Personal Injury

Understanding Truck Accident Lawsuits and Claims in Ohio

Accidents involving trucks are too frequent. According to the Federal Motor Carrier Safety Administration (FMCSA), the number of heavy trucks and buses involved in fatal crashes scaled by 42 percent between 2009 and 2017. Ohio is regarded as a trucker-friendly state, making it a popular destination for transportation companies and truck drivers. Currently, over 42,000 trucking businesses operate in Ohio, employing over 364,800 people.

 

However, a tragic reality looms behind this seemingly hopeful statistic for Ohioans: truck accidents. The National Highway Traffic Safety Administration reports that “one out of every eight fatal crashes results from a collision featuring a large truck.” The Federal Motor Carrier Safety Administration has named Ohio one of the top ten states with the highest number of large truck collisions.

 

Truck accidents may be traumatic and life-changing for the victims and their families. Understanding the regulations and legislation that govern the trucking sector is, therefore, critical for persons involved in truck accidents as they navigate the procedure of filing lawsuits and claims.

 

Common Causes of Truck Accidents in Ohio

 

Some of the most prevalent causes or factors that contribute to truck accidents in Ohio are as follows:

  1. Inexperienced driver
  2. Driving under the influence of drugs (prescription or illegal)
  3. Driver’s lack of attention
  4. Negligent maintenance
  5. Equipment failure caused by the truck manufacturer
  6. Unsafe trucking company policies and practices
  7. Failure to utilize or install trucking safety equipment as recommended
  8. Inadequate freight loading and/or securement
  9. Driver fatigue

 

Truck Accident Lawsuits

 

The statute of limitations in the state is two years, the time limit for initiating a truck accident injury claim. It begins on the day of the accident, and an accident victim can file a personal injury claim at any point after the accident and before the two-year term expires. If the victim does not file a claim within two years, they will have waived or lost their right to get compensation for their losses. There are some exceptions to this rule. A  statute of limitations for a minor is extended by two years, commencing from their 18th birthday rather than the date of the injury. The “discovery of harm” rule is another exception.

 

Filing An Ohio Truck Accident Lawsuit

 

  1. A lawsuit begins with the filing of a complaint. The insurance companies are not named in the lawsuit. Instead, it is brought against the persons and businesses the insurance company represents. So, the lawyer drafts a complaint that mentions the defendant driver and the other people and businesses who contributed to the tragedy.
  2. The discovery process begins once the complaint has been filed and the defendants have responded. There is a discussion with the defendants’ attorneys about facts that could be used at trial to establish who was at fault and the nature and amount of the injuries. The depositions are collected from the defendants to determine how and why the other party caused the injury.
  3. Settlement negotiations persist even after a lawsuit is filed. The defendants and the judge discover more about the nature, extent, and cause of the injuries. The judge may order the parties to participate in mediation or arbitration to try to settle the dispute and will directly work with the parties to reach an agreement. If the issue cannot be resolved, it will be set for trial, where a jury will determine who caused the accident and how much money will be awarded to compensate for the damage.

 

Truck Accident Claims

 

The tort, or at-fault, insurance system is used in Ohio. It stipulates that in the event of a truck accident, the driver deemed to be at fault is liable for any losses or damages incurred by the accident. These may include medical bills, vehicle damage, lost wages, pain and suffering, and mental anguish. The at-fault driver’s insurance company and their firm will be held accountable for compensating the victims.

 

Overview of a Truck Accident Injury Claims Process

 

  1. Determining Negligence and the Scope of the Injuries: Gathering evidence to substantiate the nature and degree of your injuries and who was at fault for inflicting them is the first stage in filing a claim for a truck accident injury. Evidence includes copies of medical bills and medical records and evidence of lost work time and other economic damages incurred due to the truck accident.
  2. Investigating the Accident’s Cause: In many truck accident injury cases, multiple parties contribute to causing the collision. Along with the truck driver and the trucking company, shippers, brokers, and other people and companies involved in the supply chain who contributed to the accident are mentioned.
  3. Sending a Demand Letter: Following the determination of the nature and amount of the injuries and the parties responsible, a demand letter is sent to the defendants’ insurance companies. The demand letter will outline the type and severity of the injuries and will request monetary compensation for the harm they have endured.
  4. Negotiating with the Trucking Companies’ Insurance Carrier: Following the issuance of the demand letter, the trucking company’s insurance carrier will respond, and we will try to reach a fair settlement of the claim.

 

Conclusion

 

While Ohio’s booming trucking industry contributes substantially to the state’s economy, it is accompanied by the stark reality of a higher risk of truck accidents. Given the inherent risks and potential repercussions of truck accidents in Ohio, individuals and legal professionals must stay watchful, aware, and proactive in dealing with the complexities of truck accident situations. This strategy ensures that victims seeking reimbursement for their losses and injuries receive a more just and fast conclusion.