Guidelines for Truck Accident Claims
If you’ve been injured in a truck accident, you could have grounds to file legal claims against several different parties who may be to blame for what happened. These cases are complex, though, and it helps to understand the ins and outs ahead of time.
Steps to Take Immediately After a Truck Accident
Taking prompt action after getting into a truck accident in Akron can help you protect your legal options and position yourself to seek financial compensation for your truck accident injuries and property damage. Steps you should take after a truck crash include:
- Report the accident to the police and obtain a copy of the police crash report written by the officer who responds to the accident scene.
- Seek prompt medical attention to identify injuries you sustained in the crash and begin treatment/rehabilitation.
- Obtain copies of your medical expenses of your treatment and rehabilitation.
- Follow your doctor’s treatment plan/recovery instructions. Do not defer or ignore your treatment.
- Keep copies of all bills, invoices, or receipts for expenses you incur to treat your injuries and repair your vehicle.
- Gather your pay stubs/income statements to calculate lost earnings from missed work.
- Report the crash to your auto insurance provider and review your car insurance policy.
Finally, contact an experienced truck accident attorney as soon as possible to discuss your legal options for pursuing financial recovery for your injuries and losses.
Who Can Be Held Liable in a Truck Accident Case?
Various individuals and companies work in the trucking industry. Any of these parties may bear responsibility for a truck accident or the injuries and losses you suffer due to a crash. Examples of parties whom you might hold liable in a truck accident case include:
- The truck driver
- The trucking company that employed or retained the truck driver
- The truck’s owner (if not the trucking company or truck driver)
- The shipping company that loaded the truck or trailer
- The truck’s mechanics
- The truck/trailer manufacturer
- A manufacturer of an auto part on the truck/trailer that failed
How to File a Truck Accident Claim in Ohio
Filing a truck accident claim in Ohio begins with a thorough investigation of the crash to recover critical evidence such as police accident reports, accident scene photos, surveillance footage, and trucking company records. You may file a truck accident claim by sending a demand letter to the trucking company or its insurer to detail the facts of your claim and request compensation to settle the case. However, if the trucking company or insurer declines to settle, you may have to file a truck accident lawsuit.
Under Ohio’s statute of limitations, you typically have two years to file a truck accident lawsuit. However, waiting to start your truck accident claim risks letting the limitations period expire before you file your lawsuit. If you file a lawsuit after the end of the limitations period, you may lose your right to seek financial recovery for your harm and loss. An attorney can help you meet the deadlines and file the correct paperwork on your behalf.
Maximizing Your Truck Accident Compensation
When you suffer injuries and property damage in a truck crash, you may have a legal claim against various parties. Your truck accident compensation can include money for your:
- Medical treatment and rehabilitation expenses
- Costs of long-term disability care, such as home health services, home renovations, or purchases of disability accommodations
- Lost wages/income from missed work
- Lost future earning capacity caused by prolonged or permanent disabilities that affect your ability to work
- Physical pain from injuries and medical treatment
- Emotional trauma and distress
- Lost quality of life due to physical disabilities or significant scarring/disfigurement that interferes with your daily living
Maximizing your truck accident compensation begins with working with an experienced truck accident lawyer who can thoroughly investigate your case and obtain the evidence needed to identify liable parties and hold them responsible.
Frequently Asked Questions About Truck Accident Claims
Here are the answers to some of the most frequently asked questions about truck accident claims.
1. How long does a truck accident case take?
Although no one can predict how long your truck accident claim will last, various factors can influence the timeline and duration of your case, such as:
- The nature and severity of your injuries
- The duration of your medical recovery
- The number of parties involved in the case
- The complexity of the evidence
- Whether you share any responsibility for the accident
- The strength of your legal case
- The ability to negotiate a settlement with the trucking company or insurance companies
- Whether you need to file a lawsuit to pursue your truck accident claim
- The trial court’s schedule and availability
Some truck accident claims settle in a few months, whereas other claims take a year or more to reach trial.
2. Can I still file a claim if I was partially at fault?
Under Ohio’s comparative negligence law, you may still have the right to file a truck accident claim even though you share some responsibility for causing the crash. Under the law, you can still pursue a claim if you have a share of fault less than or equal to the fault or combined fault of the other party or parties responsible for the crash. However, under the comparative negligence system, any share of fault you bear for the truck accident can proportionately reduce your financial recovery in your truck accident claim.
3. How much does it cost to hire a truck accident attorney?
Most truck accident attorneys work on a contingency fee basis. Under this arrangement, a truck accident victim pays nothing upfront to hire the truck accident lawyer for their case. The lawyer gets paid a fee only if they successfully recover compensation for their client, receiving a percentage of the total recovery obtained for the client. Thus, a truck accident victim has no financial risk in hiring a truck accident attorney, and their attorney has the same financial incentive as them in their case.
4. Will my claim go to trial, or will it settle?
Most truck accident cases end in settlements. However, your case may need to go to trial in various circumstances, such as:
- The truck driver or trucking company denies liability for the crash
- The opposing party/parties argue that you share some fault for the accident
- The opposing party/parties dispute your serious injuries or claimed losses
- Multiple at-fault parties dispute their respective shares of liability for the crash
Contact Our Akron Truck Accident Attorneys to Learn More
Contact Amourgis & Associates, Attorneys at Law, today for a free, no-obligation consultation with our Akron truck accident lawyers. We’re ready to discuss your options for seeking compensation and justice in a commercial truck accident case.
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At Amourgis & Associates, Attorneys at Law, we only represent consumers. We fight for regular people who have been seriously hurt in accidents. We fight for people who are being crushed by overwhelming debt and need a fresh start. We fight for individuals and families. Never businesses. Never insurance companies. We are loyal to the consumer.
