According to the Federal Motor Carrier Safety Administration (FMCSA), some 18-wheelers can weigh 20 to 30 times more than a standard passenger car. In a collision between these two vehicles, the occupants of the smaller car can suffer life-threatening injuries. Unfortunately, truck accidents happen every day. In fact, the Ohio State Highway Patrol notes that 121 people were killed in heavy truck crashes in 2018.
If you were injured or lost a loved one in an 18-wheeler truck accident that was another party’s fault, you may be entitled to receive compensation for your losses. Yet, Ohio’s personal injury laws can be complicated. For this reason, you may not want to undertake any legal burdens alone.
Fortunately, there is help available from the Delaware 18-wheeler lawyers at Bressman Law. We have been serving personal injury clients for more than 30 years. We are ready to fight for the compensation for which you may be entitled.
We provide a free consultation to examine the facts of your case and explain how we can help. To get started, call Bressman Law today at (614) 538-1116.
Liable Parties in an 18-Wheeler Truck Accident
Accident cases involving 18-wheelers can become especially complicated since multiple parties can be held responsible. Truck drivers, their employers, and maintenance providers must comply with the rules and regulations of the FMCSA and of the Public Utilities Commission of Ohio (PUCO). When any party fails to do so and an accident results, they can be held financially liable.
Our Delaware 18-wheeler lawyers are aware of these regulations and can determine how they factor into your case.
Liable parties in your truck accident could include:
- The truck driver. Truckers must have a commercial driver’s license (CDL) and follow various mandates that regulate the trucking industry. Truckers who drive while fatigued, distracted, or impaired by substances, can be held liable.
- The trucking company. According to the Legal Information Institute (LII), the trucker’s employer could be found responsible under “respondeat superior.” This doctrine asserts that an employer could be held responsible for the actions of their employee. Additionally, the trucking company could be found negligent if they failed to adequately train drivers or implemented unreasonable delivery schedules.
- Maintenance or repair companies. If a maintenance or repair company failed to make a vehicle roadworthy by issuing substandard repairs, they could be found liable.
- Manufacturers of the truck. If a truck’s components prevented the driver from driving safely, this party could be held accountable for your economic and noneconomic damages.
- The cargo loading company. When loading a truck with cargo, workers must make sure that cargo is adequately tied down, balanced, and does not exceed the weight limit. If they fail to uphold these duties, they could be implicated in your claim or lawsuit.
There may be a party responsible for your damages that we have not included here. Either way, a Delaware 18-wheeler lawyer from Bressman Law can help you. Call today.
For a free legal consultation with a 18-wheeler accident attorney in Delaware, call (614) 538-1116
Compensation You Could Recover
At Bressman Law, our Delaware 18-wheeler lawyers can evaluate your situation and assign value to each of your damages. We can do this by examining billing statements, invoices, and receipts as they pertain to the accident.
Compensatory damages fall into two categories: economic and noneconomic. Economic damages are compensation for your calculatable monetary losses.
These may include:
- Medical and rehabilitation bills
- Lost wages and potential future earnings
- Property damage
Noneconomic damages are for items that do not have an established monetary value. Your lawyer will look at the extent of your injuries and quality of life to arrive at a figure for these types of losses.
Examples of noneconomic damages can include:
- Pain and suffering
- Mental anguish
You can trust your lawyer to fight for a fair settlement with the insurance company. If these negotiations are unfruitful, then you have the option of taking your case to court. To learn more about your legal options, call Bressman Law today at (614) 538-1116.
Delaware 18-Wheeler Accident Attorney (614) 538-1116
Proving Negligence in Your 18-Wheeler Truck Accident Case
To win your case, our attorneys will have to prove that the other party was negligent, and this resulted in your accident.
There are four elements necessary to proving negligence:
- Duty of care. The other party owed a duty of care to reasonably take actions that would not harm others.
- Breach of duty of care. The other party breached this duty by employing reckless or careless actions.
- Causation. By violating their duty of care, the other party caused the accident.
- Damages. You suffered injuries and financial losses from an accident that you did not cause.
In order to prove these elements, your legal team will need to investigate your case, gather evidence, and interview witnesses.
This could involve:
- Collecting various forms of evidence, including traffic surveillance footage
- Reviewing the police report made at the accident scene
- Consulting with third-party field experts to gain further insight into your accident and injuries
- Determining whether the trucker had previous accidents on their record
- Examining the trucker’s logbook for relevant pieces of information
Your lawyer can work to promote your case’s success in ways that we have not listed here.
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Ohio has a deadline for filing a personal injury lawsuit. According to Ohio Revised Code Section 2305.10, you generally have two years from the date of your accident to file a lawsuit. If you are a qualifying representative filing a wrongful death claim, under Ohio Revised Code Section 2125.02, you usually have two years from the date of your loved one’s passing to take your case to court.
At Bressman Law, we can only imagine the turmoil you are going through after being in a collision with an 18-wheeler. Our legal team wants to be a part of your support system during this challenging time. To begin a free case review with a member of our team, call us today at (614) 538-1116.