How you deal with the trucking company after a truck accident can affect the outcome of your case. If you were in a commercial vehicle collision in Ohio, you may have to interact with a trucking company, their insurer, and other parties who are legally liable for your accident and injuries.
Knowing what to do when you have to file a truck accident claim can help you get justice and recover fair compensation based on the facts of your case. If you have questions or concerns or are fighting for a payout for significant injuries, a truck accident attorney with our firm can help.
The Trucking Company May Owe You Compensation After a Truck Accident
You may wonder why you have to deal with a trucking company if a negligent driver caused your crash. However, under the legal doctrine “respondeat superior,” employers can be held responsible for the negligent actions of their workers. This includes trucking companies that are vicariously liable for accidents caused by their drivers.
Trucking companies may also be liable in their own right if they failed to train or vet their drivers, maintain their fleet of vehicles, or engaged in other negligent actions that led to your collision. Furthermore, in some truck accident cases, vehicle manufacturers, shipping companies, roadways owners, and third-party motorists may bear responsibility. Causes of commercial vehicle accidents include:
- Drunk driving
- Distracted driving
- Fatigued driving
- Violation of Federal Motor Carrier Safety Administration (FMCSA) regulations
- Speeding
- Engine problems, defective tires and brakes, and other vehicle issues
- Lack of truck safety equipment, such as mirrors and underride guards
- Faulty or improperly connected tractor-trailer hitches
- Overloaded or improperly secured cargo
- Poorly maintained or inadequately lit roadways
- Negligent snow or ice removal
- Broken traffic lights or obstructed road signs
Damages You Could Recover After a Truck Accident
Financial recovery in your truck collision case will likely come from the trucking company’s corporate insurance policy or a personal injury lawsuit filed against the corporation. Compensation may include:
- Current and future medical bills related to your injuries
- Lost income while you are out of work
- Reduced earning ability if you have lasting injuries
- Property damages
- Pain and suffering and other non-economic damages
- Wrongful death compensation if your loved one suffered a fatal truck accident injury
The Trucking Company and Their Insurer May Try To Reduce the Value of Your Claim
The trucking company and its insurer have a financial incentive to keep your settlement low. For this reason, you should be careful in how you deal with the insurance company after a truck accident. It may help to follow this list of simple “dos and don’ts”:
- Do not give a recorded statement without consulting legal representation
- Offer only the basic facts of the case and do not discuss anything about your accident outside of when and where it occurred
- Do not accept fault for the accident or speculate about its cause
- Do not provide information about your injuries or medical treatment
- Do not post about your accident or injuries on Facebook, Instagram, or other social media platforms
- See a doctor if you have not done so already (this is important for your health and creates a record for your claim)
- Follow your doctor’s orders and do not miss appointments
The Trucking Company May Offer You an Initial Lowball Settlement After an Accident
The trucking company or their insurance representative may offer a settlement in the first days following an accident. However, beware of accepting an offer before understanding the scope of your injuries and the financial implications of your truck accident.
If you accept a settlement offer without knowing the value of your medical care and other recoverable damages, you may agree to a payout that does not cover your full range of expenses and losses. And, once you accept a settlement, you cannot pursue additional compensation from the trucking company, even if you find out your injury is worse than you thought, or your treatment is more costly than anticipated.
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How Can Our Truck Accident Lawyer Help With Your Case?
An attorney with our firm can help determine the potential settlement value of your claim. We can also assist with other details of your truck accident case, including:
- Preparing and filing paperwork, tracking deadlines, and managing case-related communications
- Identifying liable parties
- Collecting evidence, including police reports, witness statements, trucking company records, physical data, and medical records
- Negotiating on your behalf to secure an appropriate settlement for your case
- Representing you at trial if necessary
We can protect your rights and fight for the compensation you deserve, but you must act quickly. There are time limits for suing a trucking company after a crash. In Ohio, you generally have:
- Personal injury: Two years under Ohio Revised Code Section 2305.10
- Wrongful death: Two years under Ohio Revised Code Section 2125.02
Connect with a Lawyer From The Fitch Law Firm LLC Today
Contact The Fitch Law Firm LLC for a free consultation today. We have locations in Columbus, Dayton, Marion, and Springfield.
Let us put more than 30 years of legal experience to work for you. Don’t wait to get started on your truck accident case.