What to Do if Liability Is Disputed After a Truck Accident?

Disputed liability is common in truck crashes, and without clear proof, your compensation could be reduced or denied altogether. That’s where an experienced truck accident lawyer makes a difference. They gather critical evidence, bring in expert witnesses, and build a strong case for the full compensation you deserve.

What Causes a Disputed Liability Truck Crash?

Over 5,500 truck accidents occur in Ohio each year. Unsafe drivers are responsible for many of the accidents, but in trucking incidents, disputes often arise because there may be many parties involved. If you’re dealing with a dispute in your truck crash, it’s likely due to:

Multiple Parties May Be At-Fault in Your Accident

Responsibility for truck accidents is complex because two parties owe you a duty of care:

• Truck drivers
• Employer/truck driving company

Both parties may share liability, but the following may also be liable:

• Cargo loading company
• Vehicle manufacturer
• Maintenance provider

If a road issue was involved, such as the trucker hitting a known pothole that the municipality failed to repair, they may also be liable. Parties want to avoid paying damages, so they’ll blame each other for the accident, causing a dispute in the process. Remember, your account will certainly differ from the trucker’s account.

Conflicting Accounts of How the Accident Transpired

What is the true version of the events in a trucking accident? Multiple parties may have their own versions:

• Drivers
• Passengers
• Witnesses

Without sufficient evidence, disputes arise because it becomes one person’s word against another person’s word.

Settlement Costs are High

Truck accidents are serious, and the costs are high. Responsible parties, including insurance companies and trucking firms, will defend themselves to limit liability and avoid paying costs related to injuries, medical bills, lost income, future lost wages, and property damage.

Since it’s in all of these parties’ best interests to pay as little as possible in a truck accident, disputes in trucking accidents are very common.

Mechanical Failure Leads to Even More Questions

Maintenance and mechanical failure are two of the causes of semi-truck accidents, where liability disputes are very common. For example, if a trucker’s brakes fail, fault may be attributed to the trucking company, maintenance provider, or even the vehicle’s or brake’s manufacturer.

If a traffic violation led to the accident, it may also not be clear.

• Who had the right-of-way?
• Which vehicle didn’t maintain its lane?
• Who broke the law?

Substantial evidence can help end disputes by presenting the facts to all parties and, potentially, a judge.

Will Comparative Negligence Affect Your Truck Accident Case?

Ohio enacted comparative negligence laws in 1980, also known as shared fault, which effectively splits the cost of damages among parties. For example, let’s say that you’re driving on I-70 in Franklin County, and you were speeding, but the trucker also swerved into your lane.

Both of you may have contributed to the accident.

Let’s assume you were 20% at fault and the trucker was found to be 80% at fault. If you were found to have $100,000 in damages, the trucker would only be responsible for paying their share of responsibility, which is $80,000. Parties who are over 50% responsible for the accident will not receive compensation.

At Ohio Truck Accident Help, we’ll gather the evidence necessary to determine who is at fault and help you receive the maximum compensation possible in your case, even if the trucker denies causing the accident.

What If the Truck Driver Denies Causing The Accident?

It’s not uncommon for truck drivers to deny liability for an accident. They may try to blame the other driver or cite an unexpected weather event or truck malfunction as the cause.

The problem is that if the driver denies fault, the insurance company may:

• Deny the claim outright
• Offer a lowball settlement

Strong evidence and legal representation will be critical in scenarios like this. An attorney will gather all the facts and build a case against the driver by:

• Sending spoliation letters to preserve critical pieces of evidence
• Subpoenaing logbook, GPS, and internal communication data.
• Consulting with experts to corroborate your claim.

Evidence and expert testimony may expose negligence, such as speeding, failing to follow traffic laws, violating hours-of-service regulations, or improper loading.

Proving Fault in Disputed Liability Truck Accident Claims

Trucking companies and insurers may use a variety of defense strategies to shift the blame away from themselves. Evidence and expert testimony can prove otherwise.

An attorney can help prove fault by:

Present Key Evidence

Evidence can shed light on the situation when liability is disputed in truck accidents. Your attorney can investigate and present a wide range of evidence to demonstrate fault.

• Police reports: Officers may assign fault in their official reports based on witness accounts and evidence at the scene. Reports can be requested from the Ohio State Highway Patrol or the local police department.
• Video and photographic evidence: Imagery and footage of the scene, including damage, skid marks, traffic signs, and road conditions, can help demonstrate fault. Evidence can be gathered from phone footage, dashcams, traffic cameras, or nearby surveillance cameras.
• Eyewitness testimony: Witness statements can corroborate your version of events. These statements can be written or recorded, but should be gathered as soon as possible before memory fades.
• Black box data: This objective data can show whether the truck was speeding, if the driver was fatigued, or if the trucker braked suddenly. Experts must be brought in to analyze and interpret the data, but attorneys must act quickly to preserve it before it’s overwritten or deleted.
• Truck maintenance records: Tire blowouts, brake failures, or steering issues can lead to accidents. Maintenance records can show whether the truck was safe to drive or if the trucking company neglected maintenance.
• Driver logs and hours of service: Logs can show if the driver was in violation of hours-of-service rules. Violation of these rules can help prove that the driver was fatigued and should not have been operating the truck.
• Training and employment records: These records may indicate prior safety violations, lack of training, or a history of reckless driving. If a trucking company did not train the driver properly or hired them despite a history of unsafe driving, they may be held liable.
• Toxicology reports: If the driver is suspected of driving under the influence, toxicology reports can prove this suspicion and serve as critical evidence.
• Injuries and medical records: Documentation of injuries can establish the impact and severity of the accident. Some injury patterns can even indicate how a collision occurred.

Evidence is the key to getting results if liability is disrupted, but steps must be taken to preserve and acquire it. Having an attorney on your side will be critical. Along with gathering evidence, an attorney can hire experts to further support your claim and establish liability.

Use Expert Testimony

Physical evidence and data are powerful and persuasive, but expert testimony can strengthen your argument. Attorneys can bring in a variety of experts to analyze your case and present their opinions based on all the facts, including:

• Accident reconstruction experts: These specialists will analyze physical evidence, vehicle damage, skid marks, vehicle positions, and other factors to “reconstruct” the accident and how it happened. For example, they can show that a truck rear-ended a vehicle because it was following too closely. Their opinions strengthen your case because they are neutral and scientific.
• Mechanical experts: They help prove fault by examining the truck for mechanical failures, like a tire blowout or brake malfunction. If a mechanical issue caused the crash and maintenance records indicate negligence, this can help prove that the trucking company is liable.
• Forensic experts: These data analysts look at black box data, GPS logs, phone records, and dashcam footage to get a clearer picture of what happened. They can help prove that the truck driver was braking too late, speeding, or even using a cell phone while driving.
• Trucking industry experts: These individuals may be brought in to explain whether trucking regulations and industry standards were being followed. For example, they can show that a trucker violated Federal Motor Carrier Safety Regulations for legal driving hours.

Expert testimonies can corroborate other evidence and bolster your argument. Once hired, they will review all available evidence, prepare a report, and, if needed, testify in court or at a deposition.

Is Liability Being Disputed? Get Ohio Truck Accident Help

Truck accidents are often severe and complicated. Multiple parties may be involved, all trying to shift the blame onto someone else. Evidence and expert testimony can expose liability and ensure responsible parties are held accountable.

At Ohio Truck Accident Help, we know that liability disputes can be frustrating and complex. Our experienced legal team will thoroughly investigate your case, identify liable parties, and vigorously advocate for the compensation you deserve.

Contact us for a free consultation today.