Toledo Truck Accident Lawyer

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 Toledo motor vehicle accident 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 lawyers now to start your case.

What to do after a Toledo truck accident

In the aftermath of a Toledo 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 Toledo 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.

Examples of Our Toledo Truck Accident Settlements

Settlement Example 1

A case handled by our Toledo, Ohio trucking accident attorney that had initially been dismissed in Wood County Court of Common Pleas was reversed. The reinstated trial took place on September 30, 2008. The verdict? $1.25 million, awarded to the plaintiff.

Sean McMahon, a client of our Toledo, Ohio trucking accident attorneys, and an over-the-road trucker was parked late at night at the Stony Ridge truck stop in Wood County. He left his truck and observed a fight between one truck driver in the parking lot and another truck driver who was in his tractor-trailer. The truck driver behind the wheel, Raymond Blake, lunged his truck forward and knocked the other trucker to the ground. Our client noticed that the downed trucker was in the path of the trailer and managed to push him to safety. Unfortunately, at the same time, the trailer ran over Mr. McMahon’s lower right leg. The trucking accident ultimately caused his leg amputation.

The case was reinstated after it was initially dismissed, which gave our client another chance at obtaining the compensation he was entitled to, after suffering personal injury in the trucking accident.

On September 30, 2008, the jury found that Raymond Blake, the driver behind the wheel of the tractor trailer, caused the injuries that Mr. McMahon sustained. The jury also found that Mr. Blake was acting under the scope of his employment, therefore making Blake’s employer Continental Express also liable for the loss of McMahon’s leg along with other injuries.

The jury awarded the trucking accident victim Sean McMahon $1.25 million, to be paid by Continental Express.

Settlement Example 2

Years ago, Tony Reino came to Boyk Law looking for help. On August 3, 2018, Tony was traveling southbound on Interstate 280 in stop-and-go traffic when he and seven other vehicles were rear-ended by a commercial tractor-trailer. Three people lost their lives in the tragic event. Tony was severely injured in the crash and experiences lasting trauma to this day.

This was a complex case, requiring many hours of research and dogged pursuit of those responsible. We advocated for Tony, helped him find the right medical treatment, and held those responsible accountable, even during the COVID-19 pandemic.

Tony said after he and the other vehicles stopped for traffic, he looked in one of his mirrors and saw the truck coming at him at high speed. The impact sent Tony’s car flying off into the median. When EMS arrived on the scene of the accident, Tony had to be extracted from the vehicle from the passenger side rear door due to damage to the driver’s side. In addition to serious injuries to his head, Tony also suffered severe injuries to his right leg, requiring surgery, physical therapy, pain management, and more.

Tony faces lifelong chronic pain and swelling in his right leg which will alter his daily activities for the rest of his life. We ultimately settled Tony’s case for over $200,000. Our Toledo truck accident lawyers consider it a privilege to represent Tony and help him recover the compensation he deserves, not only for the injuries he suffered in that crash but also for the effects this incident will have on the rest of his life.

Settlement Example 3

Over three years later, in 2021, Tony’s daughter Constance was in a multi-vehicle accident on Route 6 in icy conditions. Witnesses described black ice on a bridge causing a car to slide off the roadway, strike a concrete barrier, and then return and cross the roadway and collide with a tractor-trailer. From there a chain of accidents caused a second semi to strike our client’s car and drive her into a parapet wall.

As a result of being struck by the semi-truck, Constance had to seek medical treatment. We were able to secure a settlement for her to cover her medical bills and make her whole.

Settlement Example 4

In 2020, our client was a passenger in a vehicle that was traveling through a four-way intersection in Henry County, Ohio. At the same time, a semi-truck approached this intersection, stopped at the posted stop sign, but then continued into the intersection when our client’s vehicle had the right-of-way. The semi-truck driver’s failure to yield resulted in our client’s vehicle colliding head-on with the front passenger side of the semi-truck. The Henry County Sheriff’s Department responded to the scene and cited the at-fault party for failure to yield the right-of-way.

Our client was transported from the scene via ambulance to a nearby hospital for her injuries. She had complaints of chest, pelvic, face, left ankle pain, and the paramedics described an “obvious deformity to her left ankle.” Our client was diagnosed with an extensive list of injuries including complex regional pain syndrome (CPRS), fracture of her left foot, post-traumatic migraine headaches, mild traumatic brain injury, insomnia, as well as other significant injuries. Our client has sought treatment for several years, and her doctors have noted that the client’s CPRS will continue to cause her difficulty with daily activities. CPRS can last a lifetime and will require consistent follow up treatment even if the client is someday able to go into remission.

The client contacted our office to help guide her through her legal recovery action. After taking depositions and unsuccessful mediation, Attorney Charles Boyk and his litigation team were ultimately able to secure a $225,000 settlement for our client prior to the case proceeding to trial.

Settlement Example 5

Our client was a passenger in a vehicle that was traveling southwest bound on I-75. At the same time, a semi-trailer truck, ahead of the vehicle our client was in, sustained a fuel leak that lasted several miles. As a result of this leak, multiple vehicles lost control and were sliding as they were traveling on I-75. One vehicle slid through the spilled diesel fuel and ran into the vehicle that our client was in.

The Ohio State Highway Patrol responded to the scene and cited the semi driver for operating an unsafe vehicle. A few days after the accident, the client was still experiencing great pain in his back, hip, and jaw. After seeking medical attention, he was ultimately diagnosed with numerous injuries including several bulging discs throughout the lumbar region in his back. Our client’s injuries required many follow-up appointments, different forms of physical therapy, multiple sessions of steroid injections for his pain, and two radiofrequency ablation procedures.

When our client was looking for legal assistance, he contacted our office for guidance. Charles Boyk and his team filed suit on behalf of our client and his wife for the client’s injuries and loss of spousal consortium. After a few months of litigation, the case was settled during mediation where our office was able to obtain a settlement of $105,000 for our client.

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.

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My experience with Boyk law couldn’t have been any better. They took care of me and handled everything. Communication was great they were anlways clear and concise. They are good people and I highly recommend them!

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