Ohio Truck Accident Help

A Division of Ohio Truck Accident

April 14, 2024

9 Steps to Take After a Fatal Truck Accident

Accident Types,  

Man and woman at cemetery paying respects to their lost loved one

By understanding your rights and the intricacies of wrongful death truck accident lawsuits, you can make informed decisions and potentially recover compensation for funeral expenses and lost financial support.

In the wake of a fatal truck accident, your world may feel shattered. While coping with immense loss, you’re also thrust into a complex legal and financial situation.

Hopefully, this guide will equip you with the knowledge you need to navigate this difficult time.

What to Do After a Fatal Truck Crash

Dealing with the aftermath of a fatal truck crash is an incredibly difficult and emotional process. The loss of life is a profound tragedy, and navigating the steps that follow can feel overwhelming.

While every situation is unique, these steps serve as a general framework to assist those affected in managing the complexities that follow a fatal truck crash, with the hope of offering some clarity during a distressingly uncertain time.

 1. Consult a Truck Accident Lawyer ASAP

First and foremost, it’s essential to secure immediate legal representation. An attorney with a proven track record in truck accidents can be a pillar of support, offering legal advice and emotional understanding. Early legal involvement is critical in preserving evidence and witness testimony, which can fade over time.

2. Investigate the Truck Crash

The trucking and insurance companies involved will have a lot of control over the accident scene and the evidence. These materials can disappear fast, but an attorney with significant experience in truck accidents will immediately undertake a detailed and independent investigation.

This process is indispensable for collecting evidence such as skid marks, vehicle debris, electronic logging devices, and surveillance footage that could all point toward the cause of the accident. They will also retrieve police reports and the driver’s logs, which are pivotal in building a solid case.

 3. Identify All the Liable Parties

Truck accident claims often involve complex liability issues. It’s not just about the driver; the trucking company, vehicle manufacturers, and other third parties may also be held responsible for your loved one’s death. A knowledgeable attorney will unravel these complexities, ensuring that every potential defendant is held accountable.

4. Navigating Federal & State Regulations

The trucking industry is heavily regulated, and a seasoned Ohio truck lawyer will understand these regulations in-depth. They will investigate whether the trucking company or driver failed to meet their legal obligations, which is often a significant factor in truck accident cases.

5. Assess Your Total Losses & Damages

Calculating the full extent of damages in a fatal truck accident is meticulous. It includes tangible losses like medical and funeral expenses and intangible ones such as pain, suffering, and loss of companionship. Your attorney will work closely with financial experts to ensure every loss is accounted for and that you’re compensated fairly.

 6. Deal with Insurance Companies

Insurance companies often try to minimize payouts by quickly offering a settlement that likely undervalues your claim. A knowledgeable lawyer will know how to identify an insufficient offer and take the reins in negotiations, protecting your rights and ensuring that your best interests are considered.

7. Consider a Wrongful Death Claim

In the case of a fatal truck accident, the family has the right to file a wrongful death claim. This legal action seeks compensation for the survivors and the deceased’s estate. An attorney will be instrumental in this process, from filing the claim to representing the family’s interests in court, if necessary.

8. Negotiation & Possible Litigation

While most truck accident cases are settled outside of court, negotiations can be intense. A lawyer with a strong track record fighting for justice after fatal crashes will be an invaluable negotiator, using their skills to secure a settlement that fully addresses the financial and emotional impact of your loss.

If a settlement cannot be reached, your attorney should also be prepared to represent you in court, advocating on behalf of your loved one and utilizing every available resource.

9. Seek Emotional Support & Safer Roads

A compassionate attorney understands that you need more than just legal assistance. They can provide connections to counseling and support services to help you through your grief.

Moreover, a lawyer will advocate for your loved one and push for safer roads and trucking reforms, turning your tragedy into a force for change, potentially saving lives in the future.

Wrongful Death Lawsuits after a Fatal Truck Crash

Ohio Revised Code Section 2125.01 grants the right to file a wrongful death lawsuit to the “personal representative” of the deceased. This representative, typically a spouse, parent, or adult child, acts on behalf of the estate and certain surviving family members.

Fatal Truck Accident Time Limits

The statute of limitations for wrongful death lawsuits in Ohio is two years from the date of death. Acting quickly to preserve evidence and build a strong case is crucial.

The Elements of a Wrongful Death Claim

To succeed in a wrongful death lawsuit after a truck crash, you must prove:

  • The death of your loved one was caused by the negligence of the defendant (truck driver, trucking company, etc.)
  • The defendant owed a duty of care to the deceased (e.g., following traffic laws)
  • That duty was breached (e.g., driving under the influence)
  • The breach directly caused your loved one’s death.
  • The survivors suffered damages (e.g., loss of financial support, emotional distress)

The Role & Importance of a Truck Accident Lawyer

If you’re dealing with the aftermath of a tragic, fatal truck accident, an experienced and committed truck accident attorney is critical. With their in-depth knowledge of the trucking industry and insurance procedures, your attorney is crucial in identifying the regulatory breaches and assembling a case that captures the full scope of your loss.

An experienced lawyer’s value extends beyond the negotiating table and courtroom; they are your ally in championing safer roadways and advocating for change to prevent future loss of life.

Selecting the right legal partner—one with a proven track record and empathetic understanding—means choosing someone dedicated to your cause who will honor the memory of your loved one through the relentless pursuit of justice and accountability.

Get Ohio Truck Accident Help Today – Free Consults

If you’ve lost a loved one in an Ohio truck accident, the legal team at Ohio Truck Accident Help knows what you’re going through and how to help.  We’re highly experienced in going up against trucking companies and their insurers, and we’ll fight to recover the justice and all the compensation you deserve.

We have a track record of success helping truck accident victims like you, and we’ll do what it takes to help you and your family move forward after an accident caused by someone else’s negligence.

Contact us today to schedule a free consultation and discuss how we can help.