The aftermath of an accident with a large truck or another type of commercial vehicle can be a time of significant stress and uncertainty. In addition to simply trying to recover from your physical injuries, there are medical bills to pay, insurance claims to file, car repairs or replacement to worry about, and more. Reach out to an experienced attorney at Kisling, Nestico & Redick today.
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Commercial trucks crisscross Ohio daily. You’re used to seeing them on the highway and in town. You don’t think about them until you’re injured in a crash. In a matter of seconds, truck accident injuries change your life. To figure out who was at fault and fight for compensation, call our Cincinnati truck accident lawyers at Kisling, Nestico & Redick.
When you are hurt in a truck wreck, you need to find out what happened. You have to pinpoint the cause of the crash. This is how you figure out who was at fault for the crash. You might have a claim against a negligent truck driver, trucking company, or other business. Our trucking accident lawyers in Cincinnati can help you with these tasks. We have years of experience investigating semi-truck accidents and a track record of obtaining compensation for our clients.
Common Causes of Truck Accidents
Semi-trucks and other commercial trucks are large and heavy—18-wheelers can weigh up to 80,000 lbs. Given commercial trucks’ size, they need to be well maintained and operated carefully. However, all too often, truckers and trucking companies skimp on training, inspections, and maintenance. They cut corners and put everyone’s safety at risk.
Over the years, KNR has investigated many trucking accidents. We have handled all types of crashes. We have uncovered many types of negligence.
Some of the most common causes of truck accidents include:
- Fatigued driving
- Distracted driving
- Failing to yield
- Improper merging
- Failing to keep a lookout
- Failing to check blind spots
- Making unsafe lane changes
- Impaired driving
- Equipment defect or failure
- Failing to perform adequate inspections
- Failing to maintain the truck adequately
- Failing to load and secure the cargo properly
- Inadequate driver training
After you have been hurt in a truck accident, you need to find out the cause of the crash. Sometimes, the cause of the accident is obvious, such as a semi-truck running a red light and colliding with your vehicle in the intersection. But the cause might not be clear right away. You are better off working with an experienced Cincinnati truck accident attorney who can investigate the crash than guessing what happened. You cannot rely on the police officer’s crash report.
Once your legal team finds the underlying cause of the crash, this helps us determine who was at fault. We will find out who directly caused the crash. We also will discuss the difference between fault and liability with you. A person or business who did not directly cause the accident might still be responsible for your compensation. For example, when a truck accident is caused by a negligent trucker, their employer may be liable for compensating you.
Common Injuries in Truck Accidents
A semi-truck can cause serious injuries even at lower speeds. A fender bender with another car at 20 mph may feel like a tap. A fender bender with a semi-truck at 20 mph can cause whiplash and other injuries. Worse yet, many commercial truck accidents happen at much higher speeds. A truck on I-75, I-71, I-74, or other Cincinnati highways could be moving over 60 mph. At that speed, a collision could cause catastrophic injuries and fatalities.
Whether you suffered moderate, severe, or catastrophic injuries, call us right away. Our Cincinnati truck wreck attorneys want to help you deal with the medical bills. We will fight for you to receive the maximum compensation possible.
Common truck accident injuries include:
- Neck and back injuries
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries
- Internal organ damage
- Crush injuries
- Nerve damages
- Post-traumatic stress disorder (PTSD)
How to Demand Compensation After a Truck Wreck
When a truck accident happens, there are steps you can take to set yourself up for making a claim. You should call the police. The Cincinnati Police Department of the Ohio Highway Safety Patrol will respond depending on where you are. The officers that arrive will review the crash scene, talk to those involved and witnesses, and right up a crash report.
You also should get medical care right away. We recommend truck crash victims go to the emergency room. But we realize you might not have health insurance, or the deductible might be a high cost. You might hesitate to go to the ER if you think your injuries aren’t that bad. If you choose not to go to the ER, then we suggest you see a doctor within 72 hours or sooner if your pain gets worse. Waiting too long to be examined and treated by a doctor can complicate your claim for compensation.
You should notify your insurance company and the truck driver’s insurer about your claim. After this initial notification, we recommend you do not talk with the insurance adjuster. You do not have to make a written or oral statement. You do not have to answer a bunch of questions on the phone. You should call a Cincinnati truck accident lawyer first. Let us handle the insurance company.
KNR will review and respond to any letters you get. We will talk to the adjuster on the phone and answer any questions. We will provide the insurer with the evidence to prove who caused the crash. We also will provide your medical records related to the crash to prove your injuries.
Our goal is to get the insurance company to approve your claim. Once it approves your claim, they might make a settlement offer. Do not accept an offer or cash a check without first talking to an attorney.
We will calculate the value of your claim and compare it to the offer. We will tell you if the offer is too low or fair. If the offer is too low, which is common, we can start negotiations on your behalf. We have years of experience fighting for more compensation for our clients.
Filing a Truck Accident Lawsuit
In most truck accident cases, we recommend filing a lawsuit. Most personal injury claims settle. However, that does not mean you should avoid the courtroom. Filing a lawsuit gives us the chance to gather more evidence.
We can use discovery to get truck driver and trucking company records. We can depose the truck driver and other people involved. The truck has an electronic data record, a “black box,” and filing a lawsuit lets us demand to see that data. All this evidence can be important in proving what and who caused your injuries.
Whether we negotiate a settlement or take your case to trial, our goal is to win you the maximum compensation possible. We cannot guarantee how a case will turn out. But we do have a strong record of obtaining fair compensation for our clients. Learn more about our case results.
Ohio Personal Injury Compensation
Through a personal injury lawsuit and insurance claim, you can demand compensation for your past and future:
- Medical expenses
- Lost income
- Property damage
- Physical limitations
- Pain and suffering
- Mental anguish
- Damage to personal relationships (loss of consortium)
Ohio Wrongful Death Compensation
If you lost a parent, spouse, or child in a truck wreck, then the law might entitle you and your family to compensation. Our Cincinnati truck accident attorneys will fight for you to receive compensation for:
- Loss of income
- Funeral and burial expenses
- Loss of prospective inheritance
- Loss of comfort and society
The Time Limit for Filing a Truck Accident Lawsuit
If you plan to seek compensation for truck accident injuries or a relative’s death, you have two years to file a lawsuit. The statutes of limitations for personal injury and wrongful death claims in Ohio is two years from the date the cause of action accrues. For injuries, this is the date of the crash. For a wrongful death, this is the date of your loved one’s passing.
This time limit is for filing a lawsuit, not an insurance claim. You need to act right away if you want to demand an insurance settlement.
How Our Cincinnati Truck Accident Lawyers Can Help You
After a truck accident, your first thought may be to deal with the insurance claim on your own. We suggest you call an attorney instead. Truck accident cases are much more complicated than simple car crashes.
During a truck accident case, the trucking company and its insurer have the upper hand. They control the truck and its black box. They have more facts and evidence than you. You have to take steps to gain access to that evidence to figure out what happened and why.
When you work with a truck accident attorney in Cincinnati, you have someone to handle writing and filing the legal documents for the lawsuit. You have someone to appear in court before the judge. Our lawyers will take full advantage of discovery and gather as much evidence as possible. We also might retain one or more experts to investigate and analyze the crash. It is easier to uncover what caused the truck accident with a lawyer than without.
Your lawyer also will give you a better picture of what your case is worth. Without an experienced attorney, you might over or under-value your claim. You might be willing to accept a settlement that is less than your case is worth. You also might turn down a fair settlement. We will talk with you about what your claim is worth and why. We can then advise you on whether a settlement offer is fair. If you cannot reach a settlement agreement with an insurer, we are ready to go to trial and fight for you.
To learn more about how KNR can help with personal injury and wrongful death truck accident cases in Cincinnati, call (513) 221-0499. Or, complete our online form to request a free initial consultation.