Nobody leaves their home or their workplace in Ohio and anticipates an injury in a truck crash. Yet trucking collisions do happen with some frequency. Motorists on highways and local roads in Butler County can suffer severe injuries. After a collision, it can be difficult to know what you need to do. Should you immediately file an insurance claim? What can you do if you were injured too severely to return to work? Do you have options for seeking compensation for your medical bills? If you were hit by a negligent truck driver, there are many important things to know.
You should learn more about what constitutes truck driver negligence and how a truck driver’s negligence impacts your ability to file a claim. Accidents involving negligent truck drivers are not just like crashes involving cars and light trucks. Pedestrians and cyclists can get hurt, too. Options for seeking compensation will depend upon the specifics of the collision and how you were hit. After you were hit by a negligent truck driver, it is essential to know about the steps to take to be able to seek compensation. You should learn about gathering information and seeking medical attention. It is also important to understand the time limits for truck driver negligence claims. When you have been injured by a negligent truck driver, it is also essential to understand the wide range of injuries for which you may be able to seek compensation. So were you hit by a negligent truck driver? Consider some of the following important information.
Know What Constitutes Truck Driver Negligence
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Were you recently injured in a crash caused by a negligent truck driver? It is essential to know what constitutes truck driver negligence. Generally speaking, negligence means failing to act as a reasonable person would under the circumstances. For a truck driver, negligence involves failing to act as a reasonable trucker would under the same or similar circumstances. A truck driver’s negligence can involve a specific act or omission. Negligence typically involves careless or reckless behavior. The following are examples of truck driver negligence in Ohio:
- Speeding, which may involve traveling at a speed beyond the posted speed limit or traveling too fast for conditions in wintry or other inclement weather;
- Tailgating, or following too closely;
- Attempting to weave in traffic;
- Passing other cars and trucks on the right;
- Attempting to force car drivers to speed up by following too closely;
- Drinking alcohol and driving;
- Driving while under the influence of drugs or alcohol;
- Texting while driving;
- Eating while driving, resulting in distracted driving;
- Other forms of distracted driving;
- Fatigued or drowsy driving;
- Continuing to drive when the trucker knows the trailer is overweight or improperly loaded; or
- Violating hours of service regulations from the Federal Motor Carrier Safety Association (FMSCA).
There are many ways that truckers can be negligent. Above are just some examples of truck driver negligence. When a truck driver hits you, it will be important to determine whether the trucker’s negligence caused the accident or whether another party may be liable for the accident and your injuries.
Take Important Steps After the Trucking Collision
After you have been hit by a negligent truck driver, you need to take specific steps, if possible. Taking the following steps can help you to preserve your ability to seek compensation later on.
Gather as Much Information as You Can at the Scene of the Truck Accident
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You should gather as much information as possible at the scene of the truck accident. Trucking collisions can be devastating, and they can cause severe and life-threatening injuries. As such, you may not be in a physical or psychological state to gather evidence. If you can, however, it is important to do so. You should take photographs at the scene of the truck crash, including pictures of the vehicles and the overall scene. It is also vital to ask witnesses to the crash for their contact information. You will likely need this later on when you file a lawsuit. In addition, it is critical to call 911 to have the police and emergency responders arrive at the scene. The police report can also be significant evidence in any subsequent claim or lawsuit you file. In the police report, the trucker’s negligence might be noted. The trucker also might be cited for the accident by the police when they arrive at the crash scene.
Seek Medical Attention as Soon as Possible
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You must seek medical attention as soon as possible after an injury caused by a negligent truck driver. Most often, people injured in truck accidents know they have been hurt and see a doctor quickly. In many cases, victims in trucking collisions must be transported to a nearby emergency department by first responders. Yet if you are not sure how severe your injuries are, you still need to see a healthcare provider quickly for an assessment. There is a good chance that your injuries are more severe than you think. Indeed, some serious injuries do not produce immediate symptoms or signs. However, a doctor can identify those injuries and begin treating you quickly. If you wait too long to obtain treatment, your injuries could worsen. When that happens, the at-fault truck driver could argue that you are also partially at fault for your injuries. In this type of situation, Ohio’s comparative fault law could result in your award being reduced by your portion of fault. If the court decides you are 51% or more at fault for your losses, you will be barred from recovery.
To prevent any issues concerning contributory fault, you should see a doctor immediately.
Report the Collision to Your Insurer
Were you in a car or light truck or SUV when the negligent trucker hit you? Or were you on your motorcycle when a negligent truck driver caused an accident? If any of those circumstances apply to you, you must report the truck accident to your insurer as soon as possible. Regardless of whether you ultimately file a claim with your insurer, it is essential to report the accident to comply with your policy.
Types of Accidents Involving Negligent Truck Drivers
Many crashes caused by negligent truck drivers involve other motor vehicles. At the same time, negligent truckers can cause other types of collisions. The following are examples of some of the types of accidents that can involve careless or reckless truck drivers:
- Head-on collisions involving other cars, light trucks, SUVs, or motorcyclists;
- Rear-end crashes involving other cars, light trucks, SUVs, or motorcyclists;
- Side-swipe accidents that involve other cars, light trucks, SUVs, or motorcyclists;
- T-bone accidents or side-impact collisions involving other cars, light trucks, SUVs, or motorcyclists;
- Crashes involving other cars, light trucks, SUVs, or motorcyclists caused by red-light running;
- Collisions involving other cars, light trucks, SUVs, or motorcyclists resulting from speeding;
- Distracted driving accidents that involve other cars, light trucks, SUVs, or motorcyclists;
- Fatigued or drowsy driving crashes that caused injuries to occupants in other cars, light trucks, SUVs, or motorcyclists;
- Collisions with pedestrians; or
- Accidents involving bicyclists.
Determine How You Can Seek Compensation After Being Hit by a Negligent Truck Driver
After you are hit by a negligent truck driver, it is critical to determine how you can seek compensation. Typically, you may have a couple or a few options:
- File a first-party insurance claim with your own auto insurer;
- Determine if you can file a third-party claim with the insurer for the negligent truck driver; or
- File a lawsuit against the negligent truck driver and any other party that is liable for the crash.
Identify Who Might Be Responsible for Your Truck Accident Injuries
Who else can be liable for a truck accident when the collision resulted from the truck driver’s negligence? You might assume that getting hit by a negligent truck driver means that only the driver is at fault. While a negligent truck driver certainly may be at fault and responsible for damages, other parties could be liable, too. The following are examples of other parties who you might be able to sue in a truck accident:
- Employer of the truck driver according to the doctrine of respondeat superior (i.e., an employer is responsible for an employee’s negligence);
- Company that loaded the trailer if it was improperly loaded;
- Mechanic who negligently repaired or maintained the truck;
- Designer or manufacturer of a defective truck part; or
- Owner of the road or other premises where the crash happened.
There are many circumstances in which a truck driver and another party (or multiple parties) are liable for a truck crash. In some cases, a truck driver’s negligence might have contributed to the crash along with another party’s negligence. At the same time, the trucker’s employer can be liable for the employee’s negligence. This is true even if the employer did not know that the driver was drowsy, or did not have any other information about the crash. Merely employing another person can make the employer liable when the employee is negligent. When you file a lawsuit against two or more parties, those parties may have damages apportioned. In other cases, a party like the trucker’s employer could be responsible for paying all damages. It will depend upon the circumstances of your case.
Know the Timeline for Filing a Lawsuit
If you were hit by a negligent truck driver, it is critical to know about and keep track of the timeline for a lawsuit. Every truck accident lawsuit in Ohio has a statute of limitations. Under Ohio’s personal injury statute of limitations, the truck accident timeline is likely two years from the date of the crash. If you do not file your lawsuit within that two-year window, you will have a time-barred claim. Once a claim is time-barred, an injured plaintiff cannot obtain damages. This is true even if the truck driver’s negligence is obvious and there is substantial evidence.
Common Injuries When People Are Hit By Negligent Truck Drivers
You should know that many different types of injuries result from truck crashes. In other words, if you were hit by a negligent truck driver, you may be able to obtain compensation for a range of injuries. Generally speaking, truck accident injuries can range from mild to severe. For many truck accident victims, injuries are serious and debilitating. The Insurance Institute for Highway Safety (IIHS) explains that collisions involving large trucks and smaller vehicles are frequently deadly. At the same time, truck accidents can occur that result in less severe injuries. No matter how minor or serious your injuries might be, you could be able to obtain damages. The following are just some examples of injuries for which truck accident victims can seek compensation:
- Traumatic brain injuries (TBIs), including concussions and moderate to severe brain injuries;
- Bone fractures, including skull fractures and broken bones in other parts of the body;
- Facial disfigurement;
- Traumatic amputations;
- Internal bleeding;
- Organ damage;
- Cuts and lacerations; and
- Bruises and contusions.
Seek Advice From a Truck Accident Lawyer in Hamilton, Ohio
When you have been hit by a negligent truck driver, it can be difficult to know what to do. Collisions themselves can be extremely disorienting, and truck accidents often result in severe injuries. If you were hit by a negligent truck driver, one of the most important things to do is to seek advice from a Butler County truck accident attorney as soon as possible. The quicker you contact a lawyer, the sooner you may be eligible for compensation. An experienced attorney can also evaluate your specific case and provide you with more information about what to expect. The specific steps in your case will depend upon various facts, including how the accident happened, where it occurred, and whether more than one party may be liable.
One of the experienced trucking accident attorneys at the law firm of Kruger & Hodges is here to help you with your case. Do not hesitate to get in touch with us for assistance. Contact the law firm of Kruger & Hodges today to speak with an advocate about filing a claim.
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