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Semi-trucks and other commercial vehicles are common in Dayton. You see them on the major highways, like I-75, I-675, U.S. Route 35, and throughout town. You don’t think twice about the large vehicles until you’re part of a collision. In seconds, you become a victim of a truck accident. Now is the time to get help from our experienced Dayton truck accident lawyers at Kisling, Nestico & Redick.
When you have been hurt in an accident, a truck accident lawyer can help you win fair compensation. You can focus on getting the best possible medical care, healing, and spending time with your family. Our legal team will focus on investigating the truck accident, gathering evidence, and using that evidence to win you the most compensation possible.
Common Causes of Truck Accidents in Dayton
Semi-trucks should only be driven by someone who has been properly trained and received their Commercial Driver’s License. You would think a licensed commercial driver would be safe and careful behind the wheel. But that isn’t always the case. Many trucking accidents are caused by negligent truck drivers.
When you are hurt in a truck wreck and plan to pursue compensation, you need to know what caused the crash. As the person making a claim, you have to prove the other person as at fault. A semi-truck accident lawyer can investigate the incident and discover what went wrong. Once you know the cause of the crash, you can prove who was responsible. A negligent truck driver might have been at fault for the crash. In some cases, the trucking company or another business was responsible.
Our truck accident lawyers in Dayton have investigated my semi-truck accidents. Common causes of wrecks include:
- Speeding faster than the speed limit and what is safe for the conditions
- Failing to yield to the right of way
- Drowsy driving or falling asleep behind the wheel
- Using a cellphone or other distracted driving
- Failing to keep a lookout
- Failing to check blind spots
- Making improper and unsafe lane changes
- Driving while impaired by alcohol and drugs
- Lack of proper driver training
- A truck part or equipment failure due to a defect or inadequate maintenance
- Inadequate inspections and maintenance
- Improperly loaded or unsecured cargo
Truck Accident Injuries in Dayton
Semi-trucks weigh up to 80,000 pounds. When a truck of that size collides with your vehicle, it can cause significant harm. Whether the truck was moving at 45 mpg or 70 mph, the results can be serious or catastrophic. You and your passenger may have suffered serious injuries. Right now, you may be dealing with pain, ongoing medical treatment, and a long road to recovery. A catastrophic injury may have altered your future entirely.
Truck accidents commonly cause:
- Broken bones
- Neck and back injuries
- Muscle, tendon, and ligament tears
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Internal organ damage
- Internal bleeding
- Severe lacerations
- Crush injuries
- Nerve damage
- Post-traumatic stress disorder (PTSD)
What To Do After a Truck Accident in Dayton
When you get hurt in a truck accident, the first thing you should do is call the police. The Dayton Police Department or the Ohio State Highway Patrol will respond. The officers will provide help at the scene. They will control traffic, talk to everyone involved, and file a crash report.
Your next step should be to receive medical help. We recommend you go to the emergency room after a truck accident in Dayton. We understand many people don’t want to go to the ER. See a doctor as soon as possible. You should be examined within 72 hours of the crash. If you wait too long, it can make the insurance claim process harder. The insurer may say your injuries are not as severe as you claim. Or, the insurer may argue that you made your injuries worse by delaying medical treatment.
By filing a police report and receiving medical care, your insurance claim is off to a good start. The next step is to call a Dayton truck accident attorney for help. Getting the compensation you deserve after a truck wreck can be hard. Insurers don’t like to pay out large amounts of money. Working with a semi-truck accident lawyer improves your chance of a fair settlement.
A lawyer from KNR will handle the insurance claim process for you. We will fill out any necessary paperwork. We will answer the adjuster’s questions and respond to letters and phone calls.
Our legal team also will conduct a thorough investigation of our own. We will look for evidence about what caused the crash and who is responsible. We will use this evidence to prove you are entitled to compensation.
Winning an insurance settlement is more than proving the truck driver or trucking company was at fault. We also have to prove you were hurt. We work with you and your doctors to establish the type and severity of your injuries. We will document your medical bills and lost wages. We also work with you to calculate the value of your pain and suffering. It can be hard to put a number of these injuries, but our 18-wheeler accident lawyers have years of experience determining the value of truck accident claims.
Truck Accident Compensation in Dayton
After you are hurt in a truck accident, we will demand the maximum compensation for your:
- Lost wages
- Property damage
- Medical bills
- Future medical costs
- Pain and suffering
- Mental anguish
- Physical limitations (disability)
- Harm to your personal and familial relationships (loss of consortium)
Truck Accident Case Results
Our Dayton truck accident lawyers have a track record of winning fair settlements for our clients.
Recent case results include:
- $125,000 settlement for a car accident in Valley
- $100,000 settlement for a car accident causing a broken hip in Columbus
- $1,200,000 settlement for a car accident causing permanent injury in Bentleyville
- $90,000 settlement for a delivery truck accident
Settlements and court awards in motor vehicle accidents vary greatly based on several factors. We cannot guarantee specific results in a case, but you should talk with us about your circumstances and potential compensation.
Compensation After a Truck Accident
Sometimes, filing an insurance claim is not enough to win a settlement. If the insurer is being difficult about approving your claim or agreeing to a fair settlement, you may need to file a lawsuit. Filing a personal injury lawsuit can be intimidating. Your truck accident lawyer will write and file the legal documents. They will take care of serving the defendant and appearing in court.
Filing a lawsuit after a truck accident does not mean your case will go to trial. Most personal injury claims settle. But filing a lawsuit makes the insurance company take you seriously. It gives the insurer an incentive to settle the claim fairly, instead of going through a costly lawsuit.
Taking your claim to court also may be the only way to win compensation if the insurer denies your claim.
Though you may be worried about filing a lawsuit, we are not. Our truck accident lawyers in Dayton have decades of litigation experience. We know what it takes to handle a truck accident lawsuit. We are prepared to deal with the discovery phase, which is where we can demand information from the truck driver and trucking company. We are prepared to hire an accident reconstructionist and other experts to build your case. Our legal team is not afraid to take your claim to trial and fight for your compensation.
Fighting for Compensation After a Fatal Truck Wreck
Did you lose a loved one in the truck accident? When your spouse, parent, or child passed away because of truck accident injuries, talk with a semi-truck accident lawyer about pursuing a wrongful death claim.
Through an insurance claim or wrongful death lawsuit, we will fight for you to receive compensation for:
- Funeral and burial expenses
- Lost income
- Lost future inheritance
- Loss of companionship and society
The Statute of Limitations
There is a time limit on how long you have to file a lawsuit. For a personal injury lawsuit, you have two years from the date of the accident. You also have two years from the date of your loved one’s passing to file a wrongful death lawsuit.
This time limit does not apply to your insurance claim. You need to pursue an insurance claim right away. Insurers have their own deadlines. The statute of limitations only applies to lawsuits.
Dayton Truck Accident FAQs
1. Is The Truck Driver or Trucking Company Responsible?
2. How Do I Determine the Value of a Truck Accident?
3. I’m Partly At-Fault for the Crash. Can I Still Recover Compensation?
Ohio has a modified comparative negligence law. This means if you’re 51% or more at fault for a truck accident, you can’t recover any compensation. But, as long as you’re under 50% at fault you can still recover damages. Keep in mind your degree of fault will reduce what you can recover.
4. I Lost a loved one in a Truck Accident. What Do I Do?
Our Dayton Truck Accident Lawyers Are Here to Help
After a serious truck accident in Dayton, getting compensation may not be easy. You might expect to go through the insurance claim process in a matter of weeks and walk away with a big settlement check. Unfortunately, the reality is often far different. Many truck accident victims run into issues with the insurance company. An insurer may not want to pay out or may dispute the value of the claim.
We recommend you work with a Dayton truck accident attorney as soon as possible to avoid problems. An insurer is less likely to try and take advantage of you when you are represented by legal counsel. By working with a lawyer, you also have some ready to handle any problem that comes up.
Our lawyers will handle the paperwork, the phone calls, and the negotiations. We do the legwork, so you don’t have to.