Proving Negligence After a Fatal Ohio Truck AccidentDec 06, 2019 Legal Blog Ohio Personal Injury Truck Accidents Wrongful Death
Posted by: Kisling, Nestico & Redick, LLC
Losing a loved one in a fatal truck accident may be the most devastating experience you ever face. In addition to grief, you are left with a significant financial burden as you’ll be responsible for paying for the funeral as well as making up for your loved one’s lost wages and benefits. You’ll also be left with emotional distress, pain and suffering, and loss of companionship.
By filing a wrongful death claim against the negligent party, you may be able to recover the compensation you need to move forward with your life. But, how do you prove negligence after a fatal truck accident in Ohio?
If you’ve lost a loved one in a fatal truck accident caused by another’s negligence, contact the experienced and compassionate Ohio truck accident lawyers at Kisling, Nestico & Redick. We can help you determine liability, educate you on your legal options, and fight for everything you deserve under the law.
Call us at 1-800-HURT-NOW today to set up a free, no-risk consultation.
How to Prove Negligence in a Truck Accident
Since truck accident liability is usually complicated, it’s essential to seek skilled legal representation. An Ohio truck accident lawyer can perform a thorough investigation and help determine who is at fault.
They will collaborate with accident reconstruction experts and witnesses to recreate the accident scene and determine exactly what happened. In addition, they can use evidence such as photographs, video footage, and truck driver logs to help them prove their case.
A lawyer may uncover that the truck driver or truck company that employees them is responsible for the crash. Or, the company that manufactured the truck or some of its components may have been negligent.
Why Proving Negligence in Truck Accidents is Difficult
There are several reasons that make proving negligence in truck accidents challenging:
- Truck accidents are more serious: The massive size and weight of trucks lead truck accidents to cause more damage than other types of crashes.
- Trucking companies are involved: Most truck drivers are employed by trucking companies. A truck company may be held liable for their truck driver’s negligent actions.
- Truck drivers are regulated by the government: There are certain state and federal regulations that trucking companies and truck drivers must follow.
- Truck drivers are rarely cut and dry: It’s often clear who is at fault in car accidents. Truck accidents, however, usually have some level of complexity to them because there are almost always multiple parties involved and more complex insurance issues.
Common Causes of Fatal Truck Accident in Ohio
In most cases, fatal truck accidents in Ohio are the result of:
- Distracted driving: Eating, drinking, fumbling with radio controls, and texting are all examples of distracted driving behaviors that may lead to fatal truck accidents.
- Improperly loaded cargo: Truck drivers are required to adhere to cargo loading regulations to make sure their cargo is properly secured. If the cargo falls out due to improper loading, a crash is likely to arise.
- Fatigued driving: The reality is that truck drivers work long hours and fatigued driving is common among them. When drivers are fatigued, they lack the alertness they need to drive defensively.
- Poor maintenance: Truck companies are responsible for keeping their trucks in optimal shape through regular maintenance. Poor maintenance can lead to faulty component and crash.
Contact Kisling, Nestico & Redick Today
If you’ve lost a loved one in a truck accident in Ohio, it is in your best interest to contact the top-rated personal injury law firm of Kisling, Nestico & Redick. You can count on our legal team to help you deal with your tragic loss by helping to prove who was at-fault, who should be held accountable, and ensuring that you secure the fair and full compensation you are entitled to.
Call 1-800-HURT-NOW today and set up a free, no-risk consultation. There are no upfront fees and we are only paid when you recover compensation.