A Hilliard truck accident can change your life in an instant. All too often, these collisions occur because a trucker makes a careless mistake, violates federal hours of service rules, or engages in other reckless behaviors like texting while driving. If this happened to you or a loved one, we want you to know you may be eligible to file a claim against the trucking company to recover compensation for your medical bills, lost wages, pain and suffering, and more.
At Bressman Law, our legal team has the skill and resources necessary to navigate even the most complicated truck accident claim. Depending on the circumstances of your case, we may be able to hold the driver and the trucking company liable for the full cost of your injuries and any related expenses. Call us today at 877-538-1116 to schedule a time to talk with a truck accident lawyer in Hilliard about your legal options.
Who is responsible for paying my medical bills and other expenses after a Hilliard truck accident?
While every driver on the road has a certain responsibility to uphold traffic laws and drive safely, state and federal laws hold professional truck drivers to an even higher standard. Like any other car accident, when drivers break these rules and cause a crash, they are responsible for any injuries they cause.
In the event of a truck accident, however, there is also another party involved: the trucker’s employer. Known as “vicarious liability,” the law states that an employer is responsible for anything its employees do while completing their job duties. When the employee is a trucker, this includes causing a car accident. This means the trucking company is also liable in most Ohio truck accident cases.
Rarely, a truck accident occurs because of an issue with the truck and not because the truck driver acted negligently. However, the trucking company is often still liable in these cases because skipped maintenance or failed inspections led to the problem. In other cases, though, another party might be liable. This may include:
- Truck manufacturers
- Parts manufacturers
- Tire manufacturers
- Companies hired for repairs or maintenance
Truck accident cases are rarely simple. We can evaluate your case and help you understand the role the driver, trucking company, and third parties played in causing your accident. We will identify all parties who played a role in your crash, and hold each of them responsible by filing an insurance claim and collecting compensation to cover your medical bills, lost wages, and other damages.
How does the truck accident claims process work in Central Ohio?
We can settle most Ohio truck accident cases by filing a claim with the trucking company’s insurer. This process can take several months of intense, tireless work. We collect all available evidence supporting your claim, and interview all available witnesses. We may also consult other resources, including accident reconstruction specialists and other truck accident experts.
Using all the information we uncover, we take on the insurance company. It usually attempts to offer an initial settlement amount that comes nowhere close to covering your accident-related losses. We will demand a higher payout, negotiating a larger settlement that covers your current bills, future care needs, and pain and suffering damages.
If the insurer refuses to offer a fair settlement, we can pursue a civil suit. This lawsuit asks a judge and jury to decide how much you receive. Often, though, the trucking company will offer a larger payout before we go to court. It is usually cheaper to simply pay you than to cover the cost of a lawsuit.
Why are truck accident claims so much more complex than other traffic accident cases?
Because you are taking on a trucking company instead of an individual, truck accident claims are more difficult to handle than a regular car accident case. Trucking companies and their insurers often have entire teams of corporate lawyers, which you do not want to face on your own. In addition, there is another factor that makes these claims more difficult to navigate and win.
In a normal car accident, the evidence is there for all to see. You can request the police report, talk to witnesses, and take pictures of the scene. In a truck accident, however, there is much more evidence available. But most of it is in the possession of the trucking company. This includes key evidence such as:
- The driver’s logs
- Truck maintenance logs
- Data from the truck’s computer
- Post-accident drug and alcohol test results
- Other information about the driver or truck
- The truck itself
To gain access to this important evidence, we need to notify the trucking company of our intent to file a claim and ask it to collect and protect these items. We do this by sending a spoliation letter. It is often one of the first actions we take after agreeing to take on an Ohio truck accident case, and it is certainly one of the most important. By protecting this evidence, we have a much better chance of proving negligence and liability, and collecting the full amount of compensation due to you.
How much money can I get from my Hilliard truck accident claim?
We cannot give you an exact amount to expect from your claim, but we can advise you what we believe a fair settlement might look like based on the facts of your case. How much you can collect through a Hilliard truck accident claim depends on the severity of your injuries, your actual financial losses, and the impact your injuries have on your everyday life.
We collect documentation to prove your expenses and losses, including your bills, receipts, tax forms, pay stubs, and more. Then, we use the total of these damages to calculate a fair value for your noneconomic losses, often called pain and suffering damages. This allows us to estimate a fair settlement value for your case.
How can I talk to a truck accident lawyer near me for free?
At Bressman Law, our truck accident lawyers understand how difficult it can be to get the money you need and deserve after a Central Ohio truck accident. And our consultations are always free. If you were injured in a truck accident in or around Hilliard, call us today at 877-538-1116 to make an appointment for your free case review.