Charles E. Boyk Law Offices, LLC
The main causes of truck accidents are speeding, drunk driving, driver fatigue, following too close, or running a stop sign. Drivers of 18-wheelers also have blind spots and are not always able to see the cars around them. Whatever the reason for the wreck, an accomplished lawyer is capable of assigning negligence in Toledo truck accidents.
A seasoned truck wreck attorney could help you understand what your legal rights are and will know how to maximize your recovery. If you have been in a truck accident, contact a dedicated lawyer today to get started on your claim.
Due to the size and weight of trucks, they can cause devastating injuries when they are involved in an accident. When someone is in a truck collision, it is important that they seek medical treatment as soon as possible. The most common injuries sustained in truck accidents include:
When determining negligence in Toledo truck accidents it is important to gather as much evidence as possible. There are videos that could be attained to show how the wreck occurred. There are also some trucks that have black boxes in them that can help prove the cause of the accident. A person can preserve evidence by taking pictures of the scene and getting witness statements. A dedicated lawyer could help an injured person collect and preserve evidence.
Ohio is a comparative negligence state. This means that in order to make a claim under Ohio law, a person has to show that the other party was more than 50 percent negligent. If the other person was 100 percent negligent, then the plaintiff would be able to collect 100 percent of the value of the claim. And if the defendant was 60 percent at fault, then the plaintiff would then collect 60 percent of the value of the claim. However, if the plaintiff is more than 50 percent at fault for the accident, then they are barred from recovery.
If it was a three-car accident and the plaintiff is zero percent at fault, it is possible that the other two drivers could be held responsible for the accident. For instance, one party could be held 60 percent at fault and the other party could be 40 percent at fault for the wreck. Determining comparative negligence depends on the unique facts and circumstances surrounding the accident. This is why it is essential to obtain a knowledgeable lawyer who is well-versed in determining negligence in Toledo truck accidents.
Some of the most common examples for a truck driver being at fault is speeding, being under the influence of drugs or alcohol, driving without a valid license, or driver fatigue. If a semi-truck driver drives their rig in interstate commerce (meaning they travel in more than one state), they are subject to the federal regulations for truck drivers. These include driving for a certain number of hours in a 24-hour period and restrictions that they get adequate sleep. If a truck driver violated regulations, then they could be held liable for the accident.
Following an accident, it is vital that you call an attorney as soon as possible. An attorney could help you collect evidence for your claim and ensure that you are able to get the medical treatment that you deserve. A seasoned lawyer could stand by your side throughout the legal process while keeping your best interests in mind. Speak with an attorney who is knowledgeable about determining negligence in Toledo truck accidents today to see how they could help you.