New Law Aimed at Reducing Unsecured Load Truck Accidents in Ohio
Posted in: Truck Accidents
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Legal Help for the Injured
Large trucks and commercial vehicles fill Ohio’s roadways and interstates like I-70, I-90, I-480, and I-490. Cleveland is no exception.
When trucks crash, devastating injuries can occur. If you suffered in a truck crash caused by negligence, contact our Cleveland truck accident lawyers right away. At Kisling, Nestico & Redick, our Cleveland attorneys, know that being hurt in a truck accident can turn your life upside down. You may not know how to handle a serious truck accident, from medical bills to lost wages.
Our attorneys know what to do and will fight to obtain everything you deserve after a truck accident. To schedule a free, no-risk consultation with a truck accident lawyer near you, call (216) 658-1330 today.
To assign responsibility, you must determine the underlying cause of the truck collision. After the crash, an officer will conduct a cursory investigation. The trucking company and its insurer will also perform an investigation.
However, you should not rely on either the police report or the other insurer’s conclusions. It is best to work with an experienced semi truck accident lawyer who will thoroughly and independently investigate the cause of the accident.
The most common causes of truck accidents include:
At Kisling, Nestico & Redick, we have handled truck accident claims in Cleveland for decades. We have recovered compensation in all types of truck crashes, including:
Cleveland is home to many high-traffic areas and busy intersections, where unfortunately, serious truck accidents can occur due to negligent driving. According to the Ohio Department of Transportation, some of the most dangerous intersections and roadways in Cleveland include:
These intersections are particularly prone to truck and other vehicle collisions due to high volumes of traffic and complex road layouts. If you’ve been injured in an accident at one of these locations, KNR’s Cleveland truck accident lawyers can help you navigate the legal process and pursue maximum compensation.
Due to their size and weight, truck accidents often result in severe injuries. At KNR, we understand the impact these injuries have on victims and their families. Common injuries from truck accidents include:
If you suffered any of these or other injuries in a truck accident, KNR can help you pursue compensation for medical expenses, lost wages, pain, and suffering.
Truck accident injuries can have long-term consequences that impact victims’ lives in profound ways. Severe injuries like TBIs, spinal cord injuries, or amputations often require ongoing medical care, physical therapy, and other forms of rehabilitation. In some cases, victims may suffer from PTSD or other psychological effects, which can make it challenging to return to daily life or employment.
The impact of these long-term injuries can also extend to the victim’s family, as they may need to provide additional care and support. At KNR, we understand these lasting effects and will pursue compensation that accounts for future medical expenses, loss of income, and pain and suffering.
The severity of your truck accident injuries plays a significant role in determining the value of your claim. More severe injuries generally result in higher medical bills, longer recovery periods, and more substantial lifestyle changes, all of which increase the compensation you may be eligible for. Serious injuries like spinal cord damage, brain injuries, and wrongful death claims often lead to higher settlements or verdicts because they involve extensive care needs, potential lifetime income loss, and significant emotional distress.
By working with KNR, you’ll have an experienced attorney who can effectively document the full impact of your injuries, including the extent of physical, emotional, and financial damages. We will fight to ensure that the severity of your injuries is accurately reflected in the compensation you receive.
If you were involved in a Cleveland truck accident, the following could help you prepare for an insurance claim or lawsuit:
After a Cleveland truck accident, it’s essential to determine who is liable—whether it’s the driver, the trucking company, or another party. Liability rests with the party whose negligence caused the collision, such as the driver speeding or the company failing to maintain the truck. Identifying the responsible party allows you to pursue compensation from their insurer or directly from the business if needed.
Negligence arises when a party or business fails to act reasonably. Instead, its actions increase the probability of an accident. Another way to think of negligence is carelessness. When a person acts carelessly, they potentially place themselves and others in harm’s way.
CDL (commercial driver’s license) holders must obey the rules of the road. This means complying with federal trucking regulations and acting carefully to avoid an accident. The truck driver is negligent when they fail to take these steps.
However, truck drivers are not always the negligent party. The truck driver’s employer is often responsible, and their neglect is the underlying cause of the collision.
Trucking companies that fail to inspect and maintain their vehicles properly are negligent. For example, a runaway truck accident could occur if poorly maintained brakes fail.
These factors must also be considered in construction zones. Construction companies and municipalities need to ensure signs and safety equipment are visible yet do not impede the driver’s ability to drive safely.
In some circumstances, truck accidents arise because the roadways or work zones are poorly designed and do not take into account the size, weight, and limitations of commercial vehicles.
The FMCSA and the state of Ohio both enforce several regulations. Some of the ones we often address during truck accident cases in Franklin County include:
At KNR, we are well-versed in FMCSA regulations and will thoroughly analyze the evidence for any violation. Identifying and proving such violations is crucial in establishing negligence, which can strengthen your case and ensure you obtain the compensation you deserve.
At first glance, a violation may seem minor. However, failure to conduct even one inspection could lead to a defective truck going out, placing the driver and other motorists at risk. Prior violations can establish a truck driver or motor carrier negligence. Therefore, they should be held liable for your injuries.
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Fight for Everything You’re Owed
When a truck accident injures you, and it is another person or business’s fault, we are here to help you pursue full and fair compensation for your injuries.
The attorneys at KNR have successfully assisted numerous Cleveland truck accident victims in securing the compensation they deserve. For example, we recently helped a victim in Cuyahoga County recover damages after a collision with a negligent truck driver.
You may be eligible for compensation for:
Whether through an insurance settlement or a court award, your truck accident compensation should cover both special and general damages.
Special damages refer to the economic losses you’ve experienced, including medical expenses, rehabilitation costs, and lost wages due to your injuries. This category also encompasses any reduction in earning capacity as a result of the accident.
General damages cover your non-economic injuries, such as pain and suffering, emotional distress, and mental anguish. Valuing these damages is subjective, and we may encourage you to keep a journal documenting your pain and psychological impact to strengthen your case.
If the at-fault party acted particularly recklessly, you might be entitled to punitive damages. These are designed to punish the wrongdoer rather than compensate you for injuries.
If a loved one initially survived a truck accident but later passed away, their estate can pursue a personal injury claim for the damages incurred from the accident to the date of their death. This is known as a survival action.
If your relative died immediately from their injuries, you would need to pursue a wrongful death claim. This claim covers your mental anguish, the loss of income, services, and companionship due to their passing.
Following a truck wreck, the best way to get compensation is typically through an insurance settlement. The trucking company should have a liability policy with a significant policy limit. The truck driver also should have an insurance policy. As an independent contractor, the truck driver typically needs proof of insurance to work.
However, the presence of an applicable insurance policy does not guarantee a settlement or a smooth claim process. You can run into all sorts of issues when pursuing a truck accident settlement.
The minimum policy limit depends on the truck’s weight and the cargo type. For example, vehicles under 10,001 pounds moving non-hazardous freight must have at least $300,000 in coverage.
These regulations are often helpful to truck accident victims. Such insurance requirements increase the likelihood that the at-fault party has insurance. Also, truck drivers and companies’ policy limits are higher than personal auto insurance requirements. As a result, there is a greater likelihood of obtaining a fair settlement for your injuries.
The insurer is not focused on your best interests. Instead, they want to protect the policyholder and its bottom line. It will only pay out if it has to. Even then, it will work to pay you as little as possible.
You should be cautious in communicating with the truck driver or company’s insurer. The insurance company will try and get you to make a statement on the record. Your best response is to decline and speak with a Cleveland 18 wheeler accident lawyer.
Comparative negligence claims are common following truck accidents. Kisling, Nestico & Redick regularly fights claims that our clients were negligent. We strive to reduce your percentage of liability for the collision.
The insurer will also want to look into your medical history. Insurers often ask crash victims to sign a medical waiver, which gives the insurer the right to look through all of your medical records -not only the records associated with your truck accident injuries.
By working with an attorney, you can avoid this. Your lawyer will ensure the adjuster receives the necessary medical records but cannot dig into your past and blame your injuries on something from before the crash.
However, a settlement is not always possible. You may find that the truck driver or trucking company was not insured as required. Or, the insurer may have wrongfully denied your claim and refused to settle. Another possible problem is an insurer that simply refuses to negotiate in good faith and resolve the claim for a fair amount.
When we cannot obtain a pre-trial settlement and the insurer is acting in bad faith, we will prepare for trial.
Then, after establishing that negligence occurred and caused the crash, you must also prove you suffered injuries. You will need to present evidence of the type and severity of your injuries and the financial costs associated with these injuries.
During a trial, we will present this information to a judge and jury. It is up to us to present the evidence in the most persuasive manner possible to convince the jury of the other party’s liability and the value of your injuries.
One of the pre-trial phases is discovery. During discovery, the parties exchange information through interrogatories (questions), requests for documents, and depositions (out-of-court interviews with witnesses and relevant parties).
Discovery is essential to our investigation. Prior to filing a truck accident lawsuit and discovery, we will begin our independent investigation into the crash and gather as much evidence as possible.
However, there will be information and records controlled by other parties that we cannot obtain outside of discovery. For example, during discovery, we can obtain the trucker’s driving log and employment history, the trucking company’s maintenance records, the trucking company’s history of accidents, and the truck’s stored electronic data.
Gathering evidence during a truck accident claim is critical. At Kisling, Nestico & Redick, we obtain a copy of the police report. We gather any photos you or your witnesses took. We look for possible video footage from nearby traffic, weather, or surveillance cameras.
Our team will seek out witnesses who did not automatically come forward and ask all of the witnesses to provide statements regarding what they saw and heard leading up to and during the accident.
KNR will also thoroughly investigate the background of the truck driver and trucking company to see if there is a history of traffic violations, accidents, or regulatory violations.
During truck accident cases, we may hire one or more experts to support your claim. Our team may hire an accident reconstructionist, engineer, or other trucking experts to testify regarding the other party’s actions and why they amounted to negligence.
KNR might also hire a medical expert to discuss your injuries, including the pain you suffered and the future medical care you will need. Additionally, if you suffered serious injuries, we may hire a vocational or economic expert about your ability to work and your lost earnings.
Witnesses to your truck crash can make a significant difference, especially if a witness is an objective third party. If someone saw the crash and is willing to testify, we will ask them to speak in court regarding what they saw and heard.
Insurers require that you notify them of a claim soon after the accident. Waiting to notify the insurer can lead to your claim being denied based on the delay.
Contact a truck accident lawyer if you are worried about the statute of limitations.
Our 36-year-old client was visiting a private home to pick up a customer’s dog for dog training. As…
What Makes KNR Special?
At Kisling, Nestico & Redick (KNR), we are committed to making the recovery process after a truck collision in Cleveland as smooth as possible. Dealing with insurance claims can be overwhelming when you’re in pain, but our experienced lawyers know how to get results.
With 500+ years of combined legal experience and millions recovered for Ohio clients, including many right here in Cuyahoga County, we’re confident in our ability to help you secure maximum compensation.
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Whether you’re a victim seeking compensation or someone looking to understand your rights and responsibilities, it’s crucial to have clear, accurate information at your fingertips.
From understanding liability to knowing the steps to take after a collision, we aim to provide the guidance you need during this difficult time.
If you or a loved one has been injured in a truck accident in Cleveland, KNR is here to help. With multiple locations across Ohio, we proudly serve the Cleveland area and offer free, no-obligation consultations. Our experienced team is ready to assist you in navigating the complexities of your case. Call (216) 658-1330 today for your free consultation.
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We have a long history of fighting for people in Cleveland truck accident cases. To find out more, call (216) 658-1330 or complete our online form. We offer 100% free initial consultations, and there are no costs unless you recover compensation.
