If an 18-wheeler or another commercial truck hits your vehicle, you may face challenges as you try to recover compensation for your damages. You do not have to face the trucking company and its insurer alone. A truck accident lawyer in Powell, OH, can help.
At Bressman Law, we handle truck crash cases, no matter how complex. If you have a viable case, we can help you pursue compensation for your medical bills, lost wages, pain and suffering, and other financial and emotional losses. If your loved one died in the crash, we can help you pursue a survival action or a wrongful death claim. We can handle all aspects of your case, from filing a claim to negotiating a settlement. Call us today at 877-538-1116 for a free, no-obligation legal consultation.
We Will Investigate Your Truck Accident
To build a solid case for you, we will conduct a thorough investigation of your truck accident. Ohio uses a fault-based auto insurance system. This means that the party liable for causing an accident pays for damages.
Reviewing the Truck Driver’s Behavior
We will examine the role the truck driver’s negligence played in causing the accident. According to the Federal Motor Carrier Safety Administration (FMCSA), certain unsafe truck driving behaviors increase the likelihood of crashes. These include improper turning or passing and speeding.
Other dangerous driving errors include:
- Failing to obey traffic signs;
- Drowsy or fatigued driving;
- Distracted driving;
- Impaired driving; and
- Failing to adjust to deteriorating weather conditions.
In most cases, we can hold the truck driver’s employer liable for any negligent behavior.
Understanding a Trucking Company’s Role in an Accident
A truck driver may cause an accident, but a trucking company can contribute to the crash by:
- Failing to properly train the driver to handle large trucks;
- Failing to perform routine maintenance on the truck;
- Placing drivers under pressure to meet delivery deadlines; or
- Failing to check a driver’s history for past accidents and moving traffic violations.
Trucking companies are often liable for driver mistakes because of a legal doctrine called vicarious liability. Vicarious liability holds employers legally responsible for the negligent or unlawful actions of employees.
That means even in cases where the truck driver’s behavior caused your crash, the truck carrier that employs them could still be responsible for your damages. This gives us the opportunity to pursue compensation from a much larger corporate insurance policy instead of filing a claim with an individual driver’s coverage.
We Collect Evidence to Support Your Truck Accident Claim
Before we file a claim on your behalf, we must prove that the truck driver’s or the trucking company’s negligence caused your accident and injuries. We can do this by collecting several types of evidence, including:
- Traffic camera or surveillance video;
- Photographs of the accident scene;
- Eyewitness testimony;
- A police report of the accident;
- Your medical records; and
- Photos of your injuries.
We might also work with an accident reconstruction expert who can recreate the accident scene to determine causation and liability. Depending on the severity of your injuries, we can also ask a medical expert to give an opinion about your injuries and your present and future medical needs.
Other Evidence Available in a Truck Accident Case
Because trucking companies keep detailed records about drivers and vehicles, there is often additional evidence available after a truck crash. This includes:
- Dash cam video footage;
- Maintenance records on the vehicle;
- Employment records of the driver;
- Post-accident drug and alcohol test results; and
- Other relevant records.
While this evidence is in the hands of the trucking company, federal industry regulations restrict when it can be destroyed. If we take your case, we will work quickly to secure any available documentation the trucking company has that could benefit your case.
We Will Help You File Your Insurance Claim
Our legal team will file an insurance claim on your behalf. Because of the serious—or fatal injuries—you or your loved one sustained in the truck accident, you can seek compensation for such damages as:
- Medical expenses;
- Hospital bills;
- Medical mobility devices;
- Prescription drugs;
- Physical therapy;
- Lost wages;
- Loss of earning capacity;
- Vehicle repair bills;
- Pain and suffering;
- Mental anguish; and
- Funeral expenses, if your loved one died in the accident.
We will negotiate a fair settlement on your behalf with the insurance company to cover your present and future expenses. If the insurer attempts to delay or deny your claim, we will not hesitate to file a lawsuit and go to court.
What to Do If You Contributed to the Crash
If your negligence contributed to the crash, Ohio’s contributory fault law would apply to your case. This rule reduces the total amount of your claim based on your percentage of fault. For example, if your damages total $100,000 and you were 20-percent at fault for the accident, you would receive $80,000.
Your Truck Accident Case Is on a Deadline
Ohio’s statute of limitations gives claimants two years from the date of an accident to file a personal injury lawsuit. While two years sounds like a sufficient amount of time, keep in mind that it takes time to secure solid evidence to build a strong case. The sooner you meet with us to discuss your truck accident, the sooner we can take legal action on your behalf.
Contact Us Today for a Free Legal Consultation
If you or a loved one sustained a serious or fatal injury in a truck accident, turn to the legal team at Bressman Law. We fight for our clients and protect their rights in every case.
Call us at 877-538-1116 to schedule an appointment.