Trucking Accidents Are Different Ervin & Ervin is the Team You Need

Information for Oklahoma Attorneys

How to Refer or Co-Counsel on an Oklahoma Truck Accident Case

Lawyers experienced in other practice areas often find themselves trying to help a client who is the victim of a commercial vehicle accident. We can help when your client’s needs differ from what you can or want to litigate on your own.

Our legal team offers flexible referral and co-counseling agreements to protect your investment in the case while maximizing the final result. We bring value to your case and the experience and resources to fight for your client. Case referrals and co-counsel relationships are an important aspect of what we do at Ervin & Ervin. We have worked with lawyers from across the country and have forged lasting professional relationships with many.

To learn more about referring or co-counseling a case, call us at (918) 994-0880 today.

Expert Investigators & Evidence Collectors

At Ervin & Ervin, we are focused on commercial vehicle collisions and fighting for ordinary people. Attorney Joe Ervin is a graduate of Gerry Spence’s Trial Lawyer's College in Dubois, Wyoming and began his practice as an insurance defense attorney in Oklahoma City, defending trucking companies and their insurers across the state of Oklahoma. He has completed truck-driving school and holds a valid class “A” Oklahoma commercial driver’s license with endorsements for double and triple trailers and tankers, making him one of the few attorneys in the country who is qualified to operate the vehicle that hit your client. Joe Ervin has extensive knowledge of Federal Motor Carrier Safety Regulations and trucking case law and has remained both a student and a teacher of the regulation, operation, maintenance, and inspection of commercial motor vehicles for more than 18 years.

Service to our clients often means finding them the resources and help they need, when and where they need it. In trucking cases, the preservation, destruction, and collection of evidence moves fast. Violations of safety regulations and industry standards can be vital and the important evidence is often different than that of a typical car wreck case.

This evidence includes:

  • Driver qualification files
  • Driver training records
  • Hours of service documents or EOBR and ELD data
  • Driver inspections
  • Drug and alcohol testing (pre-hire, random, post-accident)
  • ECM and onboard system downloads
  • Vehicle maintenance records
  • Vehicle inspection records
  • Qualcomm, onboard communications, VORAD, and GPS systems
  • Bills of lading
  • Fuel receipts
  • Trip envelopes
  • Dispatch/trip planning, route documents/instructions
  • Delivery documents/instructions

    Correctly evaluating the evidence in a truck crash determines whether the driver and the trucking company were in compliance with safety regulations. This evidence can also show what the truck driver and truck were doing in the minutes, hours and days before a collision. Unlike the story of a car accident, the real story of a truck wreck usually begins much earlier with unsafe planning, processes, and policies of the trucking company or driver leading up to the crash. “Why” is the most important question in a commercial vehicle crash – and it is often the most difficult. Thorough investigation, collection, and preservation to prevent spoliation of evidence are three of the things we do best at Ervin & Ervin.

    Regulatory Compliance

    Regulatory compliance is extremely important in semi-truck crash cases. A dedicated attorney can read the regulations and devote significant time and resources to educating himself, but over the years, trucking industry practices have evolved. There are now practices that are considered best practices or industry standards. This makes it important to understand not only the regulations but also how the industry has responded to the regulations in the form of management and operational practices.

    These include detailed standards, duties, and requirements for:

    • Commercial driver’s license requirements
    • Commercial driver qualification
    • Operation of a commercial motor vehicle
    • Maintenance and inspection of CMV
    • Hours of service
    • Statutory employer
    • Preservation of records
    • Lease and interchange of CMV’s
    • Minimum insurance requirements
    • Hazardous material transport
    • Substance abuse testing
    • Brokers

      Fighting to preserve and recover this evidence will require experience and skill. Remember: Defense attorneys try one type of case over and over. They have honed their processes and procedures over countless CMV accident cases. Doesn’t your client deserve the same level of representation? Every truck accident case deserves an experienced Oklahoma truck accident lawyer.

      The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all commercial vehicles engaged in interstate traffic. The State of Oklahoma has adopted Title 49, Parts 382, 383, 384, 390, 391, 392, 393, 394, 395, 396, 397, 398, and 399 of the federal regulations, with some modifications, for commercial motor vehicles involved in intrastate traffic. And of course, large trucks and buses also have to comply with all other state driving laws. The Oklahoma statutes relating to commercial motor vehicles can be found at 47 O.S § 161 through 47 O.S. § 230.34b.

      Experience Handling Insurance Issues

      Finally, Oklahoma truck accident cases present complex insurance issues including minimum financial responsibility levels, MCS-90 endorsements, tractor policies, trailer policies, bobtailing coverage, layered coverage, and broker liability policies. With the potential financial exposure of trucking companies and the potential for insurance losses in catastrophic 18-wheeler wrecks, the insurers have quick-response teams of attorneys to protect the commercial drivers and trucking companies. These teams often take exclusive control of the evidence your client needs to win before you have even been hired.

      Consider the benefits that Ervin & Ervin can bring to your case:

      • Assistance with case costs
      • Experience with trucking companies, trucking defense attorneys, and their insurers
      • Access to and contact with top-tier expert witnesses
      • Decades of collective knowledge and experience in truck and bus wreck cases
      • Critical help with discovery, evidentiary issues, pleadings, and briefing
      • Proven Oklahoma trial lawyers who have litigated cases in 64 of Oklahoma’s 77 counties and in the United States Federal District Courts in Oklahoma.

        Whether you are an experienced lawyer ready to give your client the advantage of teaming up with professional Oklahoma truck accident attorneys or this is your first time litigating a commercial vehicle accident case, we welcome your questions.

        Please contact us today by calling (918) 994-0880 to discuss how we can help your client seek the justice they deserve.

        “Being there for people, when they need it most, is important
        to us.”

        - Ervin & Ervin
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