In truck accident cases, you may be able to sue a truck driver, a trucking company owner or operator, or a vehicle service or maintenance employee, depending on whose actions led to the accident in question. You may have the right to seek compensation from an at-fault party if they caused you to sustain injuries and other damages in an accident. To do this, you must prove that the opposing party acted negligently, which caused an accident and damages in the process.
If your case involves a truck accident, there might be multiple liable parties. Knowing who you can sue in a truck accident is a crucial aspect of pursuing compensation, as you might be able to seek compensation from each liable party. Our truck accident lawyers can help you file an insurance claim or lawsuit after a collision.
You Must Be Able To Prove How Someone Else’s Negligence Led to Your Damages
The term “damages” refers to the losses you suffer in an accident. Damages can include medical treatment expenses, lost income, vehicle repair costs, pain and suffering, burial expenses, and any other form of physical, mental, or financial loss you experience as a result of your accident.
You may be able to pursue compensation for your damages after an accident, but you must do so within the definitions in the Ohio Revised Code Section 2315.18.
You must also be able to prove the following:
- That the responsible party owed you a duty of care
- They breached that duty in some way
- Their breach of duty caused an accident
- That you sustained damages in the truck crash
These arguments shape the four elements of negligence. If you can prove these statements are true, you may be able to receive compensation from the party or parties at fault for the accident.
The truck driver, the company that owns the truck, the truck manufacturer, or a third-party driver could be liable for your truck accident. Some of these parties may even share liability, meaning we could sue more than one party.
Negligence and Liability in Truck Accident Cases
Anyone operating a vehicle on the road owes other road users a duty of care, which is to follow traffic laws and drive safely.
Truck drivers must have the requisite training, experience, and licensing to operate a truck, and they must follow safe driving laws at all times. They must regularly maintain their vehicles to ensure that they are roadworthy and do not pose a hazard. They must also properly load and secure cargo to prevent mishaps from occurring.
Trucking companies must screen their drivers, provide them with the training they need, and make sure all drivers follow safe driving laws, such as following the hours of service regulations set by the Federal Motor Carrier Safety Administration (FMCSA).
Construction and service teams must thoroughly inspect their vehicles to make sure that they are in proper working order before the driver takes the vehicle out on the road. A vehicle or product manufacturer can be sued in a truck accident if you can show that a defective product caused or contributed to the accident. In truck accidents, a defective product might be a vehicle part or vehicle safety device that broke down despite being used properly.
Our Team Can Help You Calculate Your Damages After a Truck Crash
Filing a truck accident claim takes more than just knowing who you can sue in a truck accident. You must also assign a value to your damages and incorporate that value into your demand letter. Our truck accident attorney may help you calculate economic and non-economic damages to reach this value.
Economic damages may include lost income, medical expenses, and vehicle damage. These types of damages are easier to quantify because they are financial losses, so you may refer to income or salary slips, medical treatment invoices, and vehicle repair bills to calculate their total.
However, non-economic damages may be harder to calculate, as they are associated with your intangible losses like pain and suffering, physical disability, and emotional trauma. You may need other forms of evidence to prove these claims, such as psychological analysis, photos of your injuries and recovery process, and testimonies from friends and family members.
You Have a Limited Amount of Time To Sue After a Semi Truck Crash
In Ohio, you generally have two years to file a personal injury lawsuit, per Ohio Revised Code Section 2305.10.
If you want to hold the negligent party accountable for their actions, we recommend getting started on your case right away. There are sometimes exceptions that make the amount of time you have to file even shorter. If you do not file on time, you could miss your opportunity to pursue a fair settlement.
When you work with The Fitch Law Firm LLC, our personal injury attorney can help make sure you sue the liable party on time.
How Do Commercial Truck Accidents Happen?
Truck accident victims may suffer catastrophic injuries in the event of an accident. Our attorneys can help you determine how your accident occurred. Some truck accidents are caused by:
- Distracted driving
- Drunk driving
- Improper commercial vehicle maintenance
- Overloaded trucks
- Truck driver negligence, such as aggressive driving, drowsy driving, or reckless driving
- Inadequate training for drivers
- Failing to check blind spots
These examples of negligence could give you a reason to sue one or multiple parties. The compensation you seek could help relieve the financial burden the accident caused you.
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Contact The Fitch Law Firm LLC today. Our team can help you gather evidence, calculate your losses, and pursue compensation. Call us to speak with a team member about who you might be able to sue in a truck accident and learn how we can help your case move forward.
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