Ohio Truck Accident Help
A Division of Ohio Truck Accident
Ohio Truck Accidents: Fault & Liability
After an Ohio truck accident, evaluating if you can or should sue the truck driver directly might be necessary. Suing a truck driver for negligence on the road may be your best option to secure all the compensation you’ll need to recover, but delving into liability can be complex. Fortunately, an experienced truck accident lawyer can help you navigate the intricacies.
If you or a loved one have been harmed or tragically killed in a truck collision, and you suspect the driver is to blame, contact Ohio Truck Accident Help. Our dedicated truck accident legal team will review the details and determine the best path forward.
Call (855) 721-2737 for a free, no-risk consultation.
When a truck hits a car, considering legal action against the trucking company is often a reflex. They are large companies, after all, and likely employ the driver. However, the truck driver may be at fault in some situations.
One of the first things you may need to consider after a truck accident is whether the at-fault truck driver is officially classified as an employee of a trucking carrier or an independent contractor.
Specifically, when a truck driver is an employee, the trucking company can often be held liable for the driver’s negligence under the doctrine of “respondeat superior.” This doctrine states that employers are responsible for the actions of their employees carried out within the scope of their employment.
On the other hand, if a trucker operates as an independent contractor, they are likely to be personally liable. However, factors like the degree of control the company exercises over the driver can blur these lines, sometimes making it possible to hold a trucking company accountable even if the driver is considered independent.
Regardless of if the truck driver is an employee or an independent contractor, you have rights and options to consider because they can still be sued for negligence or reckless behavior on the road.
In Ohio, truck drivers must adhere to strict safety standards, whether contractors or employees. Additionally, both employee and contractor truck drivers are required by law to have insurance. If a driver’s negligence or violation of these standards results in an accident, they can be held accountable.
While trucking companies have responsibilities, individual truck drivers also have specific duties when on the road. Their direct actions or inactions can lead to accidents, making it crucial to identify instances where you can sue a truck driver.
Examples of truck driver negligence include the following:
Truck drivers, especially long-haul truckers, often work long hours. Despite regulations that mandate rest periods, some drive longer than what’s allowed by law. Fatigued driving is as dangerous as driving under the influence and can be grounds for a lawsuit.
If a driver was texting, eating, or not paying attention to the road when the accident occurred, they might be liable.
Speeding or reckless driving, especially in a vehicle as large and heavy as a truck, can have catastrophic results.
Driving under the influence of drugs or alcohol is illegal and highly irresponsible. If proven, you can sue the driver for putting lives at risk.
Truck drivers are required to conduct pre-trip inspections. If a preventable mechanical failure occurs due to the driver’s failure to inspect or report an issue, they can be held accountable.
Whether you can sue a truck driver directly or with their employer might depend on several factors. For instance, you may initially suspect the driver of wrongdoing. An investigation may reveal that a defective truck part was the primary cause of your accident, and the manufacturer should have been aware of the danger.
The process to begin a legal claim or lawsuit for truck accident injuries should always start with the victims seeking medical attention. Once your immediate health concerns are addressed, consult an attorney experienced in truck accident cases.
Ohio Truck Accident Help will meticulously investigate the cause of your accident and identify driver negligence when we find it. Our truck accident team will:
To successfully sue a truck driver in Ohio, a high standard of evidence is required. You must demonstrate that the driver owed you a duty of care and violated this duty, leading to the accident. Documents like the driver’s logs, police reports, and witness testimonies are pivotal in proving your case.
One thing that makes suing a truck driver directly more complicated than other personal injury cases is the potential overlap of liabilities and multiple insurance policies. Truck drivers may be covered by both their personal insurance and a company’s insurance.
Determining which policy is primary, the extent of each policy’s coverage, and navigating through the layers of protections can be complex. Further, a truck driver may muddy the waters of your case by alleging the victim is at least partly responsible, which can potentially reduce what they owe.
Because of our focus on Ohio truck accident cases, Ohio Truck Accident Help knows what to look for, where to find it, and how to prove truck driver negligence.
Don’t assume that by suing the truck driver, you’ll be dealing with them directly. Large insurance companies typically still represent and cover truck drivers.
These companies have massive legal departments, and many rush to offer settlements after an accident. However, these offers are designed to minimize their payout. Always consult with a qualified trucking attorney to ensure you’re adequately compensated.
Ohio Truck Accident Help is ready to get you the best settlement or courtroom verdict possible. We aim to stop lowball offers, prevent negligence in the trucking industry, and get injury victims the compensation they deserve.
If you or a loved one have been injured in an Ohio truck accident and believe the driver was responsible, call (855) 721-2737 to set up a free, no-risk consultation.