Truck drivers and the companies that hire them have a lot of responsibility when it comes to public safety. They are operating large, heavy machines that are capable of doing tremendous damage to smaller vehicles, pedestrians, and personal property.
For this reason, when a truck driver makes an error that causes injury to you, your family, or your property, you may be entitled to significant compensation with the help of an injury lawyer.
Findlay truck accident lawyers are here to help you determine the extent of your damages and to pursue legal action against any party that has neglected this great responsibility.
Prevalence of Truck Accidents
Just how frequently trucks are involved in motor vehicle accidents may come as a surprise to some people. According to the Ohio Department of Public Safety, in 2016, there were 16,651 accidents in Ohio involving trucks that caused injury or property damage, and more than half of them (9,699) were caused by the truck driver’s error.
These accidents resulted in 114 deaths and 4,912 injuries, of which 31 deaths and 2,472 injuries were caused by the truck driver’s error.
Common causes of truck accidents that a Findlay truck accident attorney can help with include:
- Fatigued driving
- Distracted driving
- Drunk or otherwise impaired driving
- Speeding or other reckless operation
- Equipment malfunctions
Truck Accident Liability
People might assume that only the driver can be sued in connection with a truck accident. However, there are often several potential defendants depending on the facts of the case. For example, in many cases, the injured person can sue the company the driver is working for.
This type of vicarious liability is called respondeat superior. In these cases, the employer will be liable for the employee’s negligent actions that occur during the course and scope of the employee’s employment.
For respondeat superior to apply, there must be an employment relationship (i.e., the driver cannot be an independent contractor), the employee must be performing duties for the employer at the time of the negligence, and the employee’s actions cannot have been intentionally wrongful or criminal (unless they were either required by the employment or foreseeable).
A good example of respondeat superior is when comedian Tracy Morgan sued Walmart after one of its truck drivers caused an accident that seriously injured him. Walmart settled with Morgan for an undisclosed – but presumably large – amount. A truck accident lawyer in Findlay could explain this theory in more detail during a consultation.
Potential Defendants in a Truck Accident Case
There are several entities a person injured in a truck accident may be able to recover from, based on the specifics of the accident and its cause. A Findlay truck accident attorney may explore various potential defendants.
The Driver
Negligent truck drivers are responsible for most trucking wrecks. While careless driving behaviors, such as speeding, fatigued driving, tailgating the vehicle in front, distracted driving, and aggressive driving, can be dangerous for any driver, they are particularly hazardous when the driver is behind the wheel of a large semi-truck. Trucks are harder to handle, so truck drivers should be extra vigilant to ensure they are driving them correctly and paying full attention to their driving duties. Truck drivers should also receive proper training on the correct handling of large vehicles because inexperience can lead to accidents.
The Driver’s Employer
The trucking company that employs the driver could also be liable under the above-mentioned theory of respondeat superior. The trucking company could also be directly responsible for its own negligence. If the trucking company set timetables that were overly strict and not feasible for drivers to meet, a court could conclude that the company wrongly put undue pressure on their drivers to exceed federally mandated driving time restrictions. The trucking company could bear responsibility for failing to train new drivers, hiring truckers with poor driving records, or not maintaining their vehicle fleet in proper working order.
The Loading Company
The company that loaded the cargo into the truck could be liable for making a careless or reckless loading mistake. If a loading company does not secure the cargo in place in the truck’s trailer, it can shift in the trailer when the truck is in motion or even fall out of the truck. If a loading company fails to make sure the weight of the cargo is correctly balanced, the truck could be harder to control. Unbalanced trucks are more likely to veer out of their lanes and are more prone to rolling over or jackknifing. Some loading companies knowingly overload trucks to save on overhead costs of using multiple trucks.
The Manufacturer of the Truck and its Parts
The manufacturing companies that made the truck and its replacement parts could be held responsible for producing an inherently defective product. If a part suddenly malfunctioned and caused the truck to crash, an injured party could sue the manufacturer in a product liability claim.
The Insurance Companies
In most litigation involving trucking accidents, the party who will actually pay the damages or the settlement amount is the insurance company. Because Ohio is an at-fault state, it operates with a tort system, which means that the at-fault driver or the insurance company of the driver who was “at fault” for an accident is generally responsible for the cost of an accident. Ohio requires all drivers to carry liability insurance to cover the cost of such incidents.
A dedicated legal team could carefully investigate the accident to learn exactly what went wrong and who could be liable.
Important Evidence in Trucking Accident Cases
Reaching out to a skilled legal team, such as the experienced Findlay truck accident attorneys at Charles E. Boyk Law Offices, is essential to do right after a wreck for several reasons. Evidence is easier to locate in the days and weeks immediately following a trucking accident. For instance, a trucking company might misplace the trucker’s logbook, which indicates where they went and the hours they worked. The logbook could get lost inadvertently, or the company might want to hide evidence of the fact that they forced their drivers to exceed federally mandated driving time restrictions. Other critical evidence, such as the trucking company’s training manuals and hiring protocols, could also be similarly misplaced. In the immediate aftermath of a crash, people’s memories are also sharper. If an attorney is able to speak with them shortly after an accident, witnesses to a crash might be able to convey critical details about the crash that they might later forget. For instance, a witness might be able to tell our lawyers that they saw the truck driver look down at their lap right before the accident. Although this would not be clear proof that the driver was texting, the fact that they were looking down could indicate that they were looking at their phone and distracted. A qualified legal team could follow up on that information by subpoenaing the driver’s phone records to see if they were texting, dialing, scrolling, or on social media when the crash occurred. If you wait too long to file a suit or speak with an attorney, you might lose access to certain information and witnesses. Trucking company employees who could speak about the company’s training and other policies might change jobs or move and be hard to locate.
Types of Evidence
If a truck crash attorney in Findlay is able to begin their full investigation promptly, they can carefully comb through the evidence from the wreckage to discover what happened. They know how to examine all types of evidence, including:
- Police accident reports,
- Blood alcohol levels,
- Video surveillance photographs,
- Cell phone records,
- Traffic camera footage,
- Manufacturing reports,
- Maintenance records,
- Employee manuals,
- Driver’s logbooks,
- Driver’s onboard computer or black box, and
- Evidence from the crash scene, such as the damaged vehicles.
Our attorneys could carefully secure the relevant evidence so it does not get misplaced. We could also skillfully interview anyone who might be familiar with the crash scene, truck driver, or trucking company. Our legal team would not rest until they knew precisely what went wrong and who could potentially be legally to blame.
Recoverable Damages
After looking at the evidence of what caused the commercial vehicle collision, our dedicated Findlay attorneys could help learn about an injured motorist’s particular damages and the impact the accident has had on their life.
Economic Damages
By working with doctors and other medical professionals who are experts in the field, our lawyers could determine the full cost of someone’s medical and other out-of-pocket losses that they have already experienced and that they likely will experience in the future due to the accident. If their medical conditions require them to temporarily or even permanently stop working, our caring legal team could help them calculate what they might have earned during the period they were out sick or what they might have earned during their lifetime of working.
We could help clients recover compensatory damages, which will reimburse them for medical bills, lost wages, property damage, and other costs they may have incurred as a result of the commercial vehicle accident.
Non-Economic Damages
People in trucking accidents experience more than just economic and physical harm. They also frequently suffer from emotional struggles. Ohio law allows injured people to pursue financial recovery for their pain suffering, mental anguish, disfigurement, decreased enjoyment of life, and other intangible losses. Experienced attorneys understand that non-economic losses are equally important as economic losses, so they would work hard for a just result.
Punitive Damages
Depending on the facts of the case, our team may also seek punitive damages, which are additional damages designed to punish a defendant for particularly reprehensible behavior.
Limits on Recoverable Damages
Ohio law does not limit the amount of economic damages that an injured party can recover. However, there are statutory caps on the amount of recoverable non-economic and punitive damages. Our seasoned local attorneys could explain how those caps might affect your recovery of damages, after taking a careful look at the unique circumstances of your commercial truck accident.
Comparative Fault and Truck Wrecks
In addition to damage caps, your recovery of damages might be affected by Ohio’s comparative fault rules. Ohio operates with a modified comparative negligence system, which means that a court would take into consideration your actions in calculating damages. If your actions did something that contributed to the accident, such as if you were speeding or you ran a red light, a court could determine that you are partly to blame for the trucking accident. According to Ohio Revised Code Section 2315.33, as long as your actions were less than 50 percent to blame for the crash, you can still pursue a legal claim. However, a court would calculate the value of your contributory fault and reduce your recoverable damages according to your degree of fault. For example, if a court determines that your speeding amounted to 10 percent of the reason that the trucking accident occurred, the court would reduce your recoverable damages award by 10 percent. A Findlay semi-truck wreck attorney could help maximize potential damage awards and defend against allegations of shared fault.
Benefits of Hiring a Truck Accident Attorney
After a motor vehicle accident involving a large commercial truck, you might be overwhelmed. Your injuries are probably serious, you might be drowning in financial debt due to your unexpected medical bills and your lack of a paycheck, and you probably need a new car. Your first instinct might be to try to settle the matter as quickly as possible without hiring an attorney. If you hear from the trucking company’s insurance company, you might be tempted to accept their initial offer. Unfortunately, the trucking company is not looking out for you as an individual. The company does not want to make you feel whole again. Their insurance company is probably just trying to get you to accept a settlement that is unfairly low so they can protect their profit margins.
If you decide to work with a well-versed Findlay truck accident attorney from Charles E. Boyk Law Offices, you can often count on getting better results. Our attorneys are experienced and skilled negotiators. We understand how insurance companies work, and we will fight hard for a fair result. We know how to gather and present evidence in a way that strengthens a potential claim. After reviewing our evidence, if the insurance company is still unwilling to settle for what you deserve, the legal team could fight on your behalf in court. We care about our clients and their families and want to make things right.
Types of Truck Accidents
Large commercial vehicles in the Findlay area crash for many different reasons. Most commonly, they crash because of negligence on the part of the truck’s driver, the trucking company, the loading company, the manufacturing company, or the truck’s mechanics.
When negligence, carelessness, or recklessness causes an accident, different kinds of problems can occur. The most common types of truck accidents include:
- When a truck crashes into the back of another car because the driver was unable to stop in time,
- When a truck smashes into the side of another vehicle at an intersection,
- When a truck rolls over, and
- When a truck jackknives, endangering the lives of people across several lanes of traffic.
Our seasoned legal team has a trusted and proven track record of success in helping people who have sustained damages and injuries in all types of trucking accidents.
Steps to Take After a Truck Accident
If you experience harm in a trucking wreck, you need to take specific steps to protect your rights and interests.
See a Doctor
Everyone should get a full medical evaluation after a trucking accident. Some injuries do not appear for a few hours or even days. You might feel fine immediately after the wreck, but that could be because your adrenaline is pumping so fast that you do not feel the pain. A doctor could check to see if you have any hidden injuries, such as a concussion or internal bleeding. If you decide to pursue a lawsuit later, you could use the doctor’s record to show the link between the accident and your injuries.
Gather Information
If you can, you should try to gather as much information as possible after an accident. You should ask the truck driver for their name, insurance information, and the company that they work for. You should also keep a written record of your injuries and other losses so you can show how the accident impacted your life.
A knowledgeable Findlay truck wreck attorney could explain what you need to do at each step of the legal process, offering you helpful advice.
Contact a Findlay Truck Accident Attorney Today
Being involved in a truck accident is a terrifying event, but you do not have to suffer financially. The most important thing is that you contact our Findlay truck accident lawyer as soon as possible so that we can get started in recovering the money that you deserve.
