Ohio Truck Accident Help
A Division of Ohio Truck Accident
November 30, 2023
The aftermath of any accident can be overwhelming, leaving victims with physical injuries, emotional trauma, and financial strain. But when it comes to the legal process, every accident is different.
Nowhere is this disparity more apparent than between passenger car accidents and crashes involving commercial trucks. Each of these collisions presents unique challenges and considerations. According to the NHTSA, truck accidents result in fatalities at a rate of 26 per 100 million vehicle miles traveled, compared to 11 per 100 million vehicle miles traveled for car accidents.
As a premier Ohio-based law firm, Ohio Truck Accident Help is committed to delivering justice and maximum compensation for truck accident victims. We understand the complexities of large truck accidents and how to navigate the trucking industry.
In this guide, we’ll delve into what makes truck crashes different to help victims understand what they’re facing and why it is crucial to have proper legal representation.
With their colossal size and weight, trucks can cause catastrophic damage, particularly when they collide with smaller vehicles. The physics behind these collisions means that the smaller vehicle’s occupants bear the brunt of the impact, often resulting in severe injuries or fatalities.
While a car crash can result in injuries and even fatalities too, the most common injuries in truck accidents happen more frequently. They include traumatic brain injuries, spinal cord injuries, multiple fractures, and internal injuries. These injuries not only require extensive medical intervention but also lead to long-term disabilities, impacting quality of life and one’s ability to work.
When you or a loved one are hurt in a car accident, you may suffer from whiplash and broken bones. However, a standard truck accident is much more likely to result in injuries that require lifelong medical care, rehabilitation, and support. This translates to more substantial medical bills and lost wages.
Establishing fault in a vehicular accident is paramount when seeking justice and compensation via an insurance settlement. While car accidents often present a more straightforward path to determining liability, truck accident liability can spiral into a complicated web of accountability involving several parties and legal challenges.
Car accident liability usually falls upon the driver and their insurance, but truck accidents are unclear. The truck driver, trucking company, truck owner, maintenance parties, and even truck part manufacturers could all be implicated.
Imagine you’ve been severely injured in a collision with a semi-truck. On the surface, you may believe the driver was negligent. And you could be right. But there could be more to consider regarding who’s liable.
For instance, if the driver’s employer (a large trucking company) pressured employees to disregard safety regulations, they may share responsibility. Likewise, if the company contracted to service the truck’s brakes failed to check on an issue, that company may be at fault.
To make matters even more complex, each entity will have its own insurance policies and legal teams, challenging the negotiations and legal process.
Unlike car accidents, which generally involve straightforward evidence such as photos, witness statements, and police reports, truck accidents demand more scrutiny.
Most commercial trucks have electronic logging devices (ELDs) and black boxes, which record a wealth of data, including speed, braking patterns, and service hours. Accessing and interpreting this data is crucial, as it can be instrumental in reconstructing the accident scene and providing evidence to support claims of misconduct.
Truck drivers and the companies they work for are also bound by regulations that dictate aspects such as the amount of hours a driver can be on the road, mandatory rest periods, vehicle maintenance schedules, and cargo loading standards. Compliance with these regulations is required; any deviations can help identify negligence and liability.
By meticulously examining the truck’s data and the truck driver’s compliance with federal regulations, you can piece together a more comprehensive picture of what occurred and identify any breaches of protocol.
In contrast to car accidents, a significant portion of the evidence you need after a truck crash will be under the control of the trucking company.
The trucking company typically maintains electronic logging devices (ELDs), black boxes, and maintenance records. Gaining access to these is likely vital to building a strong case. However, trucking companies are often hesitant to hand over this information, particularly if it could be incriminating.
You may need to file a lawsuit to engage in the discovery process, send spoliation letters, and employ other legal measures. Doing so can help you preserve and gain access to the relevant materials before they are altered, lost, or destroyed.
Car and truck accidents can both result in devastating injuries and losses. However, given the severity of possible injuries, combined with the potential for multiple parties to be held liable, truck accident victims can more frequently seek substantial compensation for their damages, potentially more so than typical car accident victims.
These damages play a crucial role in aiding a truck accident victim’s recovery and ensuring they can move forward. These recoverable damages can encompass various costs and losses, including but not limited to medical expenses, rehabilitation costs, lost wages, loss of earning capacity, and property damage.
Further, victims are also entitled to seek compensation for their non-economic damages, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In cases where the conduct of the liable parties is found to be particularly egregious, punitive damages may also be awarded to punish the wrongdoers and deter similar behavior in the future.
You’re always best served by consulting a lawyer, whether you’re injured in a car crash or a catastrophic truck collision. However, the intricacies of truck accident cases necessitate dedicated legal representation from lawyers with considerable experience and success in truck accidents.
An attorney with a background in handling truck accident cases will deeply understand the federal regulations governing the trucking industry, the complex liability issues involved, and the resources to conduct a thorough investigation.
This rigorous approach ensures that all avenues of liability are explored and that the trucking company is held accountable for its role in the accident. It also helps to level the playing field, ensuring that victims have access to the same critical information as the trucking companies and their legal teams, ultimately increasing the chances of a successful outcome.
While car and truck accidents can devastate those involved, the legal proceedings surrounding each differ vastly. Understanding these differences is crucial for victims seeking justice and compensation. If you or a loved one has been involved in a truck accident, it is imperative to contact an experienced truck accident attorney.
At Ohio Truck Accident Help, our primary goal is to seek justice for victims and their families by recovering the financial compensation they need and deserve. By diligently pursuing truck accident lawsuits, we can change how trucking companies operate and push for more oversight to prevent future tragedies.
Truck crashes are not like other car accidents. But Ohio Truck Accident Help is not like other law firms. Contact us for a free, no-risk consultation if you or someone you love suffered serious injury or died in an accident with a large, heavy vehicle. We’ll explain your options and guide you at every step.