Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
According to the Federal Motor Carrier Safety Administration, Ohio is one of ten states with the highest average number of large truck crash fatalities. The most recent state patrol reports indicate that more than ten percent of all traffic fatalities involved collisions with heavy trucks.
If you or a family member has sustained personal injuries or property damage from a truck accident, an experienced Sandusky truck accident lawyer may be able to help you recover compensation. Given the potential severity of these kinds of wrecks, it may be in your best interests to hire a personal injury attorney who could work to ensure you seek compensation for all your recoverable damages.
Millions of trucks traverse Ohio’s highways every day, most of which are carrying heavy and unwieldy loads. As the number of trucks on the roads increases every year, so too do the accidents they cause—accidents which often result in grave injuries, given the size and weight of the vehicles and their cargo.
Various factors often play a role in truck accidents. The following in particular may be signs of legal negligence by one or more parties involved in some aspect of the crash.
Since drivers are expected to cover approximately 2,500 miles per week on average and permitted by law to drive up to 70 hours in an eight-day period, truck drivers often undergo long shifts while forgoing restful sleep. Exhaustion can inhibit concentration, promote carelessness, and cause a driver to fall asleep at the wheel.
In other cases, well-rested drivers grow bored with the monotony of long, solitary hauls and may pass the time by talking on a cell phone, text messaging, checking emails, or surfing the internet. Others may choose to drive while under the influence of alcohol or drugs.
Furthermore, truck drivers are typically paid by the mile, so the pressure is always on to complete one trip and immediately begin the next. This payment structure may encourage drivers to speed despite poor weather conditions, fatigue, and other risk factors that may be present.
Finally, brake failure, tire problems, faulty maintenance, and other mechanical defects can cause accidents, no matter how safe and alert a driver may be. A Sandusky truck accident attorney could help a plaintiff determine whether a mechanical failure played a role in causing a crash, as well as who might be legally liable if it did.
Potential truck crash lawsuit defendants include truck drivers, truck owners, trucking companies, truck and/or component manufacturers, mechanics and others responsible for regular maintenance, and other negligent drivers. A truck accident lawyer in Sandusky could help determine who may be at fault, which could potentially bear significantly on the extent of recoverable relief.
Damages available could include:
Truck crash plaintiffs have two years from the date of their accident to file a lawsuit to recover compensation for personal injury or property damage. The action must be initiated before this two-year statute of limitations expires, as otherwise the court would very likely dismiss the case before any evaluation of the merits take place.
In addition, plaintiffs in Sandusky truck crash lawsuits found to be partially liable for their damages may have their damages diminished by the court in proportion to their fault, in accordance with Ohio Revised Code § 2315.33. Plaintiffs deemed to be more than 50 percent liable would be barred from any recovery.
If you or a family member suffered injury in a truck wreck, an attorney skilled in civil litigation could explain how the various applicable laws impact the facts of your case. They could also work on your behalf to identify possible defendants, set forth feasible causes of action, and assess the overall strength of a potential lawsuit. Speak with a knowledgeable Sandusky truck accident lawyer to learn more about the prospect of seeking monetary relief.
Charles E. Boyk Law Offices, LLC