Catastrophic injuries and high medical expenses are common in truck accident cases. Because these trucks are so much larger and heavier than the average passenger vehicle on the road, the damages resulting from a crash can be catastrophic. If you were injured in an accident, an experienced Berkey truck accident attorney can help get you the money you need.
At Groth & Associates, we have a long history of taking on the big trucking companies and winning. Our experienced team of Berkey personal injury lawyers will guide you through every step of the process and help you get the money you need. Reach out to us today to schedule your free case consultation with someone from our legal team.
Parties Commonly Liable in Truck Accidents
The first step to recovering money after suffering damages is to identify the liable party in your truck accident. In addition to the driver of the truck, there are a variety of parties that can potentially hold a level of liability in these cases. Some of the other most common at-fault parties include:
- The trucking company
- The company that loaded the truck
- The truck manufacturer
- A parts manufacturer
- A company that performed maintenance on the truck
- A third-party driver whose actions caused the crash
This list is not exhaustive. Depending on the details of your case, several other parties could also be to blame. An experienced truck accident attorney in Berkey can investigate your accident to determine who was to blame so you can file a lawsuit against them and recover the money you need.
For a free legal consultation with a truck accident lawyer serving Berkey, call (419) 930-3030
How to Prove Negligence After a Truck Accident
You will need to prove that your truck accident was the result of negligence or an intentional act in order to recover compensation. There are four elements that must be present to prove negligence:
- Duty of care
- Breached duty of care
- Damages
- Causation
Duty of Care
The first thing you will need to do is prove that the liable party owed you a duty of care. Proving the existence of a duty of care is typically straightforward.
For example, if you are attempting to recover compensation from the trucking company, simply showing that the accident involved one of their vehicles establishes that they owed you a duty of care. These companies have a responsibility to ensure that all their drivers receive proper training and that all their vehicles are properly maintained for the safety of everyone on the road.
When filing a claim against a truck manufacturer, these companies have a duty of care to ensure the vehicles they make are reasonably safe.
Breached Duty of Care
After proving that the liable party owed you a duty of care, you will have to show how they violated their duty of care. When attempting to recover damages from a truck driver, you can prove a breached duty of care in a variety of ways, including showing that they were:
- Speeding
- Under the influence
- Texting while driving
When pursuing damages from a trucking company, showing that they failed to provide their drivers with the required training or did not perform routine maintenance on their trucks will work for proving a breached duty of care.
Damages
The next thing you will need to prove is that you incurred damage as a result of the accident. The easiest way to establish damages in these cases is through your medical records and corresponding medical bills.
Causation
The last thing you need to do is prove how all the pieces fit together. An experienced truck accident lawyer serving Berkey will be able to clearly demonstrate to the court how your damages were directly caused by the liable party breaching their duty of care.
Personal Injury Lawyer Near Me (419) 930-3030
Damages That Can Be Recovered Following a Truck Accident
After a truck accident in which you suffered significant injuries, you will likely be eligible to recover a wide array of damages. Some of the most commonly available damages in these types of cases include:
- Lost wages
- Loss of earning ability
- Pain and suffering
- Emotional distress
- Mental anguish
- Medical costs
- Future medical expenses
- Loss of companionship
- Property damage
- Permanent disability
- Decreased quality of life
Depending on the details of your case, punitive damages may also be available. Punitive damages are reserved for extreme cases involving actions intended to cause harm or gross negligence. After losing a loved one in a truck accident, a Berkey wrongful death lawyer can help you file a wrongful death claim to recover the money you need.
How Much Does it Cost to Hire a Truck Accident Attorney Serving Berkey?
Unfortunately, many truck accident victims fail to hire a lawyer to help them recover compensation due to a misconception about cost. While it’s true that many types of lawyers charge their clients an expensive fee to retain their services, along with a high hourly rate, this is typically not the case with personal injury lawyers.
At Groth & Associates, we handle truck accident cases on a contingency fee basis. That means you won’t owe us a penny for our services unless we recover compensation on your behalf. If we are able to get you money from the liable party, we will collect a single fee at the end of your case, paid directly out of the compensation recovered from the at-fault party at a fixed rate.
By using this type of fee system, we are able to provide experienced legal representation to any accident victim, regardless of their financial status. When we accept a case, we take care of everything so our clients can focus on their health. That includes filing your lawsuit accurately and before the deadline outlined by the personal injury statute of limitations in Ohio.
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Get Started on Your Case With Help From an Experienced Truck Accident Lawyer in Berkey Today
After suffering losses caused by a truck accident, securing damages from the at-fault party can be essential for getting your life back on track. The best way to get you the money you need and deserve is by hiring an experienced attorney. At Groth & Associates, our experienced team of Berkey truck accident attorneys will help guide you through every step of the process.
Contact us by giving us a call or completing our online contact to set up a free initial case review with a member of our legal staff today.
Call or text (419) 930-3030 or complete a Free Case Evaluation form