rearview mirror, and in a split second, your life changes. The screech of brakes, the impact, and the silence that follows are moments that stay with you forever. If you or a loved one has been involved in a serious truck accident, the physical pain is often compounded by immediate financial panic. You are likely wondering how you will pay the medical bills piling up on your kitchen counter while you are unable to work.
In the aftermath, many victims assume that the insurance company will do the right thing. You might expect them to look at the police report, see the damage, and offer a check that covers your losses. Unfortunately, the reality of truck accident claims is rarely that simple. Insurance carriers for commercial trucking companies are businesses first, and their goal is to protect their bottom line, not your financial future. They often start with lowball offers or attempt to shift the blame onto you.
This leaves many Oklahomans asking a critical question: “If the insurance company won’t play fair, will my lawyer actually take them to court?” At McKay Law, the answer is a resounding yes. While we strive to negotiate a fair settlement to get you the funds you need quickly, we are never afraid to step into a courtroom. We prepare every single case as if it is going to trial because we know that being battle-ready is the only way to ensure justice is served.
Understanding the Settlement Process
Before we discuss the courtroom, it is important to understand what happens before a trial is even considered. The vast majority of personal injury claims, including those involving semi-trucks, are resolved through a settlement. This is an agreement where the insurance company agrees to pay a specific sum of money, and in exchange, you agree to drop the lawsuit and release them from further liability.
The process typically begins with a thorough investigation. We gather all the facts—police reports, medical records, witness statements, and photos from the scene—to build a comprehensive picture of what happened and how it has affected your life. Once we have a clear understanding of your total damages (both current and future), we send a “demand letter” to the trucking company’s insurer. This letter outlines the facts of the case, explains why their driver is liable, and demands a specific amount of compensation.
The insurance adjuster will then review this demand. They might accept it (which is rare for high-value truck cases), reject it outright, or, most commonly, issue a counteroffer. This kicks off the negotiation phase. We go back and forth, advocating for your needs and presenting evidence to support your claim. In a perfect world, the insurer recognizes the strength of your case and offers a fair amount that covers your medical bills, lost wages, and pain and suffering. When that happens, the case settles, and you get your check without ever stepping foot inside a courthouse.
Why Fair Settlements Fail
If settling out of court saves everyone time and money, why do negotiations fail? In our experience handling complex truck accident cases across Oklahoma, settlement talks usually break down for one of three reasons: disputes over liability, disputes over damages, or bad faith tactics by the insurer.
Disputes Over Liability
Trucking accidents are often more complex than standard car wrecks. The insurance company might argue that you were partially at fault for the accident—perhaps claiming you changed lanes too quickly or were driving in the truck’s blind spot. In Oklahoma, we operate under a “modified comparative negligence” system. This means if you are found to be 50% or more at fault, you cannot recover damages. Insurers know this, and they will often try to twist the facts to pin just enough blame on you to avoid paying out.
Disputes Over the Severity of Injuries
Even if the insurer admits their driver was at fault, they may disagree on how much your injuries are worth. They might claim your back pain is a pre-existing condition or that you don’t need the expensive surgery your doctor has recommended. They act as if they have a medical degree, downplaying the long-term impact of your injuries to justify a lower offer.
Corporate Greed
Sometimes, insurance companies simply refuse to offer a fair amount because they are banking on you being desperate. They know you are hurting and under financial stress. They hope that if they drag the process out or dangle a quick, low-ball check in front of you, you will take it just to make the stress go away. When an insurer refuses to negotiate in good faith, a fair settlement becomes impossible, and trial becomes necessary.
Our Litigation Philosophy: Trial-Ready from Day One
At McKay Law, we don’t just file paperwork and hope for the best. We pride ourselves on a track record of proven success, which is built on a philosophy of relentless preparation. We believe that the best way to avoid a trial is to be fully prepared for one.
When an insurance company sees that a lawyer is hesitant to go to court, they smell blood in the water. They know they can offer less because the attorney will likely push their client to settle just to avoid the hassle of a trial. We take the opposite approach. We prepare every case for the possibility of a jury trial from the very first day we take you on as a client.
This means we don’t cut corners during the investigation. We hire the right experts, we secure the hard evidence, and we build a narrative that will resonate with a jury. When we sit down at the negotiation table, the insurance company knows we aren’t bluffing. They know that if they don’t offer fair compensation, we have the resources, the expertise, and the will to hold them accountable in front of a judge and jury. This “trial-ready” reputation is often the very thing that forces them to offer a fair settlement in the first place.
The Trial Process in Oklahoma
If negotiations stall and we decide to file a lawsuit, your case enters the litigation phase. While the idea of a trial can be intimidating, understanding the process can help alleviate some of that anxiety. Here is what you can expect if your Oklahoma truck accident case goes to court.
1. Discovery
This is the longest phase of litigation. During discovery, both sides exchange information. We send written questions (interrogatories) to the trucking company, and they send them to us. We request documents like safety logs and maintenance records. We also conduct depositions, which are sworn, out-of-court testimonies. We will depose the truck driver, safety managers, and other key witnesses to lock in their stories.
2. Pre-Trial Motions
Before the trial begins, both sides may file motions to ask the judge to make rulings on certain legal issues. For example, we might file a motion to suppress evidence that we believe is irrelevant or prejudicial, or the defense might file a motion to dismiss the case entirely (which we will vigorously fight).
3. Jury Selection (Voir Dire)
If the case proceeds to trial, we start by selecting a jury. This process is crucial. We question a pool of potential jurors to identify any biases they might have against accident victims or lawsuits. Our goal is to select a fair and impartial jury that will listen to the facts of your case with an open mind.
4. The Trial
The trial itself follows a structured format:
- Opening Statements: We outline our case and tell the jury what the evidence will show.
- Presentation of Evidence: This is the core of the trial. We call witnesses, present documents, and show the jury exactly how the accident happened and how it has ruined your financial and physical health. The defense will then have a turn to present their side.
- Closing Arguments: We summarize the evidence and make a final, passionate plea to the jury to deliver justice.
- Verdict: The jury deliberates and returns a verdict. If they find in your favor, they will also determine the amount of compensation you receive.
Key Evidence for Trial
Winning a truck accident trial in Oklahoma requires more than just your word against the driver’s. It requires hard, undeniable evidence. Because commercial trucks are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA), there is often a paper trail that can prove negligence.
The “Black Box” (ECU) Data
Most modern semi-trucks are equipped with an Electronic Control Unit (ECU), often referred to as a “black box.” This device records crucial data about the truck’s operation in the moments leading up to a crash. It can tell us the truck’s speed, whether the driver hit the brakes, if they were using cruise control, and even if they were wearing a seatbelt. This data is objective and difficult for the defense to dispute.
Driver Logs and Hours of Service
Driver fatigue is a massive problem in the trucking industry. Federal laws limit how many hours a driver can be behind the wheel without a break. We scrutinize the driver’s electronic logging device (ELD) records to see if they were driving over the legal limit. If we can prove the driver was exhausted and violating federal safety laws, it strengthens your case significantly.
Maintenance Records
Trucking companies have a duty to keep their fleets in safe working order. We pull maintenance and inspection records to see if the truck had bad brakes, bald tires, or other mechanical issues that the company ignored to save money.
Expert Witness Testimony
We often work with accident reconstruction experts who can use the physical evidence—like skid marks and vehicle damage—to create a scientific simulation of the crash. We may also call on medical experts to testify about the severity of your injuries and economists to calculate your future lost earning capacity.
Benefits of Choosing a Trial-Ready Lawyer
You might be thinking, “This sounds like a lot of work. Is it really worth it?” The answer is absolutely yes. Even if your goal is to settle, hiring a trial-ready lawyer provides you with significant leverage.
Insurance companies have databases on personal injury lawyers. They know which firms settle every case for pennies on the dollar and which firms are willing to fight for every penny their clients deserve. If you hire a “settlement mill” firm, the insurer has no incentive to offer top dollar because they know there is no threat of litigation.
When you hire McKay Law, the dynamic changes. The insurance company knows that we have the financial resources and the legal expertise to take the case all the way to a verdict. Trial is expensive and risky for insurance companies. If they lose, they could end up paying far more than the policy limits, plus legal fees. By presenting a credible threat of trial, we often pressure them into offering a settlement that truly reflects the value of your case, just to avoid the courtroom risk.
Furthermore, a trial allows for full transparency. In a settlement, the terms are often confidential. In a trial, the wrongdoing of the trucking company is made public. For many of our clients, this public accountability is an essential part of their healing process. It ensures that the negligent parties are held responsible in the eyes of the community.
Our Commitment to You
If you’ve been hurt in an accident, your first thoughts are likely about your health, your family, and how you’re going to pay the bills piling up on your kitchen counter. The legal system is probably the last thing you want to navigate alone.
At McKay Law, we understand that you are going through one of the most difficult times of your life. Our dedicated team combines extensive legal expertise with a relentless commitment to justice, ensuring that every case is handled with precision and care. While most personal injury cases are settled out of court, some do go to trial. If the insurance company refuses to offer a fair settlement, you need someone who is ready and willing to take your case before a judge and jury.
We will not pressure you to accept a lowball offer just to close a file. We will advise you on whether a settlement offer is fair, but ultimately, the decision is yours. If you choose to fight, we will be right there beside you, advocating for your rights every step of the way. We operate on a contingency fee basis, meaning clients pay nothing upfront and no legal fees unless the case is won. You have nothing to lose and justice to gain.
