If you were in a truck accident in Dublin, OH, that left you with injuries, you may be entitled to pursue compensation from the at-fault driver or another party that contributed to the accident. A truck accident lawyer from Bressman Law serving Dublin, OH, can build your claim or lawsuit and fight for the financial recovery you need.
Our legal team at Bressman Law handles personal injury cases of all kinds, including automobile accident cases involving semi-trucks, tractor-trailers, and other large commercial trucks. If a trucker’s careless or negligent actions caused your accident, we can recover compensation for your medical bills, lost wages, pain and suffering, and other damages.
Who Could be Liable for Your Truck Accident Damages
If a truck driver makes a mistake, breaks the law, or acts carelessly behind the wheel, it can have devastating effects. If their negligence led to an accident that caused your injuries, you may have the right to file a claim for compensation. However, keep in mind that it is not always the truck driver responsible for your damages.
One strategy our legal team might suggest is pursuing the trucking company. Trucking companies carry more extensive insurance policies than individual drivers, which means you may be able to get more compensation in an insurance claim against them. Our legal team can help you fight against the trucking company’s legal team and build a case that establishes how their negligence contributed to the accident.
A legal concept known as vicarious liability says the truck driver’s employer may be held liable for any injuries their employee causes while on the job. Trucking companies can also be held liable if:
- They did not complete background checks on their drivers.
- They allowed drivers to get back on the road after failing their drug tests.
- They encouraged or forced drivers to falsify hours of service logs.
Note: This does not apply if the truck driver is self-employed. Self-employed drivers are liable for their own actions.
Other Potentially Liable Parties in Truck Accident Cases
Occasionally, other parties may also be held liable for injuries in a truck collision. This typically occurs when something goes wrong with the truck itself or one of its parts.
Parties who might be liable in these cases include:
- The truck manufacturer
- The parts manufacturer
- The maintenance company
- The tire maker or distributor
- Others involved in the repair or upkeep of the truck
We will analyze the facts of your case and identify all potentially liable parties. We will collect the evidence necessary to prove who was at fault and hold that party responsible for the damages they caused.
The Kinds of Evidence You Need to Build Your Truck Accident Case
Our legal team can investigate your accident to retrieve evidence. In many cases involving commercial trucks, the trucking company holds significant evidence that we may need to prove the truck driver caused the crash.
Our team can request this evidence on your behalf and might include:
- The truck driver’s logs
- Maintenance logs
- Data from the truck’s onboard computer
- The trucker’s driving records
- Drug and alcohol test results
- The truck driver’s personnel file
We can Also Send a Spoliation Letter to Prevent Evidence from Being Destroyed
To preserve and gain access to time-sensitive evidence, we must send a special notice to the trucking company. Called a spoliation letter, this document recognizes our forthcoming claim and demands the trucking company safeguard the evidence in your case.
Examples of evidence we might include in a spoliation letter include, but are not limited to:
- The truck driver’s hours of service logs and record of duty status
- Maintenance records
- Any documents referencing the accident (e.g., the crash report)
- The results of any drug tests administered before or after the crash
- Truck inspection records
- Any information relating to the cargo the truck was carrying
- The driver’s payroll records
- The driver’s personnel file
What You can Expect from the Truck Accident Claims Process in Dublin, OH
To get the compensation you need, we can file a liability insurance claim against the trucking company’s insurer. This leaves the insurance company with three options:
- They approve your claim
- They deny your claim
- They attempt to negotiate a smaller settlement
Many insurance companies choose the last option. We can enter negotiations to discuss settlement terms in hopes of reaching an agreed-upon total that covers your financial losses and provides for your future care. If we cannot reach a just settlement, we can file a personal injury lawsuit to continue your pursuit of compensation.
If You File a Lawsuit
Filing a lawsuit does not mean your case will go to court. Often, filing a lawsuit or threatening to do so encourages the trucking company to offer a higher payout or agree to your settlement terms. However, if necessary, we can represent you in court and present your case to the judge and jury.
How Long You Have to File Your Truck Accident Lawsuit
According to Ohio Revised Code (ORC) §2305.10, you generally have two years from the collision date to file your truck accident lawsuit. This is separate from filing an insurance claim, which may have a different deadline, depending on the insurance company’s policy.
If you do not file your lawsuit on time, you risk getting your case dismissed, which would mean you would be unable to compel the liable party to pay compensation. This is a concern if you are negotiating a settlement for a claim and talks become stagnant. However, our team will keep track of this deadline and advise you when to take action when necessary.
If You are Filing a Wrongful Death Lawsuit About a Truck Accident
If your case involves the death of a loved one, you have two years from their passing to file your wrongful death lawsuit, per ORC §2125.02.
You can Recover Compensation If You Were Partially at Fault
You can expect the insurer to do what it can to assign at least a portion of fault for the accident to you. So, what happens if the insurer is successful? Can you still recover compensation?
Ohio’s negligence laws say you can—as long as the other party is more at fault than you are.
However, it is important to note that your percentage of fault will reduce your settlement. For example, if the insurer found you 30 percent liable for the accident and you demanded $100,000 for your injuries, you can only recover $70,000.
How You can Retain a Truck Accident Lawyer Near You
The truck accident lawyers at Bressman Law who serve Dublin, OH, understand how confusing and stressful fighting for the compensation you need after a crash can be. Let us worry about your truck accident insurance claim or lawsuit while you focus on your recovery.
Call our office today for a free, no-obligation appointment with one of our team members.