Truck accidents frequently result in catastrophic injuries and expensive medical costs. Because commercial trucks are significantly larger and heavier than the typical passenger vehicle, the potential for destruction in these types of accidents is high. If you suffered injuries in a collision with a truck, an experienced Sylvania truck accident lawyer can help you pursue damages.
At Groth & Associates, we will use our 65+ years of experience to help build a strong case on your behalf so you can recover fair compensation. Our experienced team of Sylvania personal injury lawyers will work around the clock to secure a favorable outcome. Get in touch with us to set up your free case evaluation with a member of our team today.
Parties Commonly Liable in Truck Accident Cases
Before you can file a lawsuit and begin the process of recovering compensation for your injuries, you must first determine who is liable for your truck accident. In addition to the truck driver, there are several other parties that can potentially hold a level of liability for your damages. A few of the other parties most commonly found at fault for truck accidents include:
- The trucking company
- The manufacturer of the truck
- The company that loaded the truck
- Any company that performed maintenance on the truck
- A parts manufacturer
- A third-party driver whose actions led to the crash
This list is far from exhaustive. Several other parties could potentially be responsible, depending on the specific details of your case. An experienced truck accident attorney serving Sylvania can conduct an investigation into your accident to determine who you can take legal action against.
For a free legal consultation with a truck accident lawyer serving Sylvania, call (419) 930-3030
Proving Negligence in a Truck Accident Case
To recover compensation for the damages you sustained, you will need to prove that your accident was caused by another party’s negligence or intentional actions. To establish negligence, you must prove four elements:
- Duty of care
- Breached duty of care
- Causation
- Damages
Duty of Care
The first step in establishing negligence is proving that the defendant owed you a duty of care. In most cases, showing that a duty of care existed is straightforward.
For example, when pursuing compensation from a trucking company, proving that you were involved in an accident with one of their vehicles is enough to establish the presence of a duty of care. These companies are responsible for ensuring that their vehicles are maintained and that their drivers receive adequate training for the safety of everyone on the road.
Similarly, the duty of care of a truck driver is clear, as every driver owes a duty of care to all those around them when behind the wheel.
Breached Duty of Care
Once you have established the existence of a duty of care, you need to prove that the liable party breached this duty. When pursuing compensation from a trucking company, showing that they failed to carry out routine maintenance of their trucks or that they did not provide their drivers with adequate training will work for proving a breach of duty.
When filing a claim against a truck driver, some of the most common ways in which you can prove that they violated their duty of care include showing that they were engaged in unsafe activities, including:
- Speeding
- Driving under the influence
- Using a cell phone while driving
Causation
The final step is to tie the other elements together. An experienced truck accident lawyer in Sylvania can help show the court how the damages you incurred were the direct result of the liable party breaching their duty of care.
Damages
The next step is proving that you incurred damages related to the accident. The easiest way to prove your damages is with your medical records and all related medical bills.
Personal Injury Lawyer Near Me (419) 930-3030
Damages Commonly Available Following a Truck Accident
After sustaining severe injuries in a truck accident, there are several different damages you will likely be able to claim. Some of the damages most commonly awarded in truck accident cases include:
- Emotional distress
- Lost wages
- Decreased earning ability
- Pain and suffering
- Medical bills
- Future medical expenses
- Mental anguish
- Loss of companionship
- Diminished quality of life
- Property damage
- Permanent disability
In some cases, punitive damages are also available. Punitive damages are only used in extreme cases where the liable party was grossly negligent or intended to cause harm. After a loved one dies in a truck accident, a Sylvania wrongful death lawyer can assist you in filing a wrongful death lawsuit to recover the money you need.
The Cost of Hiring a Truck Accident Attorney in Sylvania
At Groth & Associates, we represent clients in truck accident cases on a contingency fee basis. What this means is that you will not pay anything for our services unless we are able to recover damages on your behalf. If we succeed in getting you money, we will collect a single fee, paid at a fixed rate directly from the money you recover, at the conclusion of your case.
With this fee structure, we are able to provide any accident victim with access to experienced legal counsel, regardless of their financial status. When we accept your case, we will handle everything so you can focus on your health. We will ensure that your lawsuit is filed before the personal injury statute of limitations in Ohio deadline and prepare a strong case on your behalf.
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Reach Out to Us Today to Set Up a Free Case Review With One of Our Experienced Truck Accident Lawyers Serving Sylvania
After sustaining damages in a truck accident, recovering compensation from the party responsible for your damages can be critical for rebuilding your life. The best way to ensure you recover the money you need and deserve is by hiring an experienced lawyer. At Groth & Associates, our team of Sylvania truck accident attorneys will work tirelessly on your behalf.
Contact us today by phone or by filling out our online contact form to schedule a free initial case consultation with a member of our legal team.
Call or text (419) 930-3030 or complete a Free Case Evaluation form