It’s time for you to hold negligent parties accountable for their misconduct. How do you take someone to court after a truck accident, though? What factors help you determine the value of your losses, and what kind of compensation do you deserve?
The Maumee truck accident lawyers with Groth & Associates will help you answer all of these questions. Our team understands how complicated the civil process can look from the outside and how those complications can intimidate you out of legal action. That’s why we offer you our tried and tested representation in your hour of need.
You can discuss your right to truck accident compensation with the personal injury lawyers in Maumee today.
You May Have the Right to Civil Action After a Truck Crash
Truck drivers, their crews, and their agencies owe everyone on the road around them a duty of care. What is that duty? All parties involved with the transportation and maintenance of a truck must take reasonable steps to protect all parties interacting with the truck.
Negligence violates the duty of care that these parties owe to the general public. That negligence can also prove dangerous, even fatal, if it leads to a crash.
If you walk away from a truck crash, you can argue that the violated duty of care that caused the accident entitles you to civil action. While you have an obligation to meet Ohio’s burden of proof to move your civil action forward, doing so can allow you to fight for crash-related compensation.
You Can Additionally File an Insurance Claim Against a Liable Party
Initiating the civil process can require a bit of legwork. Insurance claims also require legwork but are an option for compensation before civil litigation begins.
What are the pros and cons of filing a truck accident claim, though? To start, if a negligent driver works as an independent contractor, they may have no more than Ohio’s minimum state liability insurance. This means that you may not get total compensation for your losses. If the driver works as an employee of an agency, you may have to fight a corporation to get your support.
What’s more, insurance claims adjusters want to pay as little as possible to truck accident survivors. These parties can consistently prioritize their employers’ financial well-being over your recovery. You can, fortunately, bring an attorney into insurance proceedings to minimize bad faith behaviors, but those behaviors will make your recovery harder.
Does this mean it’s not worth it to file a truck accident insurance claim? No. However, we recommend that you work with an attorney to make the process as straightforward and financially beneficial as possible.
For a free legal consultation with a truck accident lawyer serving Maumee, call (419) 930-3030
Keeping an Eye Out for Criminal Charges Brought Against a Negligent Party
You solely have the right to initiate civil proceedings against the party responsible for your truck accident. You cannot request that Ohio bring criminal charges against a liable party. The state may choose to do so, though, and in doing so, may impact your quest for compensation.
If the state convicts a negligent party of criminal misconduct, you need to know.
A conviction does not win you a civil case outright but can offer additional and definitive proof of negligence. In other words, a conviction can make it easier for you to recover the truck accident compensation you deserve.
Personal Injury Lawyer Near Me (419) 930-3030
How to Build a Comprehensive Truck Crash Claim
Ohio makes its truck crash survivors prove that they not only have the right to civil action but that they deserve a certain degree of financial support following their losses. This means that you have an obligation to bring forward enough proof to both establish crash liability and the value of the compensation you desire.
Estimate the Value of Your Truck Accident Damages
The damages you request when filing a truck accident claim can include the following:
- Mental strain
- Pain and suffering
- Medical expenses
- Property damage and restoration
- Lost wages
- Property rentals
- Funeral expenses and wrongful death, if applicable
Our truck accident attorneys in Maumee, OH, will help you gather the evidence you need to prove your right to comprehensive support.
The loss of a family member in a truck accident caused by negligence can leave you feeling lost and overwhelmed. Our dedicated wrongful death lawyers in Maumee, OH, understand the devastation you’re facing. Let us provide you with the compassionate support and expert legal guidance needed to pursue justice and ensure that your loved one’s memory is honored
Base Liability on Evidence and Contracts
You need evidence, ranging from video footage to bystander statements, to prove your right to pursue a truck accident case. However, the contracts that exist between a driver, packing crew, and agency can override what the evidence tells you.
Many trucking agencies today have drivers and packing crews working on independent contractor contracts. These contracts insist that drivers and packing crews aren’t employees but rather partners. In turn, the agency can avoid assuming liability should an independent contractor cause an accident.
What does this mean for you? If you get into an accident caused by an independent contractor, you can only sue the individual, not their agency. An agency that hires drivers and packers as employees, however, assumes financial responsibility for their accidents. This means that you can list corporations as the liable parties in accidents involving on-the-clock employees.
Truck Accidents Fall Under the Category of Personal Injury Cases
If you decide that you want to bring a truck accident claim forward in civil court, make sure you act within your statute of limitations. Ohio Revised Code section 2305.10 allows truck accident survivors and their representatives no more than two years to investigate their losses.
This means that you have until the second anniversary of your accident to prove that someone else bears the responsibility for your accident. You cannot file a truck accident claim after your statute of limitations expires unless you qualify for specific exceptions.
If you’re running behind on your investigation, let an experienced truck accident lawyer in Maumee know. Our team knows how to build a comprehensive truck accident claim on a tight deadline without bringing undue stress into your life. We will also help you explore what deadline exceptions you might qualify for should the need arise.
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Groth & Associates Supports Truck Accident Survivors
You don’t have to let a truck accident dictate your financial future. Don’t let a negligent driver’s behavior go unaddressed. Whether the driver, their packing crew, or their employer is to blame, the truck accident attorneys in Maumee will help you recover the damages you need to recover.
Groth & Associates brings decades of experience to Ohio and Michigan courtrooms. You can count on our team to prioritize your recovery without compromising your right to a comprehensive civil case. You can schedule a free case evaluation with our experienced personal injury lawyers today to learn more about our available services.
Call or text (419) 930-3030 or complete a Free Case Evaluation form