In a truck accident case, the liable party is generally the individual or entity whose negligence caused the accident. In some truck accident cases, more than one negligent party bears financial liability.
A Columbus truck accident lawyer can investigate the details of your case and identify the at-fault party and their degree of liability. They will work to prove the four legal elements of negligence and help you fight for a fair financial settlement.
How Negligence Determines Liability for Semi-Truck Accidents in Columbus, OH
Proving liability for your semi-truck accident means documenting the four legal elements of negligence:
- Duty of care: The at-fault party owed you a duty of care. For example, they were expected to operate their truck safely and responsibly and keep their truck in proper working order.
- Breach of duty: The at-fault party’s actions did not meet their legal duty because they drove recklessly, failed to make needed repairs to the truck, improperly loaded or balanced the truck’s cargo, etc.
- Causation: A direct correlation exists between the at-fault party’s actions and the collision. In other words, the accident would not have occurred but for their action or failure to take appropriate action.
- Damages: The accident led to economic and/or non-economic damages, such as medical care, lost wages, pain and suffering, etc.
When these elements determine negligence, they steer your personal injury lawyer toward the at-fault party and steer your case toward an out-of-court settlement.
The Negligent Truck Driver or Their Employer Could Bear Liability for a Columbus Accident
The truck driver is responsible for their vehicle’s safe and appropriate operation. In some cases, the truck company they drive for could also be liable. This can happen if:
- The trucker was driving under the influence.
- The trucker was improperly trained or licensed.
- The trucking company failed to vet the trucker properly.
The company might also be automatically liable if the driver was acting within the scope of their employment when the accident occurred.
The Manufacturer of the Truck or its Parts Could Be Liable for Your Accident
Determining whom you can sue for a truck accident can be difficult. While your immediate reaction might be to sue the driver or trucking company, the truck manufacturer or a maker of truck parts might also bear liability.
This can happen, for example, if the truck or its brakes, tires, windshield, wipers, engine, or other parts were flawed, faulty, or otherwise malfunctioning.
Additional Parties Who Could Be Liable for Your Columbus Truck Accident
The party responsible for repairing the truck involved in your accident or the party responsible for loading, balancing, and securing its cargo could also be accountable for your accident. Our legal team will consult relevant experts to investigate these facilities.
Your Truck Accident Attorney Can Assess Your Financial Recovery in Columbus
After your personal injury attorney determines where liability falls in your case, they will create a carefully detailed list of your recoverable damages, such as:
- Accident-related medical expenses
- Accident-related income losses
- Loss of future earning capacity
- Property damage, including vehicle loss or diminished value
- Physical disability or disfigurement
- Physical and emotional pain and suffering
- Lost enjoyment of life
- Wrongful death damages, where applicable
Your commercial truck accident attorney will document your damages and their financial value and submit them with your demand letter to the responsible party or parties and their representatives. They can also explain any damage caps on truck accidents in Columbus that pertain to your case.
It Is Never Too Soon to Get Legal Support After a Commercial Vehicle Accident in Columbus
No matter how hard you work to determine liability in a Columbus truck accident case, your case could be in jeopardy if you do not file it on time. State-mandated filing deadlines that could apply to your case include:
- Ohio Revised Code Section 2305.10, which generally gives you two years to file a personal injury lawsuit
- Ohio Revised Code Section 2125.02, which generally gives you two years to file a wrongful death lawsuit
Meeting the statute of limitations can be challenging because it can fluctuate based on several factors. Our team at The Fitch Law Firm LLC can explain more about the importance of filing your truck accident lawsuit on time.
What You Can Expect From Your Truck Accident Lawyer Serving Columbus
Physical and emotional recovery from a truck accident can be daunting. While you focus on taking care of yourself and your family, your Columbus truck wreck attorney will take all the following steps to strengthen your case:
- Investigate your truck accident
- Obtain a copy of the official police report
- Locate and interview witnesses
- Canvass the accident scene
- File your truck accident claim or personal injury lawsuit
- Handle case-related communication with the liable party and their insurance company
- Provide ongoing updates on your case
- Explain Ohio law and its applications
- Negotiate for fair compensation
Your truck accident case may benefit from having a truck accident lawyer represent you. When you choose our team, we will be by your side from start to finish.
Our Team at The Fitch Law Firm LLC Wants to Hear About Your Case From You
The law firm you choose to represent you after a truck accident matters. When you hire our personal injury law firm, we will fight hard with your best interest at heart. We offer:
- Responsive, compassionate legal care
- A no-cost, no-obligation consultation
- A no-win, no-fee policy
- 24/7 availability
We want to hear about your accident and its effect on your life from you, not from reading documents and reports. Our team members will even travel to you as needed.
Get Your Free Truck Accident Consultation Now
If you or a loved one was injured in a recent collision with a large commercial truck, our law firm will explain how to determine liability in a Columbus truck accident case. At The Fitch Law Firm LLC, we have over 30 years of experience in personal injury cases. Contact our consultation team today to learn more about building your case and seeking financial compensation.