After a truck crash in Oklahoma, state and federal rules set how long you have to file a case, how shared fault is handled, and what insurance a carrier must carry. Those same bodies of law also cover hours of service. This page is general information, not legal advice for your situation.
How long do you have to file after an Oklahoma truck crash?
Most personal-injury cases after an Oklahoma truck accident must be brought within two years. Under 12 O.S. §95(A), civil actions other than for the recovery of real property can only be brought within the listed periods after the cause of action accrues, and not afterwards. Section 95(A)(3) includes, within two years, "an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated." That language covers most personal-injury cases arising from a truck crash.
A wrongful-death action is on a related clock. 12 O.S. §1053(A) provides that when the death of one is caused by the wrongful act or omission of another, the personal representative may maintain an action, and that "[t]he action must be commenced within two years."
Those periods can be shorter or longer in some situations, depending on the facts. If the crash involves the state, a city, or a county, a written notice generally must be presented first. Under 51 O.S. §156(B), a notice to the state or a political subdivision generally must be presented within one year of the date the loss occurs, and the matter "shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs." The notice must be in writing. When the loss is a death, 51 O.S. §156(I) allows the personal representative to present notice within one year after the death occurs. This notice period is not the same as the two-year filing period in 12 O.S. §95 and §1053, and it can run first. Under 51 O.S. §157(A), a claim is deemed denied if the state or political subdivision fails to approve the claim in its entirety within ninety (90) days, unless the state or political subdivision has denied the claim or reached a settlement with the claimant before the expiration of that period. After a claim is denied, including by that deemed denial, 51 O.S. §157(B) provides that no action arising under the GTCA, 51 O.S. §151 et seq., shall be maintained unless valid notice has been given and the action is commenced within one hundred eighty (180) days after denial of the claim. The parties may agree in writing to extend that period, but no such extension shall be for longer than two (2) years from the date of the loss.
Some records also disappear faster than the lawsuit deadline. Hours-of-service files, inspection reports, and electronic data can have their own retention periods. See trucking spoliation of evidence and truck accident investigation.
How do shared fault and several liability work after an Oklahoma truck crash?
Oklahoma uses a modified comparative-negligence rule. Under 23 O.S. §13, in an action for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence does not bar a recovery unless the injured person's negligence is of greater degree than the negligence of the person, firm, or corporation causing the damage, or of greater degree than the combined negligence of any persons, firms, or corporations causing such damage.
If recovery is allowed, 23 O.S. §14 then reduces the amount of the recovery in proportion to the injured person's own contributory negligence. A person who is not more at fault than the other side, or than all of the other at-fault parties combined, may still recover, but the recovery is reduced by that person's own share of fault.
A truck crash can involve more than one responsible party, including a driver, a motor carrier, a freight broker, a shipper or cargo defendant, or a maintenance company. Identifying each party can matter because of several liability.
In a civil action based on fault and not arising out of contract, 23 O.S. §15(A) provides that liability for damages caused by two or more persons "shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor." Section 15(B) is a separate rule: "This section shall not apply to actions brought by or on behalf of the state." Section 15(C) is also separate: the provisions of §15 apply to all civil actions based on fault and not arising out of contract that accrue on or after November 1, 2011.
What insurance must a trucking company carry?
Insurance minimums are floors, not typical policy limits and not the value of a case. Actual policies, excess or umbrella coverage, and other responsible parties vary from case to case.
Federal public-liability minimums for many motor carriers are set out in 49 CFR 387.9, Table 1, as amended through 91 FR 45660 (July 21, 2026). Under row (1), a for-hire carrier of nonhazardous property, in interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds, must maintain at least $750,000. Under row (3), for-hire and private carriers must maintain at least $1,000,000 when transporting listed oil or other hazardous materials not mentioned in row (2) or (4), in interstate or foreign commerce in any quantity, or in intrastate commerce in bulk only, in a vehicle rated 10,001 or more pounds. Rows (2) and (4) require $5,000,000 for certain listed bulk hazardous substances, explosives, poison-inhalation materials, and highway route controlled quantities of Class 7 material. Row (2) also includes in bulk Division 2.1 or 2.2 material. Row (2) applies to for-hire and private carriers in interstate, foreign, or intrastate commerce with a rating of 10,001 or more pounds. Row (4) applies to for-hire and private carriers in interstate or foreign commerce with a rating of less than 10,001 pounds. These federal figures are table minimums, not a promise that every truck on an Oklahoma road carries at least $750,000 in coverage.
The 49 CFR 387.9, Table 1 minimums stated above are:
| Row | Carriage and weight | Load | Minimum |
|---|---|---|---|
| (1) | For-hire, in interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds | Nonhazardous property | $750,000 |
| (2) | For-hire and private, in interstate, foreign, or intrastate commerce, with a rating of 10,001 or more pounds | Certain listed bulk hazardous substances, explosives, poison-inhalation materials, and highway route controlled quantities of Class 7 material, and in bulk Division 2.1 or 2.2 material | $5,000,000 |
| (3) | For-hire and private, in interstate or foreign commerce in any quantity, or in intrastate commerce in bulk only, in a vehicle rated 10,001 or more pounds | Listed oil or other hazardous materials not mentioned in row (2) or (4) | $1,000,000 |
| (4) | For-hire and private, in interstate or foreign commerce, with a rating of less than 10,001 pounds | Certain listed bulk hazardous substances, explosives, poison-inhalation materials, and highway route controlled quantities of Class 7 material | $5,000,000 |
Oklahoma also sets floors for many intrastate operations. Okla. Admin. Code 165:30-3-11, amended at 42 Ok Reg, Number 20, effective July 11, 2025, applies to for-hire motor carriers. Under 165:30-3-11(b), the minimum limits in 49 CFR Part 387 "shall also be applicable to intrastate operations unless otherwise specified in subsections (b)(1)-(4)." For property in vehicles with a gross vehicle weight rating of 10,000 pounds or more, the usual Oklahoma floor is $750,000, including deleterious substances, and listed hazardous materials follow 49 CFR 387.9. The Oklahoma rule uses "10,000 pounds or more." The federal table uses "10,001 or more pounds." This page states each threshold as written. Carriers using only vehicles under 10,000 pounds generally must maintain $300,000 for commodities not listed as hazardous in that subsection; that $300,000 figure is the Oklahoma for-hire rule for those lighter vehicles, not a general federal minimum. Certain restricted property, including sand, rock, gravel, rip-rap, aggregate or dirt; asphaltic paving mixtures, excluding concrete; unprocessed forestry products; unprocessed agricultural commodities; and ordinary livestock, has a $350,000 floor. A related statute, 47 O.S. §230.30, requires intrastate motor carriers of sand, rock, gravel, asphaltic mixtures, or other similar road-building materials to maintain $350,000 combined single limit liability insurance, and it exempts those carriers from filing cargo insurance.
Private carriers required to obtain a private carrier license are under a separate rule, Okla. Admin. Code 165:30-15-6, also effective July 11, 2025. That rule requires $350,000 for non-hazardous commodities in 165:30-15-6(b)(1) and $750,000 for deleterious substances in (b)(2). Hazardous materials in (b)(3) follow the amounts required by 49 CFR Parts 100 through 399. Which rule applies depends on the carrier, the vehicle, the load, and whether the trip is interstate or solely intrastate.
What are the hours-of-service limits for truck drivers?
Federal hours-of-service rules limit how long a property-carrying driver may drive and remain on duty, and they require records that can show whether those limits were followed. Fatigue and hours questions are also discussed on the truck driver fatigue page.
Under 49 CFR 395.3, except as otherwise provided in 49 CFR 395.1, a motor carrier may not permit or require a driver to drive a property-carrying commercial motor vehicle, and the driver may not drive one, unless the driver complies with these limits, among others in that section. The driver may not drive without first taking 10 consecutive hours off duty, and may not drive after 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may drive a total of 11 hours during that 14-hour period. Except for drivers who qualify for either short-haul exception in 49 CFR 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status, which may be off-duty, sleeper-berth, or on-duty not-driving time, or a combination of those. A driver may not drive after 60 hours on duty in any period of 7 consecutive days if the carrier does not operate commercial motor vehicles every day of the week, or after 70 hours in any period of 8 consecutive days if the carrier does. A 7-day or 8-day period may end with the beginning of an off-duty period of 34 or more consecutive hours.
The 49 CFR 395.3 limits stated above are:
| Limit | Rule |
|---|---|
| 10 hours off duty | The driver may not drive without first taking 10 consecutive hours off duty. |
| 14-hour window | The driver may not drive after 14 consecutive hours after coming on duty following 10 consecutive hours off duty. |
| 11 hours driving | The driver may drive a total of 11 hours during that 14-hour period. |
| 30-minute interruption | Except for drivers who qualify for either short-haul exception in 49 CFR 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status, which may be off-duty, sleeper-berth, or on-duty not-driving time, or a combination of those. |
| 60-hour / 70-hour | A driver may not drive after 60 hours on duty in any period of 7 consecutive days if the carrier does not operate commercial motor vehicles every day of the week, or after 70 hours in any period of 8 consecutive days if the carrier does. |
| 34-hour restart | A 7-day or 8-day period may end with the beginning of an off-duty period of 34 or more consecutive hours. |
49 CFR 392.3 separately provides that no driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate one, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe to begin or continue operating the vehicle. There is a narrow exception for a grave emergency, only as far as the nearest place at which the added hazard is removed.
The records have short retention periods. Under 49 CFR 395.8(k)(1), a motor carrier must retain records of duty status and supporting documents required under Part 395 for each of its drivers for a period of not less than 6 months from the date of receipt. Under 395.8(k)(2), the driver must retain a copy of each record of duty status for the previous 7 consecutive days, in the driver's possession and available for inspection while on duty. Under 49 CFR 395.11, a driver must submit supporting documents to the employer within 13 days of either the 24-hour period to which the documents pertain or the day the document comes into the driver's possession, whichever is later. The carrier must retain listed categories of supporting documents, for every 24-hour period, to verify on-duty not-driving time, in accordance with 395.8(k). Those categories include trip, dispatch, expense, communication, and payroll records used to verify that time.
Oklahoma-only trips are not automatically exempt from safety rules. 47 O.S. §230.4 authorizes the Commissioner of Public Safety, to the extent necessary to administer the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act, to adopt by reference all or any portion of the federal motor carrier safety regulations and the hazardous materials regulations. That statute is an authorization to adopt rules. It is not, by itself, a list of the rules that have been adopted, and it is not a blanket exemption for an Oklahoma-only carrier.
47 O.S. §230.15(D) requires the Department of Public Safety, in adopting hours rules, to establish limitations on driving hours that are consistent with the federal hours-of-service requirements. The same subsection also provides that driving hours and on-duty status shall not begin following less than eight (8) consecutive hours off duty, and that drivers shall be regulated from the time a driver first reports for duty for any employer. It then states two exceptions. First, the maximum driving time within a work period is 12 hours if the vehicle is engaged solely in intrastate commerce and is not transporting hazardous materials as defined by the applicable federal regulations, with a further emergency exception, after notification, for certain rural electric cooperative, public utility, public service corporation, or municipal employees restoring essential services. Second, no rule shall be adopted that enforces 49 CFR 395.3(a)(3)(ii) relating to rest breaks, if the driver or motor carrier is engaged solely in intrastate commerce. Whether a particular trip is solely intrastate, and whether an exception applies, depends on the facts of the load and the route.
When can punitive damages be awarded?
Oklahoma allows punitive damages only in limited cases. Under 23 O.S. §9.1, in an action for the breach of an obligation not arising from contract, the jury may, in addition to actual damages and subject to the limits in subsections B, C, and D, award punitive damages for the sake of example and by way of punishing the defendant. The jury may do so only after finding the required facts by clear and convincing evidence, and only in a separate proceeding conducted after the jury has made that finding and awarded actual damages.
The statute sets three categories. Under Category I, §9.1(B), if the jury finds reckless disregard for the rights of others, or that an insurer recklessly disregarded its duty of good faith, punitive damages may not exceed the greater of $100,000 or the amount of the actual damages awarded. Under Category II, §9.1(C), if the jury finds that the defendant acted intentionally and with malice toward others, or that an insurer did so in breaching its duty of good faith, punitive damages may not exceed the greatest of $500,000, twice the actual damages awarded, or the increased financial benefit derived from the conduct. If the award is based on that financial-benefit prong (subparagraph c of §9.1(C)), the trial court shall reduce it by the amount the defendant or insurer has previously paid as a result of all punitive damage verdicts entered in any court of this state for the same conduct. Under Category III, §9.1(D), if the jury makes that same intentional-and-with-malice finding, and the court also finds, on the record and out of the presence of the jury, that there is evidence beyond a reasonable doubt that the defendant acted intentionally and with malice and engaged in conduct life-threatening to humans, the jury may award punitive damages in any amount it deems appropriate, without regard to the Category I and II limits. An award made in a manner other than as required in the applicable subsection is void and reversible error. The statute does not predict whether punitive damages will be available in a given truck crash.
Can a freight broker be sued after a truck crash?
Some truck trips are arranged by a freight broker rather than by the shipper hiring the motor carrier directly. On May 14, 2026, the U.S. Supreme Court decided Montgomery v. Caribe Transport II, LLC, No. 24-1238. A unanimous Court held that a state-law action alleging that a freight broker negligently hired another company to transport goods is not preempted by the Federal Aviation Administration Authorization Act, because States retain authority to regulate safety "with respect to motor vehicles" under 49 U.S.C. §14501(c)(2)(A). Even if the Act's preemption provision would otherwise reach that action, the safety exception saves it. The plaintiff must still prove the elements of the state-law case. The Court did not decide how the separate intrastate-broker provision, 49 U.S.C. §14501(b), applies; subsection (b) was not before the Court. For a fuller discussion of broker and shipper issues, see broker liability.
What should you do after an Oklahoma truck crash?
If you were hurt in a truck crash in Oklahoma, get medical care and a crash report, and be careful about recorded statements to an insurer. Ask that the truck, the trailer, and the electronic and hours-of-service records described above be preserved. The what to do after a truck crash page walks through those first steps. Deadlines and several-liability rules make it important to identify every responsible party early, including a carrier, broker, or shipper when the facts support it.
FAQs
How long do you have to file a truck accident lawsuit in Oklahoma?
Generally two years (12 O.S. §95(A)(3) or §1053(A)). Notice to the state, city, or county is generally due within one year (51 O.S. §156). A claim is deemed denied if not approved in its entirety within 90 days (51 O.S. §157(A)). A suit must be commenced within 180 days after denial (§157(B)).
Can I recover damages in Oklahoma if I was partly at fault for a truck crash?
Often yes. Under 23 O.S. §13, contributory negligence does not bar recovery unless the injured person's negligence is of greater degree than the other side, or than all who caused the damage combined. 23 O.S. §14 then reduces the recovery in proportion to that share of fault.
What is the minimum insurance for an interstate trucking company?
Under 49 CFR 387.9, a for-hire carrier of nonhazardous property in interstate or foreign commerce, in a vehicle rated 10,001 or more pounds, must carry at least $750,000. The table requires $1,000,000 for listed oil and other hazardous materials, and $5,000,000 for certain bulk or high-hazard loads.
What insurance must an Oklahoma intrastate trucking company carry?
$750,000 is the usual floor for property in vehicles rated 10,000 pounds or more under Oklahoma Admin. Code 165:30-3-11, effective July 11, 2025. Some restricted loads are $350,000. Private carriers under 165:30-15-6 generally have a $350,000 nonhazardous floor. These are minimums, not typical policy limits.
What are the federal hours-of-service limits for property-carrying trucks?
Under 49 CFR 395.3, a property-carrying driver may not drive more than 11 hours or after 14 consecutive hours after coming on duty following 10 hours off duty, and may not drive after 60 hours on duty in 7 days or 70 hours in 8 days. 49 CFR 392.3 bars driving while impaired by fatigue or illness.
Can a freight broker be sued after a truck crash?
On May 14, 2026, the U.S. Supreme Court held in Montgomery v. Caribe Transport II that the FAAAA does not preempt a state negligent-hiring action against a broker. The safety exception, 49 U.S.C. §14501(c)(2)(A), saves it. It must still be proven under state law. The Court did not decide how §14501(b) applies.
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Sources
- 12 O.S. §95(A)(3) (two-year limitation for, among other actions, an action for injury to the rights of another not arising on contract). https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+o.s.+95.
- 12 O.S. §1053(A) (wrongful-death action must be commenced within two years). https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=12+o.s.+1053.
- 23 O.S. §13 (comparative negligence). Official compilation: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os23.pdf. OSCN: https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=23+o.s.+13.
- 23 O.S. §14 (damages diminished in proportion to contributory negligence). Official compilation: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os23.pdf. OSCN: https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=23+o.s.+14.
- 23 O.S. §15 (several liability in a civil action based on fault and not arising out of contract; §15(B) and §15(C) are separate subsections). Official compilation: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os23.pdf. OSCN: https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=23+o.s.+15.
- 23 O.S. §9.1 (punitive damages; Categories I, II, and III; clear and convincing evidence; separate proceeding). Official compilation: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os23.pdf. OSCN: https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=23+o.s.+9.1.
- 47 O.S. §230.4 (Commissioner of Public Safety may adopt federal motor carrier safety and hazardous materials regulations by reference). https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=47+o.s.+230.4.
- 47 O.S. §230.15(D) (hours-of-service rules to be consistent with federal requirements; driving hours and on-duty status shall not begin following less than eight consecutive hours off duty; drivers shall be regulated from the time a driver first reports for duty for any employer; a 12-hour driving maximum for solely intrastate non-hazardous trips; and no enforcement of 49 CFR 395.3(a)(3)(ii) rest breaks for solely intrastate operations). Official compilation: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf. OSCN: https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=47+o.s.+230.15.
- 47 O.S. §230.30 (intrastate motor carriers of sand, rock, gravel, asphaltic mixtures, or other similar road-building materials: $350,000 combined single limit liability insurance; no cargo-insurance filing required). https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=47+o.s.+230.30.
- 51 O.S. §156 (written notice to the state or a political subdivision generally within one year of the loss; notice of a death may be presented by the personal representative within one year after the death). https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=51+o.s.+156.
- 51 O.S. §157(A)–(B) (a claim is deemed denied if the state or political subdivision fails to approve the claim in its entirety within 90 days, unless it has already been denied or a settlement has been reached; no action arising under the GTCA, 51 O.S. §151 et seq., shall be maintained unless valid notice has been given and the action is commenced within 180 days after denial of the claim; the parties may agree in writing to extend that period, but no such extension shall be for longer than two years from the date of the loss). Official compilation: https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os51.pdf. OSCN: https://www.oscn.net/applications/oscn/deliverdocument.asp?cite=51+o.s.+157.
- 49 CFR 387.9 (financial responsibility, minimum levels; Table 1; as amended at 91 FR 45660, July 21, 2026). https://www.ecfr.gov/current/title-49/section-387.9.
- 49 CFR 392.3 (ill or fatigued operator). https://www.ecfr.gov/current/title-49/section-392.3.
- 49 CFR 395.3 (maximum driving time for property-carrying vehicles). https://www.ecfr.gov/current/title-49/section-395.3.
- 49 CFR 395.8(k) (retention of a driver's record of duty status and supporting documents: not less than 6 months from the date of receipt; driver retains the previous 7 consecutive days while on duty). https://www.ecfr.gov/current/title-49/section-395.8.
- 49 CFR 395.11 (supporting documents; submission within 13 days; retention in accordance with 395.8(k)). https://www.ecfr.gov/current/title-49/section-395.11.
- Okla. Admin. Code 165:30-3-11 (Insurance), amended at 42 Ok Reg, Number 20, effective July 11, 2025. Oklahoma Secretary of State, Office of Administrative Rules. https://rules.ok.gov/code.
- Okla. Admin. Code 165:30-15-6 (Insurance), amended at 42 Ok Reg, Number 20, effective July 11, 2025. Oklahoma Secretary of State, Office of Administrative Rules. https://rules.ok.gov/code.
- Montgomery v. Caribe Transport II, LLC, No. 24-1238 (U.S. May 14, 2026) (slip opinion). https://www.supremecourt.gov/opinions/25pdf/24-1238_1b7d.pdf.