Collisions between passenger cars and commercial trucks can result in severe injuries for the people in the smaller cars. With commercial trucks outweighing all other vehicles by many tons, the forces exerted on people can be tremendous. Despite the obvious dangers, many truckers overload their trailers, drive while fatigued, or do not properly use their safety equipment. An experienced personal injury attorney can represent your claim for negligence after the harm you have suffered.
A Tiffin truck accident lawyer can speak on your behalf to represent your pursuit of recovery. Drivers of commercial trucks are required to obtain special operators’ licenses. Despite this, their obligation to drive in a safe and responsible manner is identical to all other motorists. The most common means by which injured motorists attempt to recover compensation after a truck accident is through the tort known as negligence.
Ohio Truck Accident Laws
Tiffin truck accident lawyers represent potential clients who have been injured in collisions with commercial vehicles to obtain the fair compensation that they deserve for their injuries. Negligence is when a person has a legal responsibility to protect another person. If that responsibility is broken and a protected party is injured, the person with the responsibility is legally liable for any damages.
Specifically, a plaintiff must be able to show that:
- The at-fault party had a duty to protect the plaintiff. This is automatic in a truck accident case since all drivers of all vehicles assume a duty to protect all other motorists, passengers, and pedestrians
- The duty to protect was broken. Known as a breach, this is an action taken by the person with the duty that causes the protected person to come to harm. Examples here include speeding, ignoring a stop sign, or overloading a trailer
- The plaintiff must show that the breach of the duty of care caused the injury. Defendants may attempt to argue that any injury was pre-existing
- The injuries suffered must have been foreseeable from the facts of the accident. This is rarely in dispute since even low-speed collisions with commercial trucks can result in severe injury or death
- The plaintiff must suffer actual physical harm. Any other damages, such as lost wages or mental anguish can certainly be claimed but must be rooted in a physical injury
Considering Liability in a Truck Accident Case
It may be critical to speak with a Tiffin truck accident lawyer within the statute of limitations. This is a law that places a time limit on when a plaintiff may initiate a lawsuit. For any negligence claim in Ohio, Ohio Statute 2305.10 gives plaintiffs only two years from the date of the accident to start a case.
Keep in mind that if a trucker is at fault in an accident, their company may be liable as well. If a plaintiff can show that the trucker was an employee of a company at the time of the accident and that the trucker was actively performing their job when the accident occurred, the company may be named as a co-defendant.
Contacting an Attorney
If you have been injured in an accident involving a commercial truck, contact a Tiffin truck accident lawyer who understands the nuances of truck accident law and how to prove that the trucker was at-fault for the accident. If it is appropriate, the trucker’s company may be named as a co-defendant in an attempt to place the responsibility where it belongs.
Insurance companies in truck accident cases like to minimize a plaintiff’s injuries or even try to convince the plaintiff that the accident was their fault. An attorney can deal with the insurance companies and fight for the fair compensation that you deserve.