New Law Aimed at Reducing Unsecured Load Truck Accidents in Ohio
Posted in: Truck Accidents
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.
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.
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.
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:
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.
Through an Ohio wrongful death lawsuit, you may be able to recover compensation for:
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.
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.
All sorts of factors and behaviors can lead to a fatal collision with a commercial 18-wheeler.
Drivers who have been insufficiently trained or are exhausted from long hours on the road can make terrible mistakes that lead to another person’s death. Mechanical issues can also come into play when trucks are poorly maintained or repaired, have inadequate safety equipment, or are overloaded with cargo. Road conditions and driver behavior can also lead to deaths on Ohio’s roads when truck drivers operate their trucks in an aggressive manner, violate the speed limits, or fail to adapt to dangerous road conditions.
Common causes of truck accidents often include:
Fata truck accident claims and lawsuits often involve complex legal issues that concern liability and damages. The victim’s family must demonstrate, via their attorneys, that the truck driver or the trucking company—or both—are legally responsible for the victim’s death.
Liability may also fall on other parties or multiple parties involved in a truck collision once an investigation has been conducted. For example, if a mechanical item like the brakes failed as a result of a manufacturer error, the company that produced the brakes might be held liable.
Once liability is confirmed, other considerations come into play regarding compensation for damages. The financial issues can be significant as a judge or jury determines the appropriate level of compensation for medical bills, funeral expenses, pain and suffering, emotional grief, and lost future wages.
It is important to remember that Ohio law sets time limits known as statutes of limitations for filing lawsuits, so it’s important to act quickly to protect your rights. Ohio’s civil statute of limitations laws imposes a two-year limit for claims involving wrongful death.
Preparing for a wrongful death case involving a commercial truck can be a time-consuming and intricate process. Your case may involve violations of federal motor carrier regulations and other issues that are unique to semi-truck accidents.
At Kisling, Nestico & Redick, our Ohio truck accident lawyers have significant experience handling wrongful death claims involving commercial trucks and extensive knowledge of all relevant local, state, and federal rules. We can find evidence of the truck driver’s or trucking company’s negligence in a variety of situations.
The sooner you contact our firm, the sooner we can work to collect and preserve evidence of liability.
While law enforcement officers do their best to conduct a full and fair investigation, their goals are different than yours. Without a lawyer to represent your interests, key evidence needed to prove your case could disappear.
At KNR, we know first-hand how trucking companies respond to wrongful death claims where their drivers or employees are at fault. But these large companies are interested in protecting their profits – not your family’s well-being.
When a commercial truck is involved in a fatal collision, the trucking company is aware of the risks of a potential lawsuit. The company will start working immediately to defend itself.
Typically, the trucking company’s insurance carrier will contact the victim’s family to persuade them that they do not need an attorney. Insurance professionals are trained to encourage family members to accept a quick settlement that leaves the trucking company free to make the same fatal mistakes over again.
However, trucking companies are only required to retain documents for a relatively short period of time, which means it’s important to act quickly to preserve important evidence such as a truck driver’s log, onboard GPS data, and maintenance records before they are destroyed.
The insurance policies and legal process involved in a fatal truck accident claim is complicated, but at Kisling, Nestico & Redick, we can help you get the most out of your case. Although you may be hesitant to pursue legal action, our team is ready to fight for your rights and recover max compensation for everything a fatal truck collision costs you.
We use every available resource so you can recover physically and financially after a deadly truck wreck.
Wrongful death cases arising from accidents involving semi-trucks, big rigs, tractor-trailers, and other commercial vehicles can feel overwhelming for surviving family members. With considerable experience and long history of fighting for clients who have lost loved ones in truck accidents, KNR is here for you.
We have the knowledge, skills, and resources to ensure you obtain the compensation you deserve so you can move forward with life after losing a loved one in an Ohio truck crash.
We are conscious of your difficult circumstances, so we offer no fees unless you recover compensation for your case. Call Kisling, Nestico & Redick at 1-800-HURT-NOW or use our online contact form to schedule your free consultation today.