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 Dublin, OH, truck accident lawyer 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. The trucking company will likely have more insurance than an individual driver, which means you may be able to get more compensation in an insurance claim against it. Our legal team can help you fight against the trucking company’s legal team and build a case that establishes how its 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 its employee causes while on the job. A trucking company can also be held liable if:
- It did not complete background checks on its drivers.
- It allowed drivers to get back on the road after failing their drug tests.
- It 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. Our Dublin, OH, truck accident lawyers will collect the evidence necessary to prove who was at fault and hold that party responsible for the damages they caused.
For a free legal consultation with a truck accident attorney in Dublin, call (614) 538-1116
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 Dublin, OH, truck accident lawyers can request this evidence on your behalf:
- 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
Dublin Truck Accident Attorney (614) 538-1116
What You Can Expect from the Truck Accident Claims Process in Dublin, OH
To get the compensation you need, our Dublin, OH, truck accident attorney can file a liability insurance claim against the trucking company’s insurer. This leaves the insurance company with three options:
- It approves your claim.
- It denies your claim.
- It attempts 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 losses. 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, our Dublin, OH, personal injury lawyers can represent you in court and present your case to the judge and jury.
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How Long do You Have to File Your Truck Accident Lawsuit?
According to Ohio Revised Code Section 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.
Filing a Wrongful Death Lawsuit After 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 Ohio Revised Code Section 2125.02.
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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.
Our truck accident team will work hard to help you prove any contribution you made to the accident was minimal. If you did not contribute to it, we make sure the evidence proves that. Our goal is to ensure your case is resolved with the best possible outcome.
Specific Damages You Can Recover
Every accident and every client will have a unique set of recoverable damages. Even two people injured in the same accident can have substantially different losses.
We will carefully assess your case and request the following forms of compensation:
- Medical bills, from the initial emergency care you receive until you reach maximum medical improvement
- Lost wages and income from full-time, part-time, freelance, consultancy, and full or partial business ownership
- Property damage expenses, including repairing or replacing your vehicle and recovering its diminished value
- Physical and emotional pain and suffering, including your physical discomfort and any required mental health care
The loss of a loved one can impact your family in many ways. Our team will help you recover the costs of making their final arrangements. We also fight to recover compensation for your loss of their financial and familial contributions to your family, as well as losses of consortium, companionship, guidance, and protection.
We Fight for You on a Contingency-Fee Basis
Many people delay hiring personal injury lawyers because they’re concerned about cost. Unfortunately, any delay in seeking compensation can be damaging to your case. A delay can lead to:
- The loss of access to evidence
- Fading memories
- Difficulty finding witnesses
- The statute of limitations expiring
You do not have to wait to put our team to work on your case. We will represent you on a contingency-fee basis, which will not cost you anything out of your own pocket. We will cover all the upfront expenses required to build your case, investigate your collision, and consult with experts.
We will accept a percentage of your settlement or verdict award as payment for our services. That means you can avoid a costly delay and start fighting for compensation immediately.
See Why Previous Clients Urge Others To Work with Our Injury Law Firm
Our legal team is committed to helping injured clients fight for the compensation they deserve. When they tell others about our client support and respect, previous clients say the following:
- Howie B.: Great people! The office staff was wonderful to deal with and David Bressman was a great attorney. We received a great settlement without the hassle of going to court…They really cared about what our needs were.
- Tashiea C.: They were very nice and understanding. Good with giving me information when I needed it…They got me a nice settlement when I was told by another firm it wasn’t worth it.
We work hard to make sure you get the responsive, communicative legal support you deserve throughout your fight. We’re ready to listen to your story now.
How You Can Retain a Dublin, OH, Truck Accident Lawyer
The Dublin, OH, truck accident lawyers at Bressman Law understand how confusing and stressful fighting for compensation 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.