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Losing a loved one in a fatal Ohio truck accident can be a life-shattering experience. Your mind may be swirling with questions: Who is responsible? How do I hold the truck driver or truck company accountable?
Facing these questions can be a huge undertaking. But with an attorney from Kisling, Nestico & Redick, you will be able to find answers, recover financial compensation for your losses and take the first steps toward moving forward. Call us at 1-800-HURT-NOW to arrange a free consultation about your case.
Fatal Truck Accidents in Ohio
According to the Insurance Institute for Highway Safety, large commercial trucks have a higher fatality rate per mile traveled than other motor vehicles. Because trucks often weigh 20 to 30 times more than cars, most deaths in truck accidents are the drivers and passengers of the other motor vehicles rather than the driver of the truck.
In many cases, the truck driver may have been at fault. Additionally, the company that employs the truck driver who operates the truck or loaded the cargo may bear some responsibility for causing the accident that resulted in the loss of your family member.
If you believe your loss was due to negligence, our Ohio truck accident lawyers can investigate and identify all of the potentially liable parties when pursuing your wrongful death claim.
Truck Accident Wrongful Death Claims
When a person is killed in a collision with a semi-truck in which the truck driver or another party is found to be at fault, surviving family members may have a right to compensation for the loss of their loved one.
Under Ohio law, when a person is killed because of the negligence of a trucking operator or its truck driver, the victim’s estate may file a lawsuit against the liable party under Ohio’s wrongful death statutes.
While a truck accident lawsuit won’t restore your loved one to your life, the compensation you receive can help you recover from the financial losses you’ve experienced because of the death of your family member.
Who Can File a Lawsuit after a Fatal Truck Crash?
A wrongful death lawsuit must be filed by the “personal representative” of the person who was killed and can only be for the benefit of certain surviving family members.
Under Ohio law, those include the decedent’s:
- Surviving spouse
- Children
- Parents
- Other next of kin
Ohio law presumes that the spouse, children, or parents of a person killed in an accident suffered damages because of the wrongful death. If the decedent has no surviving spouse, children, or parents, then a wrongful death lawsuit may be brought on behalf of another next of kin. If the wrongful death suit is successful, the damages awarded in the settlement or wrongful death verdict are split between the beneficiaries of the deceased.
Indemnización por muerte por negligencia
Through an Ohio wrongful death lawsuit, you may be able to recover compensation for:
- Gastos de funeral, entierro o cremación
- La pérdida de la capacidad de generar ingresos de tu ser querido
- La pérdida de los servicios de un ser querido
- La pérdida de la compañía y la presencia de tu ser querido
- La pérdida de la herencia que, en el futuro, podrías haber recibido de tu ser querido
- Angustia mental
If you have lost a family member to an accident involving a commercial truck, the attorneys at Kisling, Nestico & Redick offer experienced and compassionate representation throughout the state of Ohio. We’re here to listen to your story, offer an honest evaluation of your legal options, and fight to obtain compensation for your tragic loss.
Max Compensation after a Fatal Truck Crash is Crucial
Although money won’t bring your loved one back after a fatal semi-truck crash, it may help secure your family’s ability to pay bills and move on in the wake of your loss. I may also bring a sense of justice by holding the responsible party accountable for causing your family member’s death.
While most fatal truck accidents settle out of court, the trucking insurance company will work to reduce what they owe by denying the trucker or trucking carrier was to blame. While a settlement might be ideal, you should be wary of low-ball first offers. You may need to file a lawsuit, document how your life has actually been impacted, and present compelling evidence to secure everything you’re legally entitled to recover.