The at-fault driver should pay for the medical bills in a truck accident. If the truck driver’s negligence caused your injuries, that driver’s insurance policy should pay your bills. However, generally they will do so only at the end of the case.
Understand that it may take a while to settle the claim. The truck driver’s insurer could dispute facts or the severity of your injuries. You and your truck accident attorney will need to collect evidence to prove your losses.
Passengers and Drivers Receive the Same Treatment When Seeking Compensation in a Truck Accident
Whether you were the driver or the passenger when the truck hit your vehicle, the truck driver’s insurance should pay for your medical expenses. As long as the truck driver caused at least 51% of the crash, you could collect damages for your accident-related damages.
If you were a passenger in the accident, you could have the right to bring your own claim against the negligent truck driver.
Why Is the Truck Driver’s Insurer Saying I Am Partially at Fault for the Crash?
The trucker is not always solely at fault for your crash. The facts in the case will show whether the trucker is at fault, you are at fault, or both drivers are partially at fault. Even if you have severe injuries and the trucker has few (or no) injuries, this does not mean the truck driver is automatically at fault.
The insurer could argue that you are at fault or do not deserve damages. Our team’s experience can help you. We work with accident victims to help them prove they were not the at-fault party in the collision.
How Do I Know What Percentage of Fault the Truck Driver Is Responsible For?
Your attorney can help explain the truck driver’s percentage of fault. We will study police reports, interview witnesses, look at videos, and take other actions to determine the facts in the case.
We can then negotiate with the truck driver’s insurance company to determine the percentage at which the trucker is at fault. Our ultimate goal is to convince the truck driver’s insurer to accept 100% of the fault, so they compensate fairly.
Understanding Comparative Negligence in Ohio
As presented by the Ohio Department of Insurance, Ohio is a comparative negligence state. And as we stated above, this factor could affect your financial award.
- When the truck driver is 100% at fault for the crash, you should receive a fair settlement.
- When the truck driver is 49% or less at fault for the accident, and you are 51% or more at fault, you cannot recover any damages.
- When the truck driver is 51% or more at fault, and you are 49% or less at fault, you could recover a percentage of your medical bills equal to the truck driver’s percentage of fault.
- When both you and the truck driver are exactly 50% at fault, you can recover 50% of your medical bills from the trucker’s insurance company.
Determining who pays your medical bills when you end up in an accident with a truck is not always clear. A personal injury attorney can represent your interests in this case and help you work toward receiving a fair settlement. Even if you were not wearing your seatbelt at the time of the accident, you could still recover compensation.
You Must Meet All Filing Deadlines When Filing a Lawsuit Against a Negligent Party
Generally speaking, if you do not meet the statute of limitations in Ohio for filing a lawsuit against the negligent driver, you will lose your opportunity to seek payment for your medical bills.
Ohio Revised Code Section 2305.10 generally gives victims up to two years to file a personal injury lawsuit after this type of accident. Some exceptions do exist, however, as this statute can be complex. Your attorney can explain how the statute of limitations affects your motor vehicle accident case when you reach out to our firm.
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The Kinds of Damages You Could Recover in a Truck Accident Case
Your compensatory damages will depend on the losses you suffered in the truck accident. These could include:
- Medical expenses: This includes medical treatment costs, bills from medical providers, physical therapy, co-pays when you visit your primary care physician, medical devices, and emergency room visits.
- Pain and suffering: This damage accounts for the physical pain and suffering you experienced because of the at-fault party’s negligent actions.
- Lost income: If you needed to spend time away from work because of your accident injuries, you can recover the income you lost.
- Reduced earning capacity: Some truck accident victims cannot return to the same job they once had. Our team can help you pursue compensation from the at-fault party to make up for your reduced capacity to make money.
- Loss of enjoyment of life: When your accident injuries prevent you from participating in activities you once enjoyed, you could recover compensation for this intangible loss.
- Mental anguish: Some accident victims suffer from depression or anxiety after a crash. You could seek compensation for your mental suffering.
- Property damages: If your vehicle was damaged or totaled in the accident, you could recover compensation for the repair or replacement of your car.
You can also recover compensation for medical bills and other expenses through a wrongful death action if you lost a loved one.
What To Do After a Truck Accident
After your truck accident, we recommend:
- Visiting a doctor right away, as we will need proof of your medical care to help you pursue compensation.
- You avoid speaking to insurance claims adjusters, as they could use anything you say out of context. They could try to undervalue your case.
- Taking note of how the accident happened. If the accident occurred because of drunk driving, distracted driving, or reckless driving, this information could be useful to your case.
- Contacting a personal injury lawyer from our firm. Once you reach out to us, we can answer any questions you have about your truck accident medical expenses.
Our Team Will Pursue a Fair Settlement for You and Your Family
At The Fitch Law Firm LLC, we know the devastating impact a truck accident can have on a victim’s life. Such accidents are extremely serious. You should not have to pay for losses that another person’s negligence caused.
Contact our team today by phone for a free consultation. You are under no obligation to hire us after the consultation. You pay nothing unless and until you recover compensation for your losses.
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