Ohio Truck Accident Laws: Why A Standard Car Accident Lawyer Isn’t Enough For Your Canton Claim

Large trucks are an integral part of the economic infrastructure of the United States, including Ohio. However, the close proximity of large vehicles, such as trucks, to small passenger cars on roadways inevitably leads to accidents, some of which cause serious injuries. If you need to file a personal injury claim after a truck accident, you’ll need a lawyer with a thorough knowledge of Ohio truck accident laws.

Truck Crash Statistics

Truck crashes are not uncommon in our modern world. From 2023 to the present, the state of Ohio has documented over 29,000 crashes for which the driver of a commercial vehicle, including large trucks, was found liable. In 2023, 9% of vehicles involved in fatal accidents in the United States were large trucks. Collisions between large trucks and smaller passenger cars can result in serious injuries due to the size difference alone.

Laws Regarding Truck Accidents in Ohio

Truck accident injury cases are similar to other cases involving vehicle accidents, but there are some key considerations that make it important to hire a lawyer with a thorough knowledge of the laws that apply to truck accidents in Ohio. Some particular considerations are as follows: 

• Statute of limitations. In Ohio, there is a two-year statute of limitations for filing personal injury claims, including those resulting from truck accident injuries. After that amount of time has passed, victims cannot usually pursue compensation through the legal system. This statute of limitations is established in Section 2305.10 of the Ohio Revised Code.
• Questions of liability. When an accident involves a large truck, the driver is usually working for a larger trucking company. In these cases, there are a number of entities that could be deemed liable for the accident, including the driver, the company, the company’s insurance, maintenance workers, or even the people who loaded the cargo. A good attorney should be able to make a convincing argument regarding liability.
• Comparative negligence law. Ohio uses an at-fault system for auto accidents, meaning that the party that caused the accident is ultimately responsible for damages. However, Section 2315.33 of the Ohio Revised Code establishes that, even if both drivers contributed to an accident, the driver deemed most responsible can be approached for damages, while the less liable driver cannot.
• Federal regulations. A practiced Ohio truck accident lawyer should also be familiar with federal regulations in place for truck drivers. These are established by the Federal Motor Carrier Safety Administration and include requirements for commercial driver’s licenses and training, as well as regulations on equipment safety and operation.

An attorney with little or no experience in truck accident cases would likely not have deep enough knowledge of all of these considerations to represent truck accident victims appropriately. If you need representation for a truck accident injury case, your lawyer should have a firm grasp of these and any other truck-specific aspects of personal injury law.

Potential Compensation After a Truck Accident

As with any other personal injury settlement, the goal of a compensation package for a truck accident injury is to return the victim’s life, as much as possible, to the way it was before the accident. General aspects of personal injury compensation include the following: 

• Medical expenses. All medical bills resulting from treating the injury should be covered by the settlement. This includes both immediate emergency care, such as an ambulance ride or emergency surgery, and ongoing expenses, such as physical therapy or medications.
• Lost wages. People who are injured in accidents often need to miss considerable amounts of work, resulting in lost paychecks and financial stress for victims and their families. Compensation should offset these losses.
• Pain and suffering. Although it may seem difficult to quantify something like pain and suffering, this is a standard component of personal injury compensation. Pain and suffering include both physical pain and psychological trauma or emotional distress.

In some personal injury cases, a court can also approve an attorney’s request for punitive damages. These are damages beyond the victim’s losses, and they are usually only imposed if the defendant’s conduct was especially egregious or amounted to willful harm. For example, if a truck driver was texting while driving and speeding, then proceeded to run a red light and caused an accident, that situation would likely merit punitive damages.

FAQs

How Much Does a Truck Accident Lawyer Cost in Ohio?

The cost to hire a truck accident attorney in Ohio depends on the complexity of the case and individual attorneys’ rates and fees. Many lawyers who take on personal injury cases work on a contingency basis. Rather than requiring an up-front retainer fee, lawyers receive a percentage of any settlements they secure for their clients.

How Long Does It Take for a Personal Injury Case to Settle?

Each personal injury case is unique, and the time it takes for a case to settle depends on the particulars of that case. Generally, personal injury cases cannot be fully resolved until medical bills associated with the injury have stopped accumulating. For some injuries, particularly serious ones, this can take some time.

Do Most Personal Injury Cases Go to Trial?

No, most personal injury cases do not go to trial. In the vast majority of cases, a satisfactory settlement can be reached before ever entering a courtroom. If the plaintiff’s case is legitimate, most defendants would rather settle than go through the expensive process of a trial, only to be ordered to pay the disputed compensation anyway.

What If a Loved One Died as a Result of a Truck Accident?

If you have lost a loved one because of a truck accident, you may have legal grounds to file a wrongful death claim against the truck driver, the trucking company, or their liability insurance company. Consult a lawyer to discuss your options and find out if you have a promising case.

Need to File a Claim? Hire a Truck Accident Attorney

If you or a loved one were injured in a truck accident, you have options to pursue compensation. Contact Rumizen Weisman Attorneys to discuss your case.