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Our LocationsTruck accident claims are never a walk in the park. Not only do you have to worry about your injuries, but you also have to contend with insurance companies and prove negligence on the other driver’s behalf. As tedious as it can be to prove truck driver negligence, by working with a lawyer experienced in Ohio truck accident cases, you can recover the compensation you deserve..
If you’ve been injured in a truck accident caused by a speeding trucker, at Kisling, Nestico, and Redick, we know what you are going through and how to help. We’ve been helping Ohio injury victims for over 20 years and have a record of success in even the most complex trucking accident cases.
Call 1-800-HURT-NOW today for a free, no-risk consultation. We’ll review your situation, explain your options, and discuss your next steps.
You’d be surprised by how many truck drivers, trucking companies, and their insurers are unwilling to claim liability in a truck accident. Even worse, they might accuse you of being at fault, making the case a much bigger headache than it ought to be.
However, there are four key factors to consider when attempting to prove negligence:
If the truck accident was caused by a speeding truck driver, then you have a few different ways to prove breach of duty. Your options include eyewitness testimonies, GPS data from onboard communications systems or other electronics, onboard video from commercial vehicles (e.g., large trucks), or point-to-point GPS data or delivery schedules.
There are a few other methods to prove that a truck driver’s speeding caused an accident. Black box data that contains that truck’s speed data from the time of your accident is one way. You can also look at the police report, where the officer determined whether the driver was speeding at the scene of the accident and may have even issued the driver a speeding ticket.
Logbooks are another method, which are books where truck drivers are required to keep logs of their driving time, rest breaks, and other information under Federal Motor Carrier Safety Administration (FMCSA) trucking regulations.
Last but not least, there’s accident reconstruction reports, which involve scientific experts and engineers recreating the conditions of your accident. Their findings could detail how speed influenced the accident and if the collision could have been avoided by operating the truck in a safer way.
Our team coordinates rapid downloads of truck data, hires reconstruction engineers, subpoenas telematics, and builds readable speed timelines (ELD/ECM + tolls + dashcam). We match those findings to Ohio’s speed statute and federal trucking rules to show the carrier’s negligence and maximize recovery.
No. A citation helps, but speed can be proven with ECM/EDR data, ELD breadcrumbs, dashcam video, skid/crush analysis, and point-to-point timing (tolls/weight stations). We often win speed disputes without a ticket by combining multiple data sources and expert reconstruction.
Ohio’s basic speed law requires a speed that’s “reasonable or proper” for conditions—not just the posted limit. A truck may be negligent even under the limit if weather, traffic, visibility, or roadway design required slower travel (assured clear distance ahead).
Some ECM/EDR data overwrites after engine cycles; carriers must retain certain HOS/ELD records only for a limited time. Send a preservation letter immediately so the company can’t purge data under routine policies.
Ohio uses modified comparative negligence. Your compensation is reduced by your percentage of fault, and recovery is barred only if you’re more than 50% at fault. Solid speed proof against the truck helps push your percentage down. (We use data to beat blame-shifting.)
ODOT relies on engineering studies (e.g., USLIMITS2) and the Ohio speed statute to set consistent, safe limits. Showing a truck exceeded posted or reasonable limits strengthens negligence and damages arguments.
Yes. The OH-1 contains narratives, diagrams, and citations used by insurers to assess fault. Get the official version from the investigating agency for court use; ODPS hosts read-only copies online for reference.
Often. Hours-of-service violations, poor ELD practices, or failure to manage speed can support negligent operation or supervision claims against the motor carrier under FMCSA regulations.
Medical costs (past/future), lost income/earning capacity, pain and suffering, property damage, and—in fatal cases—wrongful-death damages for the family. We document each category with medical, vocational, and economic experts.
Most Ohio personal injury claims must be filed within two years of the crash. Don’t wait—critical electronic data can be deleted long before that deadline. (Ask us about exceptions and earlier notice requirements.)
Yes—early action is everything in speed cases. We move fast to preserve ECM/EDR, ELD, dashcam, and dispatch data; secure the scene; and retain experts. The trucking company’s insurer is already building a defense—have someone building your case, too.
A speeding truck is incredibly dangerous, and the effects of a crash can be devastating. The truck driver and their employer will have an insurance company aggressively working to reduce any liability that it has to pay. You should have an attorney working hard for you too.
Kisling, Nestico & Redick has been representing Ohio truck accident victims for over 20 years. We know how to investigate trucking companies and what it takes to get results. To speak with one of our attorneys, call 1-800-HURT-NOW for a free, no-obligation consultation.
