THE COMPLEXITIES OF TRUCK ACCIDENT CASES


Truck accident victims in Ohio should be aware that preparing a case against the other side can be a complicated matter: more complicated, in fact, than building up a car accident case. There are several reasons for this. Trucks are large, take longer to brake to a complete stop and thus collide with greater force. The catastrophic injuries and fatalities that are so frequently the outcome of truck accidents make a case more complex.

Then there is the problem of determining ownership and, with it, liability. If the defendant was driving a truck owned by a company, then the plaintiff can file a claim against the company. But many truckers own and operate their own vehicles. If the truck’s cargo contributes to an accident, then the plaintiff may need to involve those who loaded it.

The trucking company will present another hurdle in its effort to deny payment. The company’s insurance provider will also join the proceedings. Specialized knowledge will be necessary, too, especially knowledge of federal trucking regulations. The case will also have to take into account the trucker’s black box data.

How victims act immediately after the accident can impact a case in the long run. Victims should try to remain calm, write down what happened and take photographs. They should also file a police report.

Before filing a claim, it may be a good idea to have a lawyer evaluate it. Truck accidents can sometimes be the fault of passenger vehicle drivers, but in this state, victims may file a claim even if they are partially to blame. The lawyer, with the help of third parties, may determine how much victims are eligible for. Damages could include medical expenses, lost wages and physical or emotional suffering. The lawyer may handle negotiations and, if necessary, litigation.

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