Serious and fatal trucking accidents are among the most complex cases handled by experienced personal injury and wrongful death law firms in Southern Ohio.
Property damages are just one factor that illustrate the many complexities involved in collisions with large commercial vehicles. These cases are always best handed by a veteran Chillicothe trucking accident attorney with proven experience.
Single-Vehicle Trucking Accidents
Even in cases where just one passenger vehicle is involved in a collision with a large truck, significant issues may arise that make recovering damages a complicated matter.
- Leased or rented equipment: Truck drivers and trucking companies may attempt to shift blame onto a third party who owns or maintains a tractor or trailer. For example, when a rear underride guard fails, and allows a vehicle to pass beneath the rear of the truck, failure to determine who owns the trailer may allow identified defendants to attempt to shift blame, and liability.
- Maintenance Contractors: In other cases, a truck driver or trucking company may attempt to blame faulty maintenance, and thus a maintenance contractor. For example, when blown tires or faulty brakes result in a collision, a driver or trucking company may attempt to shift fault to a third-party maintenance contractor.
- Comparative fault: Ohio law follows a model of comparative fault. What this means is that if it can be successfully argued that a victim was partially at fault, a damage award can be proportionately reduced. Those found more than half at fault can be barred from collecting any damages.
Multi-Vehicle Trucking Accidents
These cases are as common, or more common, than collisions involving a single passenger vehicle. When multiple vehicles are involved, the complexities of a case increase exponentially.
In some cases, a trucking collision in Southern Ohio results when a vehicle runs into the back of a stopped truck, causing a chain-reaction crash as other vehicles are unable to stop in time. In other cases, a moving truck may plow into stopped traffic. This commonly happens as a result of congestion, a previous collision, or adverse weather conditions, all of which liable parties may attempt to use in an effort to shift blame.
Types of Property Damage
Another consideration are the various types of property damage claims that result from a collision involving a tractor-trailer or other large commercial vehicle. These may include:
- Damage to vehicles: Damage to one or more passenger vehicles involved in a collision.
- Damage to municipal property: Damage to roadways, guardrails, street signs, signals and other infrastructure.
- Damage to private or commercial property: Damage to yards, trees, roadway signage, parking lots, buildings or other damage caused to private property.
Liable Parties and Timely Claims
An experienced trucking accident lawyer in Chillicothe must identify all liable parties, both to ensure a claim is not lost by a defendant who successfully shifts blame to an unnamed party, and to ensure adequate resources will be available to pay for all of a client’s damages.
While commercial trucking companies and other associated parties typically carry significant liability insurance, these insurance limits can still be exhausted in cases with multiple claimants who are seeking compensation for significant losses. Only by identifying all liable parties, and their insurance carriers, and by timely filing of a comprehensive claim for damages, can victims be assured of being in the best position to win the compensation they deserve.
If you have been injured in a collision with a commercial vehicle, contact Mike Warren at Buckeye Legal at 740-774-4357 for a free and confidential consultation to discuss your rights.
