New Law Aimed at Reducing Unsecured Load Truck Accidents in Ohio
Posted in: Truck Accidents
While we tend to think of tow trucks as first responders to motorists who have been involved in a crash or breakdown, they can also be the cause of truck accidents. Driver negligence or improper loading or maintenance can lead to catastrophic collisions with other vehicles or pedestrians on the road.
The size and weight difference between tow trucks and other passenger vehicles can mean devastating consequences for anyone involved in an accident with these types of trucks.
The purpose of tow trucks is to transport vehicles that have either broken down or been damaged in a collision. Generally, tow trucks fall into one of the following categories:
Chains are hooked onto vehicle frames or axles and they are pulled from behind via a hydraulic pulley system. These types of tow trucks are typically reserved for junk vehicles and are rarely used because they can cause damage to vehicles.
These are similar to hook and chain tow trucks, but a metal yoke is used instead of a chain. The metal yoke is hooked under the front or rear wheels of towed vehicles, and hydraulic or pneumatic hoists are used to pull. Wheel-lifts have replaced hook and chain tow trucks because they cause less damage to vehicles.
A hydraulic system tilts the bed to an angle so that vehicles can either be driven or loaded onto the ramp. The bed is then leveled out in order to haul vehicles. This is considered the safest and preferred means of towing because vehicles are secured on the bed rather than being dragged from behind.
To avoid accidents due to faulty equipment, it is essential that tow trucks be regularly inspected, repaired, and maintained. It is also the responsibility of employers to hire safe drivers and to provide adequate training for their employees. Tow truck drivers must also operate these types of vehicles in a safe manner, which includes obeying state and federal laws.
Some of the most common causes of tow truck accidents include:
The first step in dealing with an accident involving a tow truck, is to find the party at fault and establish their liability. By determining liability, you can access the correct insurer and file a personal injury claim.
Depending on the factors that caused the accident, the party liable for your injuries could be the tow truck driver, another motorist, or a business that owns or services the tow truck. For instance, a tow truck driver may have been distracted and caused a collision.
Or, if your accident happened because the tow truck’s brakes were not properly maintained, the repair company or owner could be responsible.
After you establish liability for a tow truck accident, the next step is to prove negligence, which states that a person or company did not act how it should have, and because of this, you suffered harm that can be compensated.
Proving negligence after a tow truck collision requires you to meet four elements:
There are numerous ways to demonstrate that a tow truck driver or another party breached its duty of care, including traffic tickets, eyewitness testimony, expert testimony, and circumstantial evidence.
At Kisling, Nestico & Redick, our lawyers understand how to obtain these and other types of evidence to prove your negligence claim.
To obtain proof of liability and negligence, your attorney will gather:
If you have been injured in an accident involving a tow truck, you may be facing medical bills, a lengthy recovery, and loss of income. If your injuries were the result of another person’s recklessness or negligence, you may be able to recover compensation for your losses through a personal injury claim.
The experienced Ohio truck accident lawyers at Kisling, Nestico & Redick can help you fight for the compensation you deserve. We will help you obtain the maximum available compensation for:
Call us at 1-800-HURT-NOW to schedule a free consultation to learn how we can help you in the aftermath of a serious accident.
The Ohio accident lawyers at Kisling, Nestico & Redick have more than four centuries of combined experience representing individuals seriously injured in accidents involving large trucks. We have a deep understanding of how trucking companies operate, the resources to handle complex truck accident cases and the skills to pursue the maximum possible compensation.
We can guide you through the complicated legal process and help you secure the compensation you deserve while you focus on your recovery.
Call our truck accident lawyers today or fill out our online contact form to arrange a free initial consultation with our Ohio tow truck accident attorneys. We offer no recovery, no fees for all our clients — you will never be asked to pay an attorney fee unless you obtain compensation.