Ohio Truck Accident Help

A Division of Ohio Truck Accident

Wrongful Death Claims From Truck Accidents in Ohio

Frequently Asked Questions About Fatal Truck Accidents in Ohio

Uncategorized in Truck Accidents

Fatal truck accidents in Ohio can have devastating consequences for victims’ families, leaving them with emotional trauma and financial burdens. If you have lost a loved one in a truck accident, you likely have many questions about your legal rights and options.

Our experienced Ohio truck accident attorneys are here to guide you through the complexities of wrongful death claims and help you pursue the compensation you deserve.

What Are the Common Causes of Fatal Truck Accidents?

Fatal truck accidents can occur due to various factors, including:

Driver Negligence

Driver negligence is one of the leading causes of fatal truck accidents. This can include distracted driving, speeding, fatigue, and driving under the influence of drugs or alcohol.

Mechanical Failures

Trucking companies and drivers are responsible for maintaining their vehicles. Mechanical failures, such as brake malfunctions, tire blowouts, or engine defects, can lead to catastrophic accidents.

Improper Cargo Loading

Improperly secured or overloaded cargo can make a truck difficult to control, increasing the risk of rollovers and collisions.

Hazardous Road Conditions

Poor road conditions, construction zones, and inclement weather can contribute to fatal truck accidents, making it essential for truck drivers to exercise caution and adjust their driving accordingly.

Who Can File a Wrongful Death Claim After a Fatal Truck Accident?

In Ohio, the personal representative of the deceased’s estate can file a wrongful death claim on behalf of eligible family members, including:

  • The spouse
  • Children
  • Parents

The compensation awarded in a wrongful death claim is intended to support surviving family members who have suffered losses due to their loved one’s passing.

What Compensation Can Be Recovered in a Fatal Truck Accident Claim?

Losing a loved one in a truck accident is an incredibly painful experience, and surviving family members may be entitled to compensation to help ease the financial burden caused by the tragedy. Some types of compensation that may be available in a fatal truck accident claim include:

Funeral and Burial Expenses

These costs can include funeral services, caskets, urns, burial plots, and any other expenses related to the final arrangements. These costs can be substantial, and compensation can help relieve the financial strain during a difficult time.

Medical Bills Related to the Accident

Medical bills can quickly add up if your loved one was taken to the hospital or received emergency care following the truck accident. Even if the person did not survive their injuries, the medical treatment leading up to their death can still be included in the claim.

Loss of Financial Support

If the deceased was a primary income earner, surviving family members may be entitled to compensation for the financial support they would have received if the accident had not occurred. This can include lost wages, benefits, and retirement contributions that the deceased would have provided in the future.

Loss of Companionship and Guidance

Surviving spouses, children, and sometimes even parents or siblings may be able to seek damages for the emotional impact caused by the loss of a loved one. This includes the loss of the deceased’s companionship, love, affection, care, and guidance, especially in the case of minor children or those who rely on the deceased for advice or emotional support.

Pain and Suffering

In some cases, the deceased person may have experienced physical pain and emotional suffering prior to passing. Surviving family members may be entitled to compensation for their loved one’s pain and suffering as part of the wrongful death claim.

How Long Do I Have to File a Fatal Truck Accident Claim in Ohio?

In Ohio, wrongful death claims, including those related to fatal truck accidents, are subject to a two-year statute of limitations. This means you must file your claim within two years of the accident or the date of death to preserve your right to seek compensation. Failing to file within this timeframe can result in losing your ability to recover damages.

It’s important to act quickly; gathering evidence, consulting experts, and negotiating with insurance companies can take time. Additionally, if multiple parties are involved, such as the truck driver, trucking company, or vehicle manufacturers, it may complicate the case further, requiring more time for thorough investigation.

Who Can Be Held Liable for a Fatal Truck Accident?

Multiple parties may be held liable for a fatal truck accident, depending on the specific circumstances surrounding the incident. Liability can extend beyond just the truck driver and include the following:

The Truck Driver

If the truck driver was negligent or reckless, such as by speeding, driving under the influence of alcohol or drugs, or failing to follow traffic laws, they could be held personally responsible for the accident.

Additionally, if the driver was fatigued, violating hours of service regulations, or distracted, they may be found liable for causing the crash.

The Trucking Company

Employers of truck drivers, such as trucking companies, can be held liable if they were negligent in their hiring, training, or supervision practices. For example, they could be held accountable if the trucking company failed to conduct proper background checks or allowed an unqualified driver to operate a vehicle.

Vehicle Manufacturers

In some cases, a truck accident may be caused by a defective part, such as faulty brakes, tires, or engine components. If a defect in the vehicle’s design or manufacturing led to the crash, the manufacturer of the truck or its components may be held liable.

Cargo Loaders

When cargo is not loaded properly, it can shift, causing the truck to become unstable or difficult to control. In cases where improper loading or overloading contributed to the accident, the party responsible for loading the truck may be held liable.

How Can a Lawyer Help with My Fatal Truck Accident Case?

A skilled and experienced truck accident lawyer can provide critical assistance throughout your case. Here’s how they can help:

  • Investigating the Accident to Determine Liability
    Your lawyer will conduct a thorough investigation to uncover all the facts surrounding the accident. This includes gathering evidence from the scene, speaking to witnesses, and working with accident reconstruction specialists to determine exactly what happened and who is at fault.
  • Collecting Evidence Such as Police Reports and Witness Statements
    Your attorney will collect key evidence, such as police reports, witness statements, and any available video footage. They will also gather medical records, expert testimony, and other documents that strengthen your claim. This evidence is vital in proving negligence and establishing the full extent of damages.
  • Negotiating with Insurance Companies
    Insurance companies often try to minimize their payout, especially in fatal truck accident cases. A lawyer can negotiate on your behalf to ensure that you receive a fair settlement. They will work to secure compensation for all damages, including medical expenses, funeral costs, lost wages, and pain and suffering.
  • Representing You in Court if Necessary
    If a fair settlement cannot be reached through negotiations, your lawyer will be prepared to represent you in court. They will present a strong case, advocate for your rights, and work to secure a favorable judgment. Having an experienced attorney in the courtroom can significantly increase your chances of obtaining a successful outcome.

Contact an Ohio Truck Accident Lawyer Today

If you have lost a loved one in a fatal truck accident, you don’t have to go through this difficult time alone. Our compassionate and knowledgeable attorneys are ready to help you seek justice and the compensation your family deserves.

Contact us today for a free consultation to discuss your legal options and take the first step toward financial recovery.