Truckers may be professional drivers, but they make careless and reckless mistakes all too often. When they drive recklessly, speed, change lanes carelessly, drive distracted, or violate federal hours of service rules, it can quickly lead to a devastating situation for others they share the road with.
If a negligent trucker caused you or a loved one to suffer injuries in an accident in Central Ohio, a truck accident lawyer in Upper Arlington can help you hold the trucking company financially responsible for your physical, emotional, and financial damages. This includes medical bills, repair or replacement of your car, lost wages, pain and suffering you endured, and more.
At Bressman Law, we focus on the individual client. We get to know you and understand what you need to get your life back to as normal as possible after a truck crash. We offer one-on-one attention, while still having all the resources necessary to take on large trucking companies and complicated truck accident claims.
Call our office today at 877-538-1116 to schedule a free case review with an Upper Arlington truck accident attorney.
Who Is Liable for Upper Arlington Truck Accident Injuries?
Truck drivers not only need to follow all traffic laws and drive in a responsible manner at all times, they have additional laws outlined by the state and federal government they must follow. All these laws are in place to prevent accidents and keep the trucker and other drivers safe. If a truck driver violates any of these laws and causes an accident, this is negligence.
Unlike a normal car crash, though, the driver alone is usually not financially responsible after most truck accidents. The driver’s employer, usually a trucking company, is also accountable because of a legal concept known as vicarious liability. This concept states that a company is liable for any negligent actions its workers take while on the clock.
Because truckers drive for a living, their employers are vicariously liable for accidents they cause while behind the wheel of their trucks. If a careless trucker caused your Ohio truck accident injuries, we can often recover compensation from the trucking company.
Drivers and trucking companies are not the only possible liable parties. Occasionally, a part failure or other issue may cause a trucking accident. In this case, a trucking company might be directly liable if it skipped required maintenance or failed inspections and refused to repair issues. If a defective part truly caused the crash, a third party might be liable. This could include a truck, parts, or tire manufacturer, or even a company hired to perform repairs on the truck.
Truck accident cases are almost always more complex than they seem. We can help you identify all liable parties, and hold them responsible. Usually, we can collect the compensation you deserve by filing an insurance claim against the trucking company. However, if it refuses to payout in your case, we can take it to court and ask a judge to award you compensation to cover your medical bills, lost wages, pain and suffering, and other damages.
What Can I Expect During the Truck Accident Claims Process in Central Ohio?
Once we accept your case, we immediately go to work collecting all available evidence to build a strong case on your behalf. We interview any potential witnesses, and identify other sources of evidence, such as video from a nearby business or traffic camera. We consult with expert witnesses from the trucking and accident reconstruction industries, getting to the bottom of how exactly your crash occurred and why.
After we conclude this investigation, we can approach the trucking company and its insurance company with a claim for damages. We provide proof of the value of your claim, and use a demand letter to ask for compensation.
In most cases, the insurer returns with a settlement offer of its own that is significantly lower than what we need to cover your losses. However, this sets the stage for us to negotiate a settlement that will cover both your current losses and future medical needs related to the accident. Usually, the settlement negotiation process is successful, and we can recover the money you need.
Occasionally, a trucking company will refuse a fair settlement and we need to file a civil lawsuit against it to collect the compensation you deserve. By filing a lawsuit, we are putting your case in the hands of a judge and jury. While this may seem stressful for you, it is even more stressful for the trucking company. Often, it decides to offer a larger settlement before the case goes to trial. Most trucking companies would usually rather pay you than pay for a trial, and then still end up paying for your injuries if the judge rules against them.
What Makes Truck Accident Claims Complex?
Most trucking companies have entire legal teams fighting against paying you the money you deserve. You do not want to try to take on a trucking company and its insurer and legal team on your own. This is especially true because these cases are much more complex than most regular car accident claims.
One of the main factors that makes truck accident claims more difficult to navigate is the wealth of evidence. While this may seem like a positive thing — and it usually is — there is another problem. Most of this evidence is in the hands of the trucking company, which can destroy it after a given time. This could include key evidence that proves the driver acted negligently and broke traffic laws or federal statutes. We need to collect evidence including:
- The driver’s trucking logs
- Maintenance records
- Inspection logs
- Onboard computer data
- Post-accident test results for drugs and alcohol
- Other records pertaining to the driver or truck
- The truck itself
The only way we can ensure this important evidence remains intact is to notify the trucking company of our intent to file a claim as early as possible in the process. We do this by sending a letter of spoliation that demands it preserve this evidence. If the trucking company fails to collect and protect this evidence, it will face sanctions from the court. By ensuring this evidence remains intact, we improve our chances of building a strong case for liability against the trucking company.
How Can I Talk to a Truck Accident Lawyer Near Me for Free?
At Bressman Law, we offer individual attention and personalized service. We treat each client like a member of our family. We will fight tirelessly for the money you need after a Central Ohio truck accident. Call us today at 877-538-1116 to schedule your free case review with our Upper Arlington truck accident attorney.