Ohio Truck Accident Help
A Division of Ohio Truck Accident
Ohio Truck Accidents: Fault & Liability
In many cases, truck accident injury victims have reason to sue the trucking company responsible for the vehicle and driver that caused their injuries. However, lawsuits against large motor carriers are not without challenges.
These are often big, powerful companies – focused on paying you less. But Ohio Truck Accident Help is dedicated to helping Ohio truck accident victims. If you or a loved one were hurt by a truck, let our truck accident lawyers determine the best way to recover max compensation, including suing the truck company.
Call (855) 721-2737 to schedule a free, no-risk consultation.
When a truck collides with a car, you can usually assume that you’ll need to pursue legal action against the driver. But negligence laws also apply to the companies that employ drivers, repair commercial vehicles, and handle cargo.
Trucking companies must follow the law, comply with trucking regulations, and ensure their drivers are safe behind the wheel. Unfortunately, companies often shirk their responsibilities in favor of profits.
When people are injured. As a result, they can and should be held liable for damages. By suing a trucking company, you can seek financial recovery for your:
Most truck accident lawsuits are settled out of court. However, trucking companies and their insurers will work hard to deny their involvement or place the blame on you. In some instances, suing a motor carrier might be necessary to preserve evidence or compel them to take your claim seriously.
Ohio follows the legal concept of “Respondeat superior,” a type of vicarious liability which generally makes employers responsible for their employees if they acted within the scope of their employment.
For example, if a truck driver is employed by a trucking company and causes an accident because they were negligent, the company may also be liable. There are some exceptions, but vicarious liability typically lets you sue the trucking company after a crash.
Aside from being generally liable for the drivers they employ, commercial carriers can be negligent and contribute to collisions on their own. While their role in your accident and injuries can be hard to see without help, these are some examples of trucking company negligence.
The (FMCSA) limits truck drivers’ hours on the road. Under federal law, a truck driver may drive a maximum of 11 hours after 10 hours of rest, and after 8 hours, a driver must take a break. There are limits on driving on consecutive days and guidelines around adverse conditions.
Unfortunately, trucking companies often pressure drivers to violate these rules and compel drivers to go further and longer than what’s allowed. Such practices put others at risk, and it may take a formal lawsuit to confirm that the employer put a tired driver behind the wheel.
Onboarding a new truck driver is a significant investment. However, the trucking industry has been experiencing a driver shortage and supply chain issues. As a result, inexperienced and unqualified truck drivers are on the road.
Some drivers have a history of driving violations or lack a CDL. If an accident happens, the company can be sued along with their employee.
Trucking companies must perform random drug tests and conduct ongoing safety training. But to maximize productivity and profit, many policies are not implemented. Such disregard for safety measures could easily contribute to an impaired truck driver accident or another preventable incident.
Large commercial trucks are complicated machines with intricate fuel and braking systems. The companies that own these vehicles are required by law to keep them in good condition. This means routine upkeep and inspections. When companies fail to do so, trucks fall into disrepair, and malfunctions become inevitable.
Like other corporations, trucking companies must keep records. This includes employment files, truck repair records, training documentation, and driver logs. When records go missing, are falsified, or are not appropriately completed, they can point to wrongdoing and be used as evidence in the event of an accident.
The FMCSA is the agency tasked with overseeing the trucking industry. They set rules to keep drivers and motorists safe and cover fueling, cargo, emergency procedures, and driver behaviors. When regulations are disregarded, it can create a road hazard.
Although you can sue a trucking company if their employee or actions caused your accidents, there are instances where the company is not liable. For example, if the driver was not an employee but an independent contractor, you may need to sue the truck driver.
Remember, drivers that operate as independent contractors are still required to carry insurance. Even if a trucking company isn’t liable, we can investigate and may be able to identify other liable parties.
After a truck collision, the first thing to do is seek medical attention. Once you’ve documented your injuries and started treatment, consult a lawyer about all your legal options, including the possibility of suing the trucking company.
Our attorneys will analyze what happened to ensure you have a valid case. We will review the details and help determine if the trucking company, the driver, or another party is liable. This evaluation is free and part of your no-risk consultation.
Ohio Truck Accident Help will handle every aspect of your truck accident lawsuit. When you sue a trucking company, we will
Whether you sue a truck company for negligent hiring or putting undue pressure on a driver to ignore rest times, it takes evidence to prove the trucking company caused you harm.
To successfully sue a trucking company, you need to meet the legal standard. This means demonstrating that the company or an employee acting on their behalf owed you a duty of care, they violated this duty, and ultimately their behavior led to your accident and injuries.
One thing that makes suing a trucking company more complicated than other personal injury cases is that much of the evidence will be under the company’s control. This includes the driver’s employment files, truck maintenance records, and internal communications that may show the company was aware or should have been aware they were neglecting their obligation to you.
Because of our focus on truck accident cases, our team knows what to look for, where to find it, and how to compel the trucking company to turn it over. This goes a long way in proving the trucking company’s role in your accident.
Trucking companies and insurers will routinely offer quick settlements. But these offers are designed to reduce what they pay out and prevent you from suing them in the future.
To accurately assess your injuries and potential compensation after a truck accident, it’s best to consult an attorney with considerable experience fighting against large trucking companies. A capable attorney can review your accident, negotiate for max value, and help determine when to sue the trucking company.
Ohio Truck Accident Help is prepared to help you get the best settlement or courtroom verdict possible. Our goal is to stop lowball offers, prevent negligence in the trucking industry, and give injury victims the compensation they deserve.
If you or a loved one have been injured in an Ohio truck accident and believe the trucking company was responsible, call (855) 721-2737 to set up a free, no-risk consultation.