Due to their size and weight, big rigs can be especially dangerous to other motorists on Ohio roadways when involved in accidents. Each year, big rig accidents caused by driver negligence devastate countless families in Dayton and other Ohio cities, causing untold physical, mental, and financial suffering.
According to research from the Ohio State Highway Patrol (OSHP), commercial motor vehicle accidents caused over 150 fatalities across the state in 2019. These accidents involved tanker trucks, semi-trucks, big rigs, and other various commercial vehicles.
Here at the Fitch Law Firm LLC, we understand the true cost of negligent big rig accidents. Whether you have to repair property damage from the accident, undergo extensive rehabilitation programs to treat your injuries, or both, a Dayton big rig accident lawyer can help you fight to recover damages for these losses. Accident victims should not be saddled with debt due to someone else’s negligence.
A representative at the Fitch Law Firm LLC can offer you a free consultation today so you can better understand the challenges you may face in your legal battle. Call (614) 545-3930 to get started.
Understanding Civil Action in Ohio
Ohio has unique laws to consider when a victim moves forward with any personal injury case. Most importantly, there is a two-year statute of limitations on this type of claim in the state, in accordance with Ohio Revised Code (ORC) §2305.10. This two-year limit starts on the day the accident occurred. If a victim fails to recognize this time limit and waits too long to file a lawsuit, their civil case may be dismissed by the court.
Once this legal statute is considered, a victim needs to understand what kinds of compensation for which they may be eligible. There are three general categories of damages that may be awarded in personal injury claims, including:
- Monetary losses
- Physical suffering
- Mental anguish
Assigning a value for financial hardships will be the easiest to document, as these damages can include factors like medical bills, lost wages, loss of head of household earnings, property damage, and other damages that may have a concrete paper trail.
However, when accounting for damages like mental anguish and physical suffering, these values may be more abstract. For example, there is no set award for an anxiety diagnosis or monetary standard for a strained relationship between a victim and their spouse after an accident.
Even so, if you choose to retain us at the Fitch Law Firm LLC, we can bring in industry experts to help assign a proper value to your suffering. This may include experts such as medical professionals and economists. This testimony can give the court a more definitive perspective on the adversity you face.
To learn more about potentially recoverable damages in civil cases, contact a team member at the Fitch Law Firm LLC today. We can set up your free consultation when you call (614) 545-3930.
For a free legal consultation with a big rig accident lawyer serving Dayton, call 614-545-3930
Contributing Factors in Big Rig Truck Accidents
According to a study by the Federal Motor Carrier Safety Administration (FMCSA), the major contributing factors that lead to large truck accidents are as follows:
- Issues with decision making, such as misjudging the speed needed to complete a turn: 38%
- Lack of recognition, including distracted driving or failure to adequately check blind spots: 28%
- Non-performance factors, such as falling asleep at the wheel, being incapacitated with illness, or otherwise being mentally impaired: 12%
- Vehicle malfunctions, such as a blown-out tire: 10%
- Performance mistakes, including errors like overcompensating after a sharp turn: 9%
- Outside environmental elements: 3%
Some of the top mitigating factors responsible for truck accidents included:
- Driving while tired
- Not being accustomed to the given roadway
- Brake failure (found to be an associated risk in 29% of cases)
- Failing to use mirrors
- Driving too fast for roadway conditions (contributing to 23% of cases)
- Drifting over into another lane
- Driver intoxication, including the use of prescription drugs or over-the-counter medications
Dayton Big Rig Accident Lawyer Near Me 614-545-3930
Potential Investigation Methods Used to Show Liability
Once an attorney knows the basic circumstances surrounding their client’s case, they can then begin a deep dive into what may have caused the accident. This includes reviewing basic information, such as the police reports from the accident scene, but may also entail more complex processes, such as making requests for cell phone records or calling upon third party forensic analysts to examine the evidence.
Other methods an attorney may use to determine liability include:
- Examining medical documentation of the victim’s injuries in relation to the alleged point of impact from the accident
- Utilizing photos taken from the accident scene
- Investigating work records related to the truck driver and their employer
- Cataloging any eyewitness statements
- Having vehicles examined for any relevant forensic evidence
Injury Lawyers Fighting for Big Rig Accident Victims
Here at the Fitch Law Firm LLC, we care about what happens to our clients because we know how much there is to lose from a serious accident, particularly one involving a big rig. No matter how large the trucking company is, we will stand by your side and use our legal knowledge to stand up for your rights.
A Dayton big rig accident lawyer will fight for fair compensation for you and your loved ones. This way, you can cover your current and future expenses caused by the collision and focus on healing.
For your free case review and consultation with a team member at the Fitch Law Firm LLC, call (614) 545-3930 today.