A skilled Toledo truck accident lawyer can provide invaluable assistance if you or a loved one suffered severe injuries because of an Ohio truck accident.
At Boyk Law, our mission is clear: to secure rightful compensation and justice for all our clients. We have supported numerous truck accident victims in obtaining the financial compensation needed to recover from their injuries, both physically and emotionally. Additionally, we provide the highest standard of care and compassion to families grappling with the tragic loss of their loved ones after a fatal truck crash.
Our distinguished team of personal injury attorneys specializes in handling cases involving truck accidents, drawing upon a wealth of experience spanning over a century. We have built a solid reputation in the legal sphere for our ability to effectively challenge insurance providers and large corporations.
We believe expertise is essential. At Charles E. Boyk Law Offices LLC, we pride ourselves in on our extensive knowledge and resources and our genuine commitment to guiding and supporting our clients throughout their legal journey. What truly sets us apart is our dedication to treating each client like family, fiercely defending their rights, and ensuring their well-being is prioritized. Contact our Toledo semi-truck accident attorneys now to start your case.
What To Do After a Truck Accident
In the aftermath of a truck accident, time seems to stop. Shock and potential injuries may leave you and others involved in a state of disarray. Yet, the immediate actions you take following an Ohio trucking accident hold significant weight in determining the extent of your injuries and your ability to seek damages from those at fault. Adhering to these steps is critical to ensuring your safety and safeguarding your right to compensation.
- Prioritize safety – If you find yourself on the road or in the path of oncoming traffic, safely and swiftly move yourself and other crash victims to safety.
- Contact emergency services – Once secured, dial 911 immediately. Upon their arrival, provide a detailed account of the events leading up to, during, and after the collision. Ensure you obtain a copy of the ensuing police report for your records.
- Document the scene – Utilize your cell phone to capture images and footage of the involved vehicles and accident site. Gather contact information and brief statements from any eyewitnesses. Additionally, jot down your recollections of the accident promptly to avoid overlooking crucial details.
- Seek medical attention – Despite feeling fine initially, the shock of the accident may mask underlying injuries. It’s imperative to seek medical evaluation promptly at a doctor’s office, urgent care facility, or emergency room. Adhere to medical advice diligently and retain all documentation of treatment and associated expenses.
- Refrain from discussing the accident – Following the accident, you may receive inquiries from the opposing party’s insurance company. It’s crucial to avoid engaging in conversations with them. Allow all communication regarding the accident to be handled by your attorney, ensuring your interests are safeguarded.
- Consult with a Toledo truck accident attorney – Personal injury cases are intricate, especially those involving truck accidents. These incidents often entail multiple complexities and liable parties. A seasoned attorney will craft a strategy to protect your rights and pursue accountability from those responsible, securing the rightful financial compensation you deserve.
Common Truck Accident Injuries
Tractor-trailers, with their immense size and unwieldiness, pose a significant threat on the road. Despite the safety advancements in automobiles, colliding with a truck can result in severe damage to both vehicles and their occupants. While some individuals involved in Toledo truck accidents may escape with minor injuries, others are not as fortunate. The impact of a 90,000-pound vehicle can inflict considerable harm.
Truck-related injuries often lead to permanent damage to the spinal cord or brain, with no possibility of full recovery. Additionally, these injuries often necessitate long-term or lifelong care, which can incur costs amounting to millions of dollars. Many individuals struggle to regain normalcy after sustaining injuries in accidents involving large or commercial trucks. Therefore, it is crucial to promptly seek assistance from a Toledo truck accident attorney. Schedule a consultation with us today to learn more and begin your path to recovery.
Common Causes of Truck Accidents
Sometimes these accidents are caused by a truck driver speeding to meet delivery deadlines. Often a truck driver operating while fatigued, often exceeding the tenth hour of their shift, causes the accident with a rear-end collision.
Other times the negligence in loading or overloading of the truck’s trailer and cargo is borne by the loading crew. Sometimes that negligence is on the part of maintenance companies that work on and repair broken parts of the truck. Sometimes the trucking company hired an unqualified driver.
Whatever the cause, at Boyk Law, our mission is to develop personalized strategies to expedite our clients’ recovery, manage medical expenses, and enable them to lead the lives they desire.
Truck Accident Statistics
The trucking industry largely operates on a system that incentivizes drivers for swift delivery. Drivers are often financially motivated to ensure their freight reaches its destination either on time or ahead of schedule. However, this pressure can lead some drivers to engage in risky behaviors, such as sacrificing adequate rest to meet or beat deadlines. The repercussions of such actions are evident nationwide, as highlighted by the alarming truck accident statistics below:
In a recent year, the National Safety Council reported that 5,700 large trucks were involved in fatal crashes. Additionally, 117,300 large trucks were involved in crashes resulting in injury.
Most fatalities in large-truck crashes are occupants of other vehicles, followed by truck occupants, pedestrians, and cyclists.
63% of these crashes occurred during the day, while 6% occurred in construction zones.
The top six counties for truck fatalities in Ohio include Cuyahoga, Hamilton, Franklin, Lucas, Montgomery, and Seneca. Nationally, the rate of fatalities caused by commercial vehicles is one in eight, while in Ohio, it is one in seven.
These statistics are not surprising given the inherent characteristics of trucks. Despite their power, trucks lack agility and maneuverability, requiring at least a quarter of a mile to come to a complete stop when traveling at 50 miles per hour. Furthermore, despite their array of mirrors, trucks still have significant blind spots. When these factors are combined with driver fatigue or inadequate maintenance by freight company mechanics, the consequences can be fatal.
It’s also unsurprising that many Americans are unaware of their rights and entitlements to compensation when injured. Being involved in an accident is a traumatic and emotionally draining experience, with victims primarily concerned about their survival and well-being. Consequently, worrying about financial ruin due to injury-related expenses should not be a primary concern.
A Toledo truck crash attorney possesses comprehensive knowledge of your rights as a truck accident victim. Their aggressive advocacy is vital in securing the compensation necessary to cover lost property, medical bills, and lost income. Additionally, they can address emotional distress, lifestyle limitations, and pain and suffering, which can impact not only the victim but also their families and loved ones.
Who Can I Sue for a Toledo Truck Accident?
To secure a favorable outcome in your case against the driver after a Toledo truck accident, the evidence must demonstrate that the truck driver acted negligently, carelessly, or violated traffic regulations, thereby causing the accident. Essentially, establishing the driver’s fault is crucial. Furthermore, you have the option to pursue legal action against the trucking company for their role in the crash.
According to Ohio law, the trucking company bears automatic liability for the negligence of its employees. Additionally, you can pursue legal action against the company on other grounds, such as mechanical defects, inadequate training, or falsification of logbooks. Further investigation may reveal instances where the company permitted the truck driver to operate for extended periods without adequate breaks or rest.
In many cases, it is possible to file a lawsuit against the owner of the trailer in addition to the company employing the driver and owning the cab.
An Ohio truck accident lawyer from our law firm will meticulously identify all potential parties to include in your lawsuit. This approach is essential for maximizing your personal injury settlement.
How Much are Truck Accident Settlements?
When determining the appropriate settlement amount, lawyers and insurance companies consider several factors, each unique to the specific case at hand. There is no predefined schedule or guideline for settlement amounts; rather, the skill and experience of your attorney play a crucial role in securing the best possible outcome. Due to the individualized nature of each case, there is no definitive “average” or “typical” settlement amount for truck accidents.
Key factors considered in determining your truck accident settlement amount include:
- Loss of income, wages, and earning capacity experienced by the victim.
- The severity of personal injuries sustained, such as brain and spinal cord injuries or other fractures.
- The extent of medical treatments, surgeries, and rehabilitation required due to the collision.
- The level of pain and suffering endured because of the truck accident, both past and anticipated future suffering.
- The impact of injuries on the individual’s daily life and activities.
- Psychological and emotional trauma stemming from the accident and subsequent injuries.
- The permanence of any disfigurements resulting from the accident.
- The insurance policy limits applicable to the trucking company and truck driver involved.
- And (perhaps most importantly) the degree of negligence exhibited by all parties involved in the crash.
- Each of these factors contributes to the overall assessment of the settlement amount, which is tailored to the specific circumstances of the case.
Legal Defenses Used by Lawyers for Trucking Companies
Trucking companies and insurance companies pay their lawyers a lot of money to avoid paying you a settlement. Throughout these cases, a common defense is to wrongfully blame the victim for the truck crash. Our Toledo injury lawyers are prepared to take on these defenses.
To defeat these legal defenses and get you the maximum compensation, we will:
- Hire private investigators to get eyewitness statements.
- Hire an accident reconstruction expert to prove the truck driver caused the crash.
- Download the “black box” in the truck and your vehicle for evidence to win your case.
- Get the truck company logs and maintenance records.
- Obtain the truck driver’s driving record and training history
An in-depth knowledge of these defenses and how to overcome them is a key in winning you a great truck accident settlement.
How much Time Do I Have to File an Ohio Truck Accident Lawsuit?
You generally have only two years from the date of a truck accident in Ohio to file a lawsuit. This deadline under Ohio Revised Code Section 2305.10, known as the statute of limitations, is very unforgiving and will forever bar your ability to get a settlement if you wait too long. For this reason, it is important that you contact a truck accident attorney now to start your case.
Contact a Toledo Truck Accident Lawyer Today
If you were injured in a truck accident, you need the assistance of a competent personal injury attorney. Our team of experienced Toledo truck accident lawyers is here to help you navigate the complexities of your case and secure the settlement you rightfully deserve.
Reach out to us today to learn more about how we can assist you.
