Many freight trucks pass through Columbus, OH, daily, with Franklin County being one of the busiest stops among truckers. Unfortunately, this high level of traffic means motorists in this area are at serious risk of getting into a big rig accident, which often results in devastating injuries and fatalities.
If you or a family member are victims of a semi-trailer accident, call a Columbus personal injury lawyer or fill out our online contact form to schedule a free case review. A Columbus big rig accident lawyer can help you receive the compensation you deserve after such an accident.
Ohio Laws That Apply to Truckers
To reduce the number of truck accidents, Ohio observes the regulations set by the Federal Motor Carrier Safety Administration (FMCSA), a Department of Transportation agency regulating truck and bus drivers and companies throughout the United States.
These trucking regulations include the maximum hours truckers can drive between break periods. Drivers are also forbidden to drink alcohol or do drugs before or while on duty. Moreover, truck employers have to conduct training, health, and drug tests on drivers to ensure that they are sober and fit to work.
Companies should also maintain and repair their trucks before each trip and keep a record of service. Not doing any of these is a violation of FMCSA rules and serves as further proof of negligence in an accident claim.
General Rules of the Road That Must Be Obeyed
Aside from trucking regulations, Ohio also has its own set of speed limits that all motorists should follow. Both truck and car drivers have to drive any posted speed limits they encounter. Speeding is a misdemeanor punishable by a fine, but additional infractions can lead to higher fines and possible jail time.
Reckless driving in Ohio is also a misdemeanor, with fines on the first violations and a possible jail sentence for repeated infractions. If it results in accidents with injuries or fatalities, it can become a felony with larger fines, lengthy jail time, and a driver’s license suspension.
Your Columbus big rig accident lawyer can go over the charges and possible penalties the at-fault driver could be facing during your consultation. We can send a big rig accident attorney with in-depth knowledge of Ohio’s laws to assist you with your claim. For further inquiries and a free case review, you can contact the office by phone or through our online contact form.
Potentially Liable Parties in Big Rig Accidents
In a big rig or any truck accident, the driver might not be the only one at fault. Although they may have driven recklessly, their company might also not have repaired a faulty part or did not provide enough training for their employees. Do keep in mind that the employer’s insurance provider might step in and defend them.
One common tactic of theirs is to pass the blame to another party, such as the rig’s parts manufacturer. However, a big rig accident lawyer in Columbus can help investigate whose exact fault it is. Once you determine who to hold liable, you can sue them for damages such as medical and therapy expenses, lost income, and your pain and suffering.
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Time Limits for Filing Trucking Accident Cases
A statute of limitations is a legal deadline. Under Ohio Revised Statute § 2305.10, the state’s statute of limitations generally gives you two years from the date of the event or the victim’s death to file a lawsuit to pursue damages in a trial. Once you miss this deadline, the civil court will likely dismiss your claims.
Like other states, Ohio also makes some exceptions depending on the circumstances that could either lengthen or shorten your deadline. One of these exceptions, per Ohio Revised Statute § 2305.16, is if the victim is still a minor. The statute timer will only start counting down when the victim turns 18 years old.
A Columbus big rig accident attorney has already studied Ohio’s filing deadlines and can determine when your final submission date is. They can also help you compile and review the documents you need to present your case on time.
Damages You Can Recover After a Big Rig Accident
If you were injured in a big rig accident, there are a variety of damages you will likely be eligible to pursue. A Columbus truck accident lawyer can help you sort through your losses and determine what damages apply to your case. All compensatory damages are split between economic and non-economic damages.
Economic Damages
Economic damages cover the losses you incurred that had a direct impact on your finances. Common economic damages include:
- Both current and future medical expenses
- Lost wages
- Damage to your earning potential
- Property damage
- Home or vehicle modifications need to accommodate a disability
Non-Economic Damages
Non-economic damages cover the losses resulting from your accident that did not directly impact your finances. Common non-economic damages include:
- Loss of consortium
- Loss of companionship
- Mental anguish
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Diminished quality of life
In cases involving criminal negligence or the intent to cause harm, you may also be able to recover punitive damages.
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Be Wary of Insurance Companies
Despite the fact that insurance companies are supposed to protect people when the worst happens, these companies are far more concerned with protecting their profit margins. If you were injured in a big rig accident, you can expect the insurance company to use a variety of tactics in an attempt to deny or devalue your claim.
The best way to protect yourself against these tricks is by hiring an experienced big rig truck accident attorney in Columbus shortly after your crash. By hiring an attorney, you will force the insurance adjuster to deal with them, preventing them from employing the tactics they would use if dealing directly with you.
What Should You Do After a Big Rig Truck Accident in Columbus, Ohio?
- Make Safety Your Priority
Your health and wellbeing should always come first after any motor vehicle accident, not just those with big rig trucks. Dial 911 and get emergency services to the scene as soon as you’re able to. Even if you think you’re alright, allow a medical professional to check you over, as some injuries can become apparent later or worsen with time.
- Document the scene
If you’re able to, try to gather as much information about the accident as you can. Take photos, gather contacts of witnesses, and write down your recollection of the collision.
Take photos of:
- Vehicle damage
- Debris and skidmarks on the road from the accident
- Injuries obtained from the crash
Take notes on:
- Approximate vehicle speeds
- Traffic flow
- Wrongful actions the big rig driver may have taken
If there are traffic cameras on the road where your accident occurred, then the Ohio Department of Transportation may have camera footage of what occurred, but they often only keep 72-hours worth of footage (ODOT). It’s also not guaranteed that they have any footage of the place where your big rig accident occurred, so it’s always best to gather as much information as you can on your own.
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Exchange Information
Get the names and contact information of any other drivers who witnessed the accident and who are willing to give their report of events.
Also make sure to exchange information with the big rig driver such as their name, their license plate, insurance details, and their contact information. Then ensure that you’ve shared your own information in return. An officer can help facilitate this process once they arrive on scene.
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Get a copy of the police report
When an officer from the Columbus Division of Police arrives, politely ask them for their badge number, the police report number, and a copy of the report for your own records.
The Ohio State Highway Patrol also maintains records of crash reports that you can request if you’re able to immediately gather these details.
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Do not admit fault
Be honest and cooperative when speaking with law enforcement and your insurer, but avoid admitting fault or voicing speculations about what occurred. Big rig truck accidents may be caused by a variety of reasons such as:
- Driver fatigue
- Overloaded cargo
- Speeding
- Maintenance failures
Don’t make conjectures and stick to objective facts, as mistakenly taking on unwarranted blame for the accident can negatively impact your ability to recover damages. A big rig truck accident attorney can help you determine who is at fault and if any FMCSA violations occurred that may have caused your accident.
Dangers of Driving Big Rigs
Semi-trucks, or big rigs, are typically more dangerous on the road than regular cars for several reasons. For one, their bigger size and heavier weight amplify the force of impact upon collision. They also carry containers as long as 53 ft., which creates huge big blind spots. Too often, vehicles that fall into the blind spot get sideswiped because the trucker cannot see them.
Big rigs are also harder to bring to a complete stop because their weight requires more braking distance. The cargo they carry can even fall off and hit other vehicles. Big rigs can cause even more road destruction if operated by negligent or outright reckless truckers.
Medical and Legal Resources for Big Rig Accident Victims in Columbus
Big rig trucking accidents can cause devastating injuries that can require extensive treatment and long-term rehabilitation. In Columbus, we have a myriad of medical centers who are committed to helping community members like you achieve recovery, including:
- The Ohio State University Wexner Medical Center
- OhioHealth Grant Medical Center
- Mount Carmel Health System
But it can be overwhelming to face the mounting medical bills that accompany longer term treatments. At the Fitch Law Firm, our legal team can help big rig truck accident victims recover damages to alleviate the financial burden that comes with treatment. You can depend on us to handle your legal needs so that you can focus on your wellbeing.
We Help You Pursue Justice
Any vehicular accident, especially one that involves trucks, is no simple ordeal from which to recover. The Fitch Law Firm understands and sympathizes with your struggle, which is why we are here to help you and your loved ones recover from the damage. Our Columbus big rig accident lawyer is ready to help file your lawsuit and provide further counsel if needed.
For 30 years, we have handled personal injury, vehicular accidents, malpractice, and other civil lawsuits for clients throughout Ohio. Call our team or complete our online contact form if you want to discuss your situation with us. You can also request a free case consultation on this website.