Ohio Truck Accident Help
A Division of Ohio Truck Accident
Common Causes of Ohio Truck Accidents
Semis, tractor-trailers, and large trucks in general have many factors against them that can cause an accident, including longer stopping distances and less maneuverability, which are common factors in weather-related truck accidents.
At Ohio Truck Accident Help, we understand how environmental and external factors can contribute to trucking accidents. We’ll fight to help you seek the maximum compensation possible and hold all negligent parties responsible.
Contact us today for a free, no-risk consultation.
Truck driver errors increase the risk of accidents. Certain hazards increase these risks: potholes, water pooling, snow, rain, ice, and many others. Failing to adapt to roadway conditions is a fault of the trucker, but municipalities may also be at fault for poor road maintenance.
Common hazards that contribute to Ohio trucking accidents include:
Lake-effect zones in Ohio contribute to the state’s:
I-70, I-71, I-75, and U.S. 40 are some of Ohio’s most dangerous roadways. Weather-related truck accidents often occur due to low visibility, loss of traction, long stopping distances, and drivers’ failure to adapt to conditions.
FMCSA § 392.14 requires extreme caution and the discontinuation of driving in severe weather conditions until the vehicle can be driven safely again.
Potholes are common in Ohio. Cleveland filled over 600 repair requests in the first two months of the year. Cincinnati filled 6,300+ potholes in a single week. Poor road maintenance can cause large trucks to:
Known hazards, which the government fails to repair or block off, may make them negligent in their responsibilities to motorists.
Storms lead to road debris and fallen trees, which can be hazardous to truckers and other motorists. Rural areas of the state are more susceptible to these risks, which often cause truckers to swerve or overturn.
Truckers may or may not be negligent in these circumstances. Failure to reduce speed or act responsibly under conditions like these creates a shared liability for the trucker.
A thorough examination of the accident and bringing in potential expert witnesses may be necessary to prove driver fault.
Ohio Department of Transportation is undertaking the state’s largest construction season, with over 955 projects ongoing across the state. Over 5,538 miles of pavement and 844 bridges are in repair.
Construction zones cause dangerous road conditions for all motorists, including:
Truckers may make sudden lane changes and side-swipe motorists, or a lack of signage and a sudden slowdown can cause rear-end accidents.
Clear guidance and barriers are required by contractors and municipalities. If these safety measures are not taken, holding these parties liable in your truck-related accident may be possible.
Hazardous cargo is not dangerous in itself. However, poor maintenance, regulatory violations, and overloading can cause spilled cargo to fall into the roadway, causing accidents.
Mechanical failures, such as overheated brakes or tire blowouts, can cause cargo to spill into the roadway. Trucking companies, maintenance contractors, cargo loaders, and others may be at fault in these scenarios.
Governments are responsible for maintaining public roadways, and there are times when you can and cannot hold them liable.
Ohio municipalities may be held liable, including cities, counties, and the state itself. Actions or inactions that create hazardous conditions that contribute to a crash may be the responsibility of the municipality:
Ohio Revised Code § 2744 grants municipalities immunities in many circumstances, but there are caveats to the law that we’ll try to use to prove negligence.
Immunity laws protect the government from egregious lawsuits, but Ohio Revised Code § 2744.02 outlines the exceptions that may be relevant to your case. Municipalities may be liable in the event of injury, death, or loss of person or property if there was negligent failure to:
Exceptions to exceptions also exist. If a tree fell on the road and no one reported the issue, the state had no reasonable notice to fix the problem.
However, if a stop sign at a major intersection had been missing for three weeks and was a direct cause of a truck accident, liability may extend to municipalities.
Municipality cases require strict adherence to the law. You must prove:
Truck drivers may also be negligent in their responsibilities to adapt to environmental and external factors that cause accidents.
FMCSA regulation 49 CFR § 392.14 requires truck drivers to exercise extreme caution when operating commercial motor vehicles in hazardous conditions, such as:
Drivers must reduce speeds during such conditions and discontinue driving until conditions allow for safe driving again.
When weather conditions or environmental hazards cause truck accidents, the trucking company can be held liable if:
If a trucker hydroplanes in heavy rain while traveling at 65mph in a 45mph advisory zone, the trucking company may be held liable because the driver failed in their duty to exercise caution.
Trucking companies may not be liable if the conditions are truly unavoidable or sudden, but often, roadways have hazard warnings to keep truckers informed.
Truckers have a responsibility to adjust their driving behavior in poor weather conditions, but proving they fell short of their duty of care can be challenging.
We’ll use every piece of evidence at our disposal to demonstrate the trucker’s negligence, including:
These key pieces of evidence can show that the driver was traveling too fast for the conditions, following your vehicle too closely, missed road warning signs, or otherwise failed to take reasonable precautions when driving.
Environmental challenges do not absolve truckers of their responsibility. If anything, they increase it. When truckers breach their duty of care and their negligence causes accidents and injuries, victims can seek compensation for their losses under Ohio law.
When accidents are caused by road debris, liability can fall on one or more parties. If the debris fell from the truck, the shipper/loader, driver, or trucking company may be held liable. Contractors may be responsible if the debris came from a construction site. Parts manufacturers or repair companies may be held liable if a defective part or repair caused the debris. Liability can also fall onto the Ohio Department of Transportation and local jurisdictions that have a duty to keep the roads clear and safe.
Weather conditions can affect a personal injury claim and how fault is determined, but they don’t exempt drivers from responsibility. Every Ohio driver has a duty to take reasonable precautions when driving in poor weather. If both drivers fail to adjust for environmental conditions, they may share fault in the accident.
Truckers are legally obligated to adjust their driving in adverse weather conditions. FMCSA regulations specifically require truckers to exercise extreme caution when driving in hazardous weather conditions, including reducing their speed and discontinuing the operation of the truck if the weather becomes sufficiently dangerous.
Truck accidents can cause serious injuries that leave you with costly medical bills, pain and suffering, and a long road to rehabilitation. When adverse weather conditions are involved, proving negligence can be challenging.
Partnering with an experienced truck accident law firm in Ohio can make all the difference in the outcome of your claim. At Ohio Truck Accident Help, we’ve helped many injured victims seek the compensation they deserve as a result of weather-related truck accidents.