Truck accident injuries involve complex regulatory and evidentiary issues that make them much different than most motor vehicle accident cases. Unfortunately, most truck accident cases involve serious injuries and the stakes are higher because of this. On top of that, the potential for regulatory violations means a skilled and knowledgeable attorney is that much more important. If you were in a truck accident near Bowling Green, Ohio, call Sawan & Sawan today at 419-900-0955 to discuss your case.
What should I do immediately after a semi-truck accident in Ohio to protect my legal rights?
Immediately after the accident, call 911 and request law officers and EMS. In fact, Ohio law requires the reporting of accidents involving significant damages and injuries. Do not leave the scene until the police finish their investigation. If possible document the scene by obtaining photographs, diagrams, vehicle license plates, DOT numbers, road conditions, skid marks, and debris. If you can do so safely, get all of the truck driver’s information and confirm if there are any witnesses. Do not admit fault but only give a statement to the police on the facts as you remember them. Preserve all the evidence such as: photos, tow receipts, rental car receipts, medical records and photos of your injuries. After the accident, obtain the police report as soon as possible as it will be a very important piece of evidence. You should always seek medical attention, even if you feel alright. Having medical records will help substantiate your damages. Contact your insurance company to report the accident. Do not give a statement to the trucking company’s insurance company if they request one and instead, contact an experienced trucking accident attorney. These cases are complex and require an attorney to gather all the evidence needed for successful resolution.
Who can be held liable for a semi-truck accident in Ohio?
Liability for a semi-truck accident depends on the specific facts of the case. As with most injury cases in Ohio, claims are typically based on negligence, vicarious liability, or specific statutory violations. The nature of the claims in your specific case will vary. Most often, the truck driver and trucking company (carrier or employer) are the usual Defendants. Most often, an insurance company or multiple insurance companies will then be brought into the case to defend them. If there are facts supporting it, however, a truck or parts manufacturer may also be liable. This can happen in cases where there was a defective vehicle component or a design or manufacturing defect. The intricacies of joint and several liability or comparative negligence can play a major role in recovering compensation for your injuries after a truck accident. It is important to have a truck accident lawyer analyze your case to make sure that all potentially liable parties are held accountable.
How is a semi-truck accident case different from a regular car accident claim in Ohio?
Truck accident cases are usually much more complicated than regular car accidents. They have legal and procedural nuances that increase the complexity. This is because there is a unique regulatory framework that governs commercial trucking and usually more parties involved. Injuries after a truck accident are also typically much more severe. Truck accident claims are governed both by general injury tort laws and also the Federal Motor Carrier Safety regulations. This can introduce particular issues for accidents that involve violations of the regulations leading to negligence per se. This can still happen in a car accident case where basic traffic laws are violated but it is much more common under federal trucking regulations. The evidence can be much more complex in a truck accident case because it can involve electronic logging devices, driver qualification files, maintenance records, truck equipment data and other particular information specific to the trucking industry. Car accidents, on the other hand, often do not involve this type of detailed evidentiary investigation.
What compensation can I recover after a semi-truck accident in Ohio?
An accident involving a semi-truck almost always causes more serious injuries due to the weight and size of the truck. You can recover both economic and non-economic damages and in some cases punitive damages. As to medical expenses you can recover for ER visits, hospitalizations, surgeries, physical therapy, chiropractic care, medications, and medical devices. Additional future care is allowed for long-term injuries. Wage loss, lost bonuses, overtime, and commissions are also allowed under economic damages. You are also allowed to include your inability to work long term which may be one of the largest parts of your case. Economic damages also include vehicle repair or compensation for total loss, personal property, and rental of a vehicle. Transportation to medical visits, home modification, and hiring assistance may be included. As to non-economic damages, you are entitled to pain and suffering, emotional distress, and loss of enjoyment of life. Loss of consortium on how the accident impacted your relationship with your spouse is also allowed. Punitives are allowed if the truck driver was intoxicated, longbooks were falsified, or there was an intentional violation of federal safety regulations.
How long do I have to file a semi-truck accident lawsuit in Ohio?
In Ohio, you have two years under R.C. 2305.10 from the date of the accident to either settle your case or file it in the appropriate court of law. A wrongful death case is also two years from the date of death and is governed by R.C. 2125.02. This is referred to as the statute of limitations. These deadlines are important as once they pass, you can no longer file your case. These claims often include: Black box/ELD data, maintenance logs, driver qualification files, and complex insurance coverage. These documents can quickly disappear unless preserved immediately after an accident. Early request to preserve these documents is essential for proving your case. If your child is injured, the statute of limitations is governed by R.C. 2305.16. That statute pauses the time frame until your child turns 18. After that, your child has two years until they reach 20 to either settle or file the lawsuit. You can file on behalf of your child within that tolled time frame.
What evidence is important in an Ohio semi-truck accident claim?
Trucking companies and their insurance companies gather evidence very quickly to protect themselves from liability. Because of this, the most important piece of evidence is the Black Box/ELD Data(Event Data Recorder). This evidence shows speed, braking, throttle, service hours, and deceleration. It will also show driver fatigue, speeding, and federal safety violations. Obtaining driving logs is mandatory under federal trucking regulations. This data will show whether the driver surpassed driving hours, was fatigued, or falsified records. Maintenance records will determine whether the truck was properly maintained and will identify brake failures, tire issues, and safety issues. A driver qualification file (DQF) includes training records, drug and alcohol tests, driving history, and prior violations. If available, obtain external videos by nearby businesses or other vehicles. Get photos of the scene including vehicle damage, skid marks, debris, and road conditions. Take measurements of the scene and confirm the weather and lighting conditions. Cooperate with the police and obtain the crash report. Get the bill of lading, load securement records, and weight tickets. These documents can show improper loading and can possibly shift liability to freight brokers and shippers. Finally, to proof your injuries gather all medical injuries and documentation to establish causation and damages.
What if the trucking company’s insurance adjuster contacts me after the accident?
If a trucking company’s insurance adjuster contacts you, you are under no obligation to cooperate. Although your statement is often requested by the insurance company, you do not have to give a recorded statement. They are typically only doing this to try to lock in your facts which may be used to impeach you later on in the case. You do not need to discuss injuries or damages especially since right after an accident, the full scope of injuries is not known. The adjuster is usually looking to suggest you were not that hurt, the injuries pre-existed the accident, or to use your statement to minimize the damages. These discussions should only be handled by an experienced trucking attorney. It is also important that you never discuss fault early in the case. Ohio is a comparative fault state. If you are found to be more than 51% liable, you can not recover your damages. Even if you were partially responsible for the crash, your compensation will be reduced by your percentage of fault if you are less than 51% responsible. Lastly, never accept early settlement offers, as the adjuster is trying to settle your claims for minimal value. You need to seek and follow up with your medical care provider until medical treatment is finished. Remember, once you settle your case, the matter is closed.
Dennis P. Sawan
