Determining Liability in Ohio Truck Accident Cases

Truck Accident Liability

All truck drivers owe others on the road a certain degree of care. If you don’t meet this obligation, you can be held liable for the resulting damage related to an accident. The same is true for truck accidents. But truck crashes are usually more complex since many factors and outside parties can be involved.

A driver operating as an independent contractor might be solely liable if they recklessly drove their 18-wheeler too fast for the road conditions. Other times, a trucking carrier can also be held accountable for their employee, especially if their policy or practice influenced the crash.

It can be hard to establish how an accident happened if you don’t have assistance, but an attorney can investigate and help assign liability.

Here are some parties commonly held liable after a truck collision:

Negligent Truck Drivers

Driving a large commercial vehicle takes skill. But truckers are not immune to reckless behaviors. Truck drivers are also tasked with ensuring their vehicle is safe to operate. They may be liable when a truck driver’s negligence results in an accident and injuries.

Truck driver negligence includes:

• Distracted Driving
• Fatigued Driving
• Disregarding Traffic Signals
• Speeding/Dangerous for Conditions
• Impaired Driving
• Reckless/Aggressive Maneuvers

Trucking Companies

The companies that employ truckers and own commercial trucks can also be financially responsible. For example, large carriers often cut corners on training and ‘hours of service regulations. So, if a truck crash was caused by fatigued driving and you have evidence the trucking company told drivers to skip breaks to make quotas, they could be at fault.

Ways a motor carrier can be responsible:

• Pushing drivers to drive outside what’s safe or legal
• Lax driving training
• Negligent driver hiring
• Failing to inspect trucks
• Failure to perform routine repairs

Truck Part Manufacturers

Unfortunately, sometimes determining the cause of a truck crash is not always as apparent as driver or employer error. For instance, the manufacturer may be liable if a defective part was used and a malfunction caused a tire blowout or engine failure.

Product claims in truck accidents:

• Brake failure
• Defective trailer hitch
• Steering problems
• Load straps
• Coupling systems
• Tires
• Hydraulics

Truck Unloaders & Loaders

Based on the cargo or company, a third party may have loaded or unloaded what was being transported. If the truck was overloaded or safety measures were not followed, materials or equipment could fall off while traveling, potentially causing an accident and injuries.

Truck Mechanics & Technicians

Commercial trucks need regular maintenance. Many trucking carriers outsource this to third-party mechanics. While the truck’s owner is still responsible for the vehicle, a negligent technician could also be at -fault if their failure to inspect a critical system or perform a safety check resulted in a collision.

Proving Truck Accident Liability

Determining liability for a truck accident can get complicated. Many times, more than one party may be at least partially responsible. And to make things more complex, the trucking companies usually control much of the evidence that may point to other liable parties or other details.

A truck driver’s logs usually have critical data, and the trucks should have detailed maintenance records. It will usually take an exhaustive investigation to establish fault and liability accurately.

Ohio Truck Accident Help is not intimidated by complex truck accidents. We know how to investigate and recreate the conditions that led to your injuries. Let us review what happened and explain who’s liable.

Proving Negligence

By gathering evidence of negligence and identifying all the liable parties for your truck accident injuries, you strengthen your claim for damages and negotiation position should you have to pursue a lawsuit.

Elements of Trucking Negligence

To prove negligence after a truck crash, you need to show you were owed a duty of care, that duty was breached, that breach caused you damages, and that you suffered harm. Essentially, this means demonstrating that the truck driver, another liable party owed you an obligation, they carelessly or recklessly violated this responsibility, and their actions caused your truck accident and injuries.

Evidence of negligence in a truck accident includes:

• Photos and videos
• Regulatory compliance records
• Accident reconstruction reports
• Eyewitness statements
• Truck maintenance records
• Police reports
• Truck driver logs
• Employment records
• Black boxes or electronic data recorders

Shared Liability for Ohio Truck Crashes

Insurance companies use a standard tactic to reduce liability, suggesting the victim is at least partially to blame for the accident. They do this to resolve claims quickly and pressure people into accepting less than they deserve in compensation.

But remember, Ohio has a modified comparative fault system, allowing an injury victim to share up to fifty percent of the fault for an accident and still recover compensation for their losses.

Speak with Ohio Truck Accident Help About Liability & What You’re Owed

Ohio Truck Accident Help focuses on helping Ohio truck accident victims with every aspect of their case. We will thoroughly investigate and find everyone financially liable for the losses associated with being injured in an Ohio truck crash.

You may be entitled to compensation for 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

Our experienced team is prepared to help you get the maximum settlement or courtroom verdict possible from all the liable parties involved. 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.