A frequently asked question in truck accident cases is: Who can be held responsible in a truck accident? The truck driver, trucking company, and truck owner are typically the primary at-fault parties in a truck accident case. Other liable parties may include the shipping company, the company responsible for the truck maintenance, the truck manufacturer, or the local government. Ohio follows a comparative negligence legal doctrine that allows you to receive compensation provided your liability is not more than 50%.
Truck accidents are often catastrophic, leaving victims with serious bodily injuries, emotional pain and suffering, and property damage. In fact, truck accidents killed over 200 people in Ohio in 2021.
Experienced truck accident lawyers can offer you reliable, personalized legal representation to ensure you receive fair compensation after a truck accident. You can find such lawyers at Young, Reverman & Bolotin. Call us at (513) 400-0000 to schedule a free case review.
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Primary at-Fault Parties for Truck Accidents
The primary at-fault parties after an accident include:
Truck Driver
A truck driver is often the first individual to be investigated when determining the actions that led to the accident. Most truck collisions occur because of the four types of negligence:
- Speeding
- Running traffic lights
- Distracted driving
- Failing to maintain a safe driving distance
Some crashes involving heavy commercial trucks occur because the driver violated industry rules and regulations, such as the recommended hours of service. Truck accidents where the driver falls asleep behind the wheel are common. Fatigued driving occurs when the driver operates the truck for over 11 or 12 hours without rest. The driver feels drowsy after many hours of driving and can lose control of the truck.
Trucking Company
A trucking company is responsible for recruiting a team of drivers to operate its fleet of trucks. It’s also responsible for laying down the safety guidelines and training the drivers to operate the trucks properly. The company may be held liable for an accident caused by the driver’s negligence. Trucking company liability may also arise if it’s determined that the company failed to dismiss a driver with a bad driving record or adequately train the drivers on maintaining safety on the road.
Truck Owner
Mechanical failure is one of the top causes of truck accidents in Ohio. The truck owner may be liable for such an accident. The owner has a legal obligation to have a mechanic inspect and maintain the truck regularly. This inspection and maintenance may involve troubleshooting the engine to ensure optimal performance, changing worn-out tires, and replacing faulty brakes. Truck accident liability may rest on the truck owner if the owner violates this duty.
Other Liable Parties in Truck Accidents
Besides the primary parties, other entities may also be responsible for causing a truck collision. They include:
Freight Owner or Hauling Company
Many companies operate on a contract basis, providing trucks to haul cargo for other organizations. Others may own, load, or haul the freight. The hauling company may miss a few steps when loading and securing the cargo. The cargo then vibrates, causing the truck to lose stability in transit. The hauling or loading company would be a liable party if an accident occurs because of that.
Truck or Part Manufacturer
A truck manufacturer may be at fault for causing an accident if investigations determine that a defective truck part caused the mechanical failure that resulted in the collision. Additionally, the manufacturer of a replacement part is a likely liable party if that defective product caused the accident.
Truck Repair Company
Some truck accidents occur due to mechanical failures caused by improperly installed replacement parts or repair procedures. The truck repair shop responsible for servicing the vehicle must adhere to industry procedures and the part manufacturer’s installation manual when fixing various auto issues. The truck repair company may be liable if an accident occurs due to a mechanical problem arising from an improper repair procedure.
Local Government
Local government agencies may be partially liable for truck accidents on the roads they are responsible for developing and maintaining. One example is an accident stemming from poorly designed or constructed roads, crumbling sections of the road, or potholes.
How Does Comparative Negligence Impact Liability?
Comparative negligence is a legal mechanism that determines liability and compensation. This legal mechanism applies in personal injury accidents with multiple at-fault parties.
Your truck accident claim may have multiple at-fault parties. The law requires all these parties to compensate you based on their level of liability. An upside to that is that the legal responsibility in truck accidents doesn’t fall on the trucker’s insurance alone. Compensation from other parties’ insurance providers also contributes to the total settlement. The downside is that the at-fault entities might engage in a back-and-forth blame game, causing the claim to take longer than necessary to settle.
Ohio’s “modified comparative negligence” law allows victims to receive compensation if they played a role in causing the accident that resulted in their injuries. This law factors the victim’s contribution to his or her injuries and reduces the compensatory amount by the level of the victim’s contribution. However, you can only recover damages if you contributed 50% or less in causing the accident.
You don’t receive any compensation if it’s determined that you were 51% or more liable. For example, if you are 20% responsible for the collision, the court will reduce your compensation by 20%. So, you will get 80% of the total amount.
Many people use pure and modified comparative negligence interchangeably. These legal doctrines are, however, different. So, what is pure comparative negligence? Pure comparative negligence is a law followed by several states, like Kentucky, which contradicts its modified version. Pure comparative negligence allows the victims to recover damages even if they contributed 51% or more to the crash. Therefore, a victim who is 90% at fault can still sue and recover 10% of the total settlement amount under pure comparative negligence.
Steps to Take After a Truck Accident
Getting involved in a truck accident leaves you in physical pain and counting losses. Accidents happen in a flash, and you can be confused about what to do immediately after the impact and the ensuing weeks or months. So, stay calm to avoid doing or saying things that may further worsen your health and hurt your chances of winning a truck accident claim or lawsuit. The right steps after a truck accident include:
Remaining at the Scene and Call 911
An accident scene can be chaotic. So, prioritize your safety. If you can move, find a safe place to park your vehicle to prevent additional accidents. If you can’t move, ask anyone at the scene to help you, call 911 and request emergency medical services.
Gathering Information About all the Involved Parties, Including the Truck Driver
Obtain information about all the individuals involved in the crash, including the truck driver. The information includes:
- Name, phone number, email, and driver’s license number.
- Company, physical location, and phone number
- Insurance provider and policy number
- The accident location and time
Documenting the Scene
Use your smartphone to document the accident scene. Take images and videos of the injuries you sustained. Additionally, document the wreckage and the full extent of property damage. Ensure your pictures cover any skid marks to show the truck’s path before the crash. Images of the accident scene are valuable to the case, as they portray the true display of the collision site.
Identifying Eyewitnesses
Find individuals who witnessed the accident, like pedestrians, other drivers, bystanders, or nearby businesses. Ensure you get their names, phone numbers, and other contact information for future use. Witnesses are crucial in accident injury claims, as they can corroborate your account of the event.
Contacting Your Insurance Provider
Call your insurance agent once you have collected the witnesses’ contact information and documented the accident scene. Doing that protects you from false claims from the liable truck driver or the trucking company. Your insurer may also cover some of your damages, such as medical expenses and car repairs, and seek reimbursement from the trucking company’s insurer.
The trucking company’s insurer may contact you. Be careful what you say, as insurance companies have a reputation for using claimants’ words to justify their decisions to lower settlement amounts or deny claims. Provide clear information, sticking to the facts and not opinions or thoughts.
It’s not uncommon for victims to tell insurers: “I might have caused an accident.” Even if you think you might have caused the accident, don’t admit it. In fact, leave all communications with the trucking company’s insurer to your truck accident lawyer.
Documenting Your Financial Costs
Truck accident victims usually suffer serious bodily harm. You’ll have to seek medical care services. Seeking treatment also means time out of work, which results in lost wages or income. Retrieve your bank statements, medical bills, pay stubs, and other relevant financial documents to verify how the accident affected your work and income.
When and Why You Should Hire a Truck Accident Lawyer
The primary motivation for filing a truck accident claim is to exercise your legal right to recover damages. Partnering with a legal professional is crucial as it marks the beginning of the legal process. Many accident victims delay seeking legal help, ultimately harming their chances of filing a strong claim.
A truck accident lawyer understands the law. The lawyer will handle the filing on your behalf, provide legal support and guidance, and fight for maximum compensation during settlement negotiations or trial. So, contact a truck accident lawyer as soon as possible to ensure you file your claim on time and get maximum compensation.
The law requires trucking companies and drivers to have large insurance liability coverage, considering the injuries and extent of damage they can cause. That said, there is usually a large financial compensation for truck accident victims. That makes trucking companies and insurers resort to unscrupulous ways to lowball the settlement amount or deny the claim entirely. Injury claimants sometimes settle for a fraction of their rightful compensation because they do not know what to say or do when dealing with an insurance company.
A car accident lawyer knows what to say and the type of evidence to present when negotiating with insurance companies. The lawyer will do everything in his or her power to find the strongest pieces of evidence to prove the trucking company liability. Your attorney will use legal tools, such as subpoenas and court orders, to compel the at-fault trucking company to:
- Provide access to the wrecked truck’s black box to analyze data that indicates how the driver was driving before the accident.
- Produce the driver’s employment records, driving qualifications, and driving history.
- Give the vehicle’s maintenance plans and records to determine the last date the truck was inspected and the necessary repairs done.
Armed with all that evidence in his or her legal arsenal, a lawyer can make it difficult for the trucking company or its insurer to reduce the compensation, let alone deny the claim. Since the lawyer knows how desperate an insurer can be to settle the claim out-of-court, the lawyer can even use that to demand a higher settlement.
You have the right to file a claim and get the compensation you need to stabilize your life again if your accident stemmed from someone else’s negligence, recklessness, or wrongful acts. The truck accident lawyers at Young, Reverman & Bolotin can help determine who will take legal responsibility for your truck accident in Ohio. Contact us today to arrange a free consultation.
