New Law Aimed at Reducing Unsecured Load Truck Accidents in Ohio
Posted in: Truck Accidents
If you suffered critical injuries in a truck accident, you might be worried about how you will prove the crash wasn’t your fault and therefore you shouldn’t be held responsible for the costs. Fortunately, a thorough investigation by an experienced lawyer can pinpoint the exact cause, identify the parties involved and lead to maximum compensation for your damages.
At KNR, we try to make the truck investigation process as straightforward as possible. Learn more when you contact us for a free consultation. Call 1-800-HURT-NOW.
Determining liability in truck accidents can be challenging because multiple parties may be at fault. It is crucial to conduct a thorough investigation as early as possible to identify all liable parties, preserve valuable evidence, and build a case supporting your claim.
Working with an experienced and knowledgeable truck accident lawyer early on helps protect your interests and gives you the best chance of success.
To prove liability in your truck accident claim, you must demonstrate that another’s negligence caused your injuries. In truck accident cases, this means gathering evidence that supports your claim and version of events.
Common types of evidence in a truck accident case include:
An investigation should be conducted as soon as possible after your accident to ensure valuable evidence isn’t lost. Investigations are complex and often involve accident reconstruction engineers, medical experts, and truck accident specialists to analyze data and provide technical opinions.
Reviewing truck company records is essential, as these logs may provide valuable information that establishes negligence. For example, if trucking companies hire irresponsible people, hire unqualified truck drivers, or otherwise fail to vet employees properly, the truck company could share liability.
Other helpful information in a truck accident claim from the trucking company is the truck driver logbooks, inspection or repair records, work orders, truck maintenance records, driving records, safety and equipment check records, truck driver delivery schedules, and more.
Commonly referred to as event data recorders (EDRs), the truck’s black box may provide important insight into specific truck information at the time of the collisions.
A commercial truck’s black box records a wide variety of data, including:
Every truck manufacturer has parameters set as part of the data recorded by black boxes. Often, this data is set to start recording seconds before an accident. The truck’s airbag control module sensors control the truck’s black box data, allowing the data to remain in place in accidents severe enough to deploy airbags.
However, some limitations could reduce the EDR‘s reliability, including:
The truck’s tire treads, the testimony of bystanders, forensic evidence, physical evidence, and photos and video of the truck accident scene could prove valuable as you attempt to recover compensation.
Your attorney will examine the truck in question to determine whether parts may have malfunctioned or were defective, take photos of the impact damages, and determine how the collision occurred.
An accident reconstructionist may examine the commercial truck’s air brake system, tires and review the time-distance relationship at the time of the accident, the point of impact, and the rate of speed at the time of the accident.
Obtaining statements from witnesses who may have seen the collision will be essential. Getting these statements as soon as possible is important, as critical details could easily be forgotten in time.
Generally, the trucking company insurance investigators will begin investigating right away. For this reason, a truck accident attorney should be working on your case.
Possible truck accident witnesses to be interviewed and deposed include:
Witness statements may have specific details such as the road surface conditions at the time of the accident, what disability was like, how the lighting was, whether street signs or traffic lights were functioning at the time of the accident, and how the road was laid out, for example.
Other details that could provide valuable information in a truck accident investigation include:
Witnesses may easily forget important details as time goes on. For this reason, you must get your truck accident attorney to interview witnesses as soon as possible after the collision.
The testimony of expert witnesses, including accident reconstructionists, could provide valuable evidence to prove liability in your case. Accident reconstructionists and experts will have insight that others may not have. The judge and jury presiding over your case will be able to trust the insight of the accident reconstructionists and other experts working on your case.
The law enforcement officials that arrive at the accident scene will be responsible for taking a crash report. Here, they will include important facts regarding how the accident occurred, who may be responsible, the identifying information of all involved parties, and other relevant information.
By obtaining a medical evaluation immediately after the accident, the defense will have a little opportunity to argue that your injuries were not caused by the truck accident. Your medical records also go a long way in showing the severity of your injuries.
While a broken bone, for example, may initially seem like a minor injury, your medical records could show the devastating impact of your broken bones and the reality that your broken bone injury will have a lasting effect on your life for the foreseeable future.
Some of the medical records that could be useful include:
Examining the truck driver’s record is one of the most important elements of the truck accident investigation. Not only will the trucker be required to provide a statement after the accident, but they may also provide valuable insight into how the accident occurred. Many truckers report feeling overtired, which could indicate truck company negligence or misconduct.
Any evidence obtained in a truck accident investigation should help support the argument that negligence caused your injuries. To prove negligence, the following must be met:
A prime example of negligence in a truck accident claim could be a trucking company that hires a trucker without performing a background check, thereby hiring drivers who do not have the experience they claim and, or forcing a driver to work more than the hours allowed in a period according to Federal Motor Carrier Safety Administration (FMCSA) regulations.
Various state and federal regulations apply to the commercial trucking industry. For example, truck drivers must comply with FMCSA rules regarding hours of service, meet qualification standards, and perform regular safety inspections of their vehicles.
Trucking companies are also responsible for ensuring that their drivers are appropriately qualified and in compliance with safety regulations, performing background checks before hiring drivers, and adequately training drivers to operate trucks safely and responsibly.
Common causes of truck accidents include:
If you have been injured in a truck accident, contact Kisling, Nestico & Redick right away. Our lawyers can answer your questions, move quickly to preserve valuable evidence, and conduct a complete investigation of your accident.
We use every available resource so you can recover physically and financially after a car accident.
With in-depth knowledge of the unique commercial trucking industry regulations and an understanding of the evidence needed to support your claim, KNR will quickly conduct a truck accident investigation, gather everything necessary, and work to obtain the maximum compensation possible in every case.
Whether through an insurance claim or lawsuit, KNR will fight hard for you to recover your:
Contact our truck accident attorneys immediately if you were in a truck collision anywhere in Ohio. We will advise you, review all your legal options, and fight to secure the maximum amount of compensation possible.
Get your free, no-risk consultation. Call 1-800-HURT-NOW today.