Kettering Truck Accident Attorney

No one plans on getting into a truck accident. These types of collisions leave victims with serious injuries, large bills, lost wages and many other challenges. At Elk & Elk, we can help. You do not have to deal with the stress of a truck accident alone. Our attorneys can lend legal and emotional support in the fight for the financial compensation you need to move forward.

If you or a loved one has been injured in a truck accident in Kettering, Ohio, contact our Kettering personal injury lawyers today for a free consultation.

Who Is Liable After a Truck Accident?

In Ohio, the state’s car accident laws give injured victims the legal right to pursue financial compensation from at-fault parties to make themselves whole again. Ohio is a fault state, meaning the driver or party at fault for the collision is financially responsible for the harm or injuries caused, usually through that party’s auto insurance coverage. Every trucking company and driver in Ohio must carry auto insurance.

In a truck accident case, a trucking company could be vicariously liable for an accident caused by one of its truck drivers. Like all employers in Ohio, trucking companies are accountable for the actions and mistakes of their on-duty drivers and other employees through the rule of vicarious liability. You may be able to bring your case against a trucking company rather than an individual truck driver.

Common Causes of Truck Accidents in Kettering, OH

A lawyer can help you understand where to file your truck accident insurance claim through an in-depth investigation of the collision. The defendant in your case could be the truck driver, an owner/operator, a truck company, a cargo company, a third party driver, a part manufacturer, the government or a combination of parties depending on the cause of the crash.

Three of the most common causes of big rig accidents in Kettering are:

  1. Driver error. Truck drivers cause many accidents through acts of carelessness and recklessness, such as driving while drunk, fatigued or distracted.
  2. Trucking company negligence. Broken federal laws, poor fleet maintenance and dangerous hiring practices are examples of trucking company negligence that can cause collisions.
  3. Vehicle or part breakdowns. An 18-wheeler is only as safe as its parts. Low-quality repairs or defective truck parts could lead to dangerous breakdowns and related accidents.

Once your lawyer understands the cause of your truck accident, he or she can help you file the confusing paperwork necessary to bring a lawsuit against the correct party. Your attorney will know all the best legal tactics to use during your claim to obtain maximum results.

A Lawyer Can Help You Gather Evidence

Before an insurance company or judge will grant you financial compensation for your injuries, your lawyer must prove the defendant is at fault based on a preponderance of the evidence. This is the burden of proof in all personal injury cases. It requires enough evidence to show that the defendant more likely than not caused the accident.

A truck accident case in Ohio can involve unique types of evidence compared to standard auto accident cases, such as:

  • Electronic logging devices or recorders
  • The truck’s black box
  • The driver’s employment records and driving history
  • The trucking company’s compliance record
  • The driver’s daily inspection logs
  • Truck maintenance records

If you hire a truck accident attorney in Kettering, he or she can immediately make phone calls and file subpoenas to preserve key evidence. Then, your lawyer can use this evidence to build a case against the defendant(s) in pursuit of compensation for your injuries.

Consult With a Kettering, Ohio Truck Accident Attorney at Elk & Elk Today

Truck accidents in Kettering, Ohio are often catastrophic. If you or a family member recently suffered serious injuries in a collision with a commercial truck, do not hesitate to contact Elk & Elk.

Our truck accident attorneys are passionate about helping injured crash victims recover the amounts they deserve. Find out how we can help you. Call 1-800-ELK-OHIO or contact us online now for a free case review.