Due to their size and weight, truck accidents can be catastrophic. Because of this potential for destruction, the trucking industry is heavily regulated. If you were involved in a truck accident in Cincinnati, you may be able to recover a payout from the responsible party for your medical bills, lost wages, pain and suffering, and more.
A Cincinnati truck accident lawyer from the Fitch Law Firm may be able to help you pursue this compensation in settlement negotiations or a personal injury lawsuit. Call us at (513) 407-4521 for a free consultation on your case with a member of our team.
Types of Truck Accidents
Common types of truck accidents include:
- Rollover accidents: a truck can roll over if it strikes an object, tips over on the curb, or approaches a turn, an incline, or a decline too fast.
- Jackknifing: this occurs when the axle of the tractor—which is the front or cab part of the truck—locks, causing the tractor to skid and swing toward the trailer, which is the rear part of the truck used for carrying cargo. When this happens, the driver may lose control of the vehicle.
- Rear-end and underride accidents: a rear-end accident occurs when a vehicle strikes a truck from behind. An underride accident happens when a smaller vehicle strikes a truck and becomes lodged under it.
- Brake failures: trucks are heavy, and if a truck is traveling at high speed, worn or damaged brakes may not stop the truck in time to avoid an accident.
- Blindspot and no-zone accidents: due to their size, trucks have larger blind spots than other vehicles. A no-zone is anywhere a truck driver cannot see you on the road. In general, if you are behind a truck and cannot see its rearview mirrors, you are in a no-zone.
- Wide-angle turn accidents: these occur when a truck takes a turn at a wide angle, and another vehicle driver may try to squeeze by but ends up striking the truck from the side.
These accidents can happen with trucks of every kind, from big rigs, tractor-trailers, semi-trucks, and 18-wheelers to delivery trucks, construction trucks, dump trucks, and other large construction and transportation vehicles. If a truck driver’s negligence caused your injuries, regardless of the accident, they may be liable for your damages.
Truck vs. Car Accidents
A few key differences between truck accidents and passenger car accidents are as follows.
- Even if the truck driver’s negligence caused your accident, your claim or lawsuit may go against their employer due to the principle of vicarious liability
- Special rules established by the Federal Motor Carrier Safety Administration (FMCSA) for commercial vehicles may be relevant to your case
- Truck accidents may cause a lot more damage than car accidents
Although truck drivers are required to be commercially licensed, truck driver negligence still causes accidents. Unfortunately, the damage inflicted by a truck can be much higher than passenger vehicle accidents. Truck accident victims can be left with mounting medical bills, lost income, substantial property damage, and serious injuries.
Liability for Truck Accidents
Truck accidents can happen for a variety of reasons. Consider the following:
- Poor maintenance
- Defective parts
- Driver fatigue
- Distracted driving
- Driving under the influence
- Disregard of safety protocols
- Improper loading
- Road damage
- Poor lighting
- No road signage
- Improper training
- Poor hiring practices
Every one of these factors can cause or contribute to an accident. Depending on how your truck accident occurred and which factors came into play, many different parties may shoulder some of the blame for the accident. These parties may include:
- A truck driver, a truck owner, or the operator of a trucking company
- A maintenance, service, or safety inspection team
- A loading or shipping team
- A manufacturer truck parts
- A government body if road damage or poor signage contributed to an accident
Depending on whose negligence caused your accident, and under what circumstances, any of these parties may be liable for your injuries.
A Cincinnati truck accident lawyer from the Fitch Law Firm can help you investigate your accident to determine the cause of the accident, identify at-fault parties responsible for the accident, and estimate your damages and losses so that you can file a claim for damages.
For a free consultation on your case with a member of our team, call the Fitch Law Firm today (513) 407-4521.
Proving Truck Accident Negligence
Truck accident claims usually require the plaintiff to:
- Prove that a truck driver or another at-fault party responsible for an accident owed you a duty of care
- Show that the duty of care was breached or that the standard of care was not met
- Show that the breach of the duty of care caused your accident
- Prove that your accident caused you to suffer damages of some sort—whether physical, financial, mental, or otherwise
If you can establish the above, you may be able to recover compensation from the responsible party in settlement negotiations or a personal lawsuit. The Fitch Law Firm can coordinate these actions on your behalf. This may allow you to recover compensation for damages such as:
- Your medical bills and treatments
- Estimated future costs of medical care
- Lost income or inability to work
- Vehicle or property damage
- Pain and suffering
- And more
Truck Accident Representation
A Cincinnati truck accident lawyer from the Fitch Law Firm may be able to manage your truck accident case while you focus on your recovery.
Make sure you keep the statute of limitations in mind as you consider legal action for your truck accident injuries. Per Ohio Revised Code Section 2305.10, victims generally have a two-year statute of limitations on filing a personal injury lawsuit in Ohio. There may be circumstances that could alter this timeline. Failing to take legal action by the deadlines that pertain to your case could mean your lawsuit gets dismissed.
The Fitch Law Firm team can be reached at (513) 407-4521. To determine whether or not you may have grounds for a claim for the damages and losses you suffered in a truck accident, please call us for a free consultation today.