The Seriousness of Big Truck Accidents
There are no vehicles on the highways quite like big rig trucks. Accidents involving commercial vehicles are often deadly and leave a trail of debris all over the roadway, not to mention multiple victims in many cases. Those who do not perish are often left permanently injured. Regardless of how many people are injured and what the extent of their injuries actually are, the respondent insurance companies still want to control every aspect of negotiations when the case is being investigated and evaluated for settlement. Fatal accidents are common and usually result in wrongful death claims beyond personal injury damages, cases of which are always defended vigorously. The result is that it is absolutely necessary to have an aggressive and experienced Cleveland truck accident attorney handling your case when legalities are at work.
Determining Fault
The state of Ohio recognizes tort law when a trucking accident is being adjudicated. The legal issue largely centers on reasonable duty of care regarding the truck driver and the amount of contribution to the accident by the injured plaintiff. Insurance company adjusters can be difficult at this determination in a wrongful death claim because personal contribution to accidents could easily result in no coverage at all when the injured plaintiff driver is over 50% at fault. The defendants must always have a reasonable duty of care to the injured claimant.
Reasonable Duty of Care
When reasonable duty of care is evaluated, the employing trucking company could also be held liable. This is intensified if they have an extensive record of citations or are lax in maintenance and inspection involving their trucks. This could also be a negligence issue for a driver as well when they fail to perform required inspections or drive beyond the hours limit for truck drivers, including monthly hour limits. The insurance company will also be involved in trying to deflect fault to any other party because it has a dramatic impact on settlement amounts.
Potential Damages
Trucking companies and their drivers tend to carry significantly higher insurance caps than traditional vehicle owners, and the potential for a whole damage award is often available. This is especially true if a case goes to trial and the jury awards punitive damages as well, which is not uncommon. Even in cases where the truck operator is completely at fault, insurance settlements can still be significant even if the case does not go to trial. Full non-economic damages for pain-and-suffering can still amount to a substantial award when you have a Cleveland truck accident attorney fully protecting your financial recovery rights.
Injured victims should never attempt handling a truck accident injury case without legal representation. Ohio Accident Attorneys can get you in contact with a Cleveland truck accident attorney that can analyze your case and pursue necessary legal action. Contact us today for a free case evaluation.