Truck Accident Lawyer Near Me
In Ohio, when a negligent driver causes a car accident, you have the legal right to hold them financially responsible for the damages you suffered. The same is true if your injuries occurred in a Gahanna truck crash, except the trucker’s employer owes you for your medical bills, car repairs, lost wages, pain and suffering, and more.
At Bressman Law, our team gives every client the one-on-one attention they need and deserve. We want to know what we can do to help you get your life back to normal, and we will do everything we can to speed your recovery along. We are a boutique-level firm with access to a full range of resources to take on a trucking company of any size. We can handle even the most complicated trucking crash claims. Call us at 877-538-1116 for a free consultation with a truck accident lawyer in Gahanna.
What Damages Are Available After a Truck Accident?
The damages available after a truck crash vary based on the details of your accident and injuries. If we can collect evidence to prove the truck driver caused your crash, some of the damages we may be able to recover for you include:
- Medical bills;
- Rehabilitation or physical therapy costs;
- Prescription drug expenses;
- Lost wages;
- Repair or replacement of your vehicle;
- Out-of-pocket expenses related to the accident;
- Pain and suffering; and
- Wrongful death, if you lost a family member in the crash.
If the case goes to court, the judge could also award punitive damages. These damages punish the driver and trucking company and attempt to teach other companies not to make the same mistakes. These damages usually only occur in cases of egregious negligence.
Who Is Liable for My Injuries?
The trucking company or other employer of a negligent driver is liable for your injuries, thanks to the legal theory of vicarious liability. Under this theory, a business is liable for any negligent acts its employees commit while they are working. Since truckers drive for a living, any time they break traffic laws or ignore state or federal trucking regulations, their employers are liable for the damages that ensue.
This makes truck accident cases much more complex than your typical car crash claim. We can handle this type of claim for you, by:
- Identifying all liable parties;
- Investigatingthe cause of the accident;
- Collecting evidence to prove negligence;
- Filingan insurance claim against the trucking company and other liable parties;
- Negotiatinga fair settlement, if possible; and
- Filinga personal injury lawsuit on your behalf, if necessary.
What Can I Expect During the Claims Process?
There are several steps we must go through to recover the damages you deserve. This begins during your free initial consultation, where we will discuss your accident, your injuries, and what you believe caused your crash. If you decide you want us to handle your case, we get to work immediately.
Our team will request the police report, visit the site of the crash, interview any witnesses, and identify any other evidence. This allows us to build a strong case showing the trucker acted negligently and caused your crash. Sometimes we enlist the help of an accident reconstruction team or expert witnesses to help us prove your case. During our investigation, we will uncover exactly how your accident happened and why. We will also document all your damages and determine the value of your claim.
The Insurance Claim
Only once we complete our investigation can we approach the trucking company’s insurance company and file a claim. This third-party liability insurance claim will request compensation for your full range of damages. We will outline our proof of liability and evidence of your losses in a demand letter.
Most insurance companies respond with a settlement offer that does not cover your full losses. We launch into settlement negotiations from this point, putting in a counter-offer. This continues until we reach a fair settlement or the insurer refuses a higher offer. We will not accept a settlement that will not cover your current expenses and future accident-related medical needs.
Filing a Personal Injury Lawsuit
In most cases, we can settle a trucking accident claim out of court. Occasionally, the trucking company will refuse to pay out a fair settlement. When this occurs, we may need to file a civil lawsuit and ask a judge to award you the compensation you deserve.
Can I Handle a Truck Accident Claim on My Own?
While you can handle your claim on your own, it is important to consider what this entails before making that decision. The trucking company likely has an in-house legal team—and its insurance company has its own lawyers, too. None of them want to admit wrongdoing or pay you, no matter how serious your injuries.
There is often a wealth of evidence in truck accident cases. This is a good thing when it comes to proving your case, but it can make handling things on your own more complex. You will need to take action quickly after the crash, sending a spoliation letter to preserve any evidence in the hands of the trucking company. This letter legally obligates the company to protect evidence like:
- The driver’s rest logs;
- Data from onboard computers;
- Maintenance records;
- Truck inspection logs;
- Post-accident drug and alcohol test results showing the driver was impaired; and
- Other records related to the driver or truck.
In addition to facing off against corporate lawyers and ensuring the trucking company does not destroy evidence, there are also complex laws you will need to understand. We can handle this entire process for you, reducing your stress and letting you focus on your physical healing.
How Can I Talk to a Truck Accident Lawyer Near Me?
At Bressman Law, we provide every client with personalized services to meet their individual needs. When you ask us for help winning your truck accident case, you become a member of our family. We will fight for the maximum compensation available based on the facts of your accident. Call us at 877-538-1116 today for a complimentary consultation.