Because Ohio is a fault state that follows a comparative negligence doctrine, 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, it may be best to let your health insurance pay and recover its money from the at-fault driver or its insurer.
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 in Ohio will need to collect evidence to prove your losses.
Passengers and Drivers Receive the Same Treatment
Whether you were the driver or the passenger when the truck hit your vehicle, the truck driver’s insurance should pay. 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. It does not matter if your injuries are more or less severe than what the driver suffered. Even if the driver did not suffer injuries, you as the passenger could submit your own claim if you had injuries.
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.
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 compensatory 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 claim and help you work toward receiving the best possible 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
Generally speaking, if you do not meet the statute of limitations in Ohio for filing a lawsuit against the truck 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.
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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 bills
- Pain and suffering
- Lost wages
- Reduced earning capacity
- Loss of enjoyment of life
- Mental anguish
You can also recover compensation for medical bills and other expenses through a wrongful death action if you lost a loved one.
Our Team Will Fight for a Fair Settlement for You and Your Family
At The Fitch Law Firm LLC, we know the devastating effect 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 or online 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.