Ohio Truck Accident Help

A Division of Ohio Truck Accident

How to File a Truck Accident Lawsuit or Claim in Ohio

Truck Crashes Are Different. So Is Ohio Truck Accident Help.

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Filing a Claim After an Accident: Step-by-Step

Navigating the aftermath of an accident can be overwhelming. Here, our lawyers provide a clear, step-by-step approach to filing your claim, ensuring you understand every phase.

Truck Accident Claims vs.Lawsuits

Ohio Truck Accident Lawsuits & Insurance Claims

When you’ve been injured or lost a loved one in a truck crash, it’s essential to understand your options when it’s time to file an insurance claim or pursue litigation. Cases involving commercial vehicles are more complicated than car accidents, but Ohio Truck Accident Help is dedicated to protecting Ohio truck accident victims. Let us guide you toward maximum compensation.

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Ohio Truck Accident Claims

Most commercial trucks, including semi-trucks, 18-wheelers, and more, are owned by large trucking corporations called “motor carriers.” While independent truckers own some trucks, these large and complicated vehicles are required to carry insurance to compensate victims in the event of a collision.

Unfortunately, these motor carriers and insurance companies often don’t have your interests in mind.

Filing a Truck Accident Claim

No matter the cause of your truck accident, your first step should be getting proper medical attention. This goes a long way in documenting your treatment, injury costs, and negative impact on your life. But once a doctor sees you, you should talk to a lawyer about your truck accident.

Our attorneys will thoroughly analyze your truck accident to ensure you have a valid claim. We will review the accident details, your damages, and whether the other party was negligent. Then, we will discuss your options based on the facts and truck accident law. This evaluation is free and part of your no-risk consultation.

Fault & Truck Crash Liability

Sometimes determining what caused a truck wreck is obvious. Perhaps the driver was speeding around a turn. In other cases, things may not be so clear.

Suppose the trucking company pressured drivers to ignore mandatory breaks to meet a deadline. It could be challenging to prove that was their practice without industry insight. Or maybe, a third-party mechanic neglected to repair the truck’s brakes. It may take a trucking expert to confirm brake failure was the cause.

Since truck crashes are so complex, you may need help identifying all the possible liable parties or outside factors that led to your truck accident and injuries. However, once you know who and what led to your trucking accident, you can notify the appropriate parties and file claims with their insurance providers.

Calculate Your Damages

Every truck accident claim is different, and your lawyer can help explain and document the various losses and damages you can be compensated for.

After a truck accident, you may be entitled to your:

  • Current and future medical expenses
  • Lost income
  • Time away from work
  • Reduced earning capacity
  • Pain and suffering
  • Mental anguish
  • Disfigurement
  • Loss of consortium
  • Property damage
  • Wrongful death
  • Punitive Damages

The best way to recover the total value of your truck accident claim is to keep track of your medical bills, repair receipts, invoices, and all the financial documents related to your accident and injuries.

Send a Demand Letter

Once you have an accurate estimate of what you lost and will continue to lose after a truck wreck, you and your attorney can draft a demand letter. This is an official communication with the at-fault party and their insurer.

Your demand letter should outline the details of the collision, the alleged cause, the negative impact on your life, and a summary of your expenses. It should also state the amount you seek and provide a deadline for their response.

Negotiate a Truck Accident Settlement

If the trucking company and insurer accept your proposal, your claim may end there. But the details of truck crashes are rarely so cut and dry. In most cases, you will go back and forth with the other parties before agreeing on a settlement.

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Should I File a Lawsuit?

When to File a Truck Accident Lawsuit

Most truck accident claims in Ohio are resolved with a settlement. However, sometimes trucking companies refuse to negotiate or talks stall. Other times, you may not have access to crucial evidence or the details of your case, making filing a lawsuit your best option. In these cases, you’ll want an attorney with considerable experience bringing truck accident lawsuits to court.

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How to File a Lawsuit After a Truck Crash

The Ohio Revised Code outlines how Ohio civil lawsuits work. In most truck accident cases, a victim will file a lawsuit with the Ohio Court of Common Pleas in the county where the accident occurred. These lawsuits are not filed against the insurance company. Instead, they are filed against the individuals or companies the insurance company represents.

Truck accident lawsuits are legally complicated with various procedures, evidentiary requirements, and court rules. An experienced lawyer can explain how the process would work in your unique situation.

Who to Sue for a Truck Crash?

Negligence and human error are the primary causes of most Ohio truck crashes. But any number of factors or parties may have contributed to your injuries and losses. The financial liability is not limited to the truck driver or their employer.

A truck accident lawsuit can be filed against:

  • Reckless truck drivers
  • Companies that employed the driver
  • Companies that load/unload cargo
  • Companies That screen truck drivers
  • Municipalities or agencies with large vehicles
  • Truck manufacturers or maintenance techs
  • Construction companies that use large trucks

Truck Accident Lawsuits Have Time Limits

In Ohio, you have two years from the truck crash to file a lawsuit. Your case can be barred if you do not file within those two years. This would make you unable to recover compensation.

There are some exceptions to Ohio’s statute of limitations, and you should consult a lawyer with experience in trucking accident cases before making any determinations.

Truck Accident Lawsuits: Step-by-Step

The Ohio Truck Accident Lawsuit Process

Suppose your best course of action to secure the compensation you deserve after a truck crash is litigation. In that case, our attorneys will aggressively protect and advocate for your interests at every stage.

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The Initial Complaint

Once we investigate your truck crash and collect sufficient evidence, we will file the necessary documents, which include your complaint. This will summarize your argument against the liable parties, name the defendants, and detail the evidence you plan to present in support of your compensation claim. The complaint is then served to the named parties.

The Discovery Phase

Once the complaint is served, and the defendants have had a chance to respond, your truck accident lawsuit enters the discovery phase. This is where both sides exchange relevant information and evidence.

This may include documents under the trucking company’s control, like employment files or truck maintenance records.

Your attorney may also take depositions from the parties involved to collect even more evidence regarding the crash, your injuries, and losses.

Prepare for Court & Negotiate

As your case progresses, your attorney will file motions to strengthen your position. We will simultaneously communicate with the other side to hopefully settle before court.

However, if the defendants still refuse to offer adequate compensation for your injuries, our team will be ready to argue your case in court.

Trial & Verdict

Sometimes, going to court in a truck accident is unavoidable or offers you an advantage. A judge or jury may be more inclined than an insurance company to provide the financial restitution you deserve after a life-altering crash.

Other times, a public trial may give you a chance to highlight how a negligent trucking company ignored truck regulations in favor of profit.

Whatever the scenario, Ohio Truck Accident Help knows how to win in court.

How Long Do Truck Accident Lawsuits Take?

Unfortunately, the time it takes to resolve a lawsuit after a semi-truck crash or collision with a tractor-trailer will vary based on the unique details involved.

Sometimes fault and liability are apparent, and the insurance company is prepared to settle the matter in a few weeks.

But when issues regarding disputed liability, fault, and potentially bad faith insurance tactics come into play, a lawsuit can take years to conclude. Therefore, it’s crucial to assess your situation as soon as possible with an experienced and dedicated Ohio truck crash attorney.

Beware Stall Tactics & Low-Ball Offers

Motor carriers and their insurance companies are usually massive companies with a vested interest in protecting profits – not necessarily the injury victims left behind after a devastating truck accident.

These corporations are known to use their considerable resources to drag out the process until victims feel the financial pressure to settle for less than full value.

An insurance adjuster or truck company representative might contact you and offer a quick settlement. But these fast, typically lowball offers are frequently for less than what you’ll need long-term. You’ll want to discuss any offer with a professional focused on what’s best for you.

Finally, remember these trucking companies want to protect their drivers and themselves. This usually involves casting doubt on your injuries or alleging that you share the blame for the crash. They do this to reduce what they owe. So, discuss your case with a lawyer who can honestly assess your truck accident claim.

Contact Ohio Truck Accident Help Before You File

Ohio Truck Accident Help is prepared to help you get the maximum settlement or courtroom verdict possible. Our goal is to stop lowball offers, prevent negligence in the trucking industry, and give injury victims the best chance at the compensation they deserve.