Charles E. Boyk Law Offices, LLC
Ohio has fully adopted the Federal Motor Carrier Safety Regulations, which is the body of laws and rules that govern truckers and trucking companies and how they operate their vehicles. These regulations are put in place to prevent accidents and promote safety on the roads. Most of the common causes of Fremont truck accidents are due to the driver or trucking company failing to abide by these laws. To learn more about the common causes of Fremont truck accidents and how the causes can impact a case, consult with a seasoned truck collision attorney.
The most common causes of Fremont truck accidents are:
Depending on how or what caused the accident and how it impacts the case, depends on which parties would be liable for the accident. Generally speaking, the truck driver is operating the vehicle at the order of their employer. This means that any actions that the driver takes, the employer is also going to be responsible for the actions and the result of the actions. There are certain instances where the company itself is solely responsible for an accident because they have directed their driver to either operate outside of the hours of the operating regulations or instructed them to make a delivery in a time period that is unfeasible.
Injuries stemming from the most common Fremont truck accidents are significant. These injuries can vary from whiplash to death. Most people involved in a truck collision experience permanent physical injuries. This is partially due to the size and weight of the truck and this impacts the crash. Also, the speed of trucks is much higher than the average auto accident because trucks generally operate on major highways where the speed limit is higher.
Ohio is a comparative negligence state, which means that an injured individual may recover from their injury stemming from an accident even if they are partially at fault for the accident. An individual who is partially at fault will be assigned a percentage of negligence. For example, if the plaintiff should be awarded $100,000 in damages but was found to be 10 percent at fault, then they would then collect $90,000. As long as the injured party is not more than 50 percent at fault, then they have the right to recover for their injuries.
Each accident carries its unique set of facts which help dictate who was liable for the collision. For example, generally, rear-end accidents are never considered the fault of the person who is rear-ended. Therefore, the truck driver or the person that caused the rear-end accident is 100 percent liable for these types of collisions. Another factor that can show liability is when a driver or company is found in violation of the Federal Motor Carrier Safety Regulations. This establishes negligence per se, which means that the person operating the truck either broke the law or the company directing the operation of the truck broke the law. In a negligence per se instance, the injured party only has to show the injury that they sustained is the result of the company or driver breaking the law. If you have any questions about establishing liability and the common causes of Fremont truck accidents, call an experienced lawyer.