After being involved in a truck accident, you are probably wondering what your rights are and how you can protect them.
You can protect your rights after a truck accident by:
- Getting medical attention for your injuries
- Filing a police or crash report
- Keeping an itemized list of your damages
- Understanding the value of your collision-related losses
You should also consider working with a personal injury lawyer. They can explain your rights and help you form a legal strategy for recovering compensation.
Truck Accidents and Their Consequences
Trucks are much larger than passenger vehicles and sometimes carry dangerous or flammable materials. For these reasons, truck accidents often have more serious consequences than other motor vehicle accidents, including a higher fatality rate.
Unfortunately, truckers do not always follow the rules of the road or laws that govern the trucking industry. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2017, almost one-third of all fatal truck accidents were the result of driver error. Usually, these actions involved speeding or distracted driving.
If you suffered losses in a truck accident, you will need to use evidence to demonstrate the nature of your injuries, the cost of your damages, and the cause of the collision. A truck accident lawyer can implement a plan of action to help you recover compensation for your losses.
For a free legal consultation, call (614) 538-1116
You Have the Right to Seek Compensation
As the injured party of a truck accident, you are likely facing a lot of bills. Yet, with the help of a truck accident lawyer, you can take measures that work to hold the liable party legally accountable for your losses. You may be able to recover the cost of your economic damages.
Economic damages can encompass a number of accident-related costs, including:
- Lost wages
- Diminished earning capacity
- Medical expenses
- Property damage expenses
- Funeral expenses
A motor vehicle accident can result in the loss of your independence, mobility, or even a loved one. Depending on your case, you may be eligible to pursue the cost of your noneconomic damages.
Noneconomic damages encompass both physical and emotional losses, such as:
- Pain and suffering
- Reduced quality of life
- Loss of consortium
- Loss of companionship
A lawyer can explain what additional damages you may be able to pursue.
The Laws Surrounding an Ohio Trucking Accident Case
If you cannot reach an agreement with the liable insurance company, then you may need to file a personal injury lawsuit. Filing a lawsuit involves much more than simply notifying the liable party of your legal intentions.
You will also need an understanding of how the state’s laws apply to your case, including:
The Statute of Limitations
Your right to seek compensation does not last forever. The state’s statute of limitations puts a time limit on your eligibility to file a lawsuit.
If you are filing a lawsuit following a truck accident, then you usually have two years from the date of the collision to take action, per Ohio Revised Code § 2305.10. The same holds true for wrongful death lawsuits, as codified in Ohio Revised Code § 2125.02––except the time you have to act starts from the date of your loved one’s passing.
You need to file your trucking accident lawsuit within the state’s statute of limitations or risk being barred from recovering compensation.
Ohio’s Contributory Negligence Laws
Motor vehicle accidents can get complicated. In some cases, a claimant who is seeking damages may also be partially responsible for the accident. According to Ohio Revised Code § 2315.33, these claimants may still pursue damages, as long as their share of responsibility is less than the other party’s. However, your percentage of fault will be deducted from the amount of compensation you can receive.
Trucking Accidents and Respondeat Superior
Right now, you may be unsure of who to hold responsible for your trucking accident-related expenses. After reviewing the information in your case, your lawyer might determine that multiple parties can be held responsible for your damages. This may include not only the at-fault trucker but also their employer if they were driving a truck as part of their job.
According to the Legal Information Institute (LII), an employer can be held legally responsible for the actions of their employees under certain conditions. A lawyer can handle negotiations between the liable parties, their insurers, and their legal counsel.
Protect Your Legal Rights with Bressman Law
Now that you know how to protect your rights after a truck accident, you should consider reaching out to the legal team at Bressman Law. We have served personal injury clients for over 30 years. Call our office at (877) 707-1385. We can help you protect your rights and explain your financial recovery options.