Ohio Trucking Company Negligence Attorney
Truck accidents are devastating events that can cause life-threatening injuries. Many of these accidents are caused by trucking company negligence, or recklessness. If you suspect a trucking company of negligence in relation to your recent truck accident in Ohio, contact Elk & Elk to request a free consultation with one of our experienced Ohio truck accident attorneys. We can help you and your family recover during this difficult time.
How Our Trucking Company Negligence Attorneys Can Help
A truck accident attorney can take care of many confusing and complicated legal tasks on your behalf while you concentrate on healing from your serious injuries. At Elk & Elk, we can investigate your accident, collect evidence of trucking company negligence, file an insurance claim on your behalf and represent you at trial, if necessary. We will make sure an insurance carrier does not take advantage of you or devalue your claim. Our lawyers always go the extra mile for their clients.
Examples of Trucking Company Negligence
Trucking companies in the U.S. have legal obligations to the public. They must obey state traffic laws as well as federal commercial trucking laws enforced by the Federal Motor Carrier Safety Administration. Trucking companies must do their best to prevent truck accidents by properly training their employees and maintaining their trucks, among many other responsibilities.
If a trucking company is negligent, it has been careless in a way that harmed or injured others. There are many possible examples of trucking company negligence:
- Hiring unfit or unlicensed drivers
- Failing to conduct driver background tests
- Failing to properly train drivers
- Failing to fire a dangerous driver
- Breaking or failing to enforce federal trucking laws
- Breaking hours-of-service regulations
- Failing to properly maintain and inspect its trucks
- Ignoring truck maintenance problems, such as bald tires
- Improperly loading or securing cargo
If any form of trucking company negligence caused or significantly contributed to your commercial truck accident in Ohio, the trucking company’s insurance carrier may have to pay for your medical bills and other losses.
What Is Vicarious Liability?
A trucking company in Ohio could also be vicariously liable for the mistakes of its drivers and employees. According to the legal doctrine of vicarious liability, employers can be held responsible for the careless actions of their employees.
This rule applies to trucking companies and their staff members, including independent contractor truck drivers, cargo loaders, maintenance crews and office staff. If someone employed by the trucking company was negligent, and this caused your crash, you can hold the trucking company vicariously responsible.
How to Prove Fault for a Trucking Accident in Ohio
As the injured party or plaintiff in a truck accident case, it is your burden to prove the defendant is at fault. The burden of proof in a personal injury claim is a preponderance of the evidence (enough evidence to prove the defendant more likely than not caused the crash).
Your lawyer can help you collect clear and convincing evidence of trucking company negligence, such as:
- Photographs and videos
- The trucking company’s compliance history
- Eyewitness reports
- Truck maintenance records
- Police reports
- Truck inspection logs
- Driver logs
- Employment records
- Black boxes or electronic data recorders
The four elements needed to prove negligence are a duty of care, breach of duty, causation and damages. It is up to you or your attorney to prove the trucking company owed you a duty of care, carelessly or recklessly violated this duty, and caused your truck accident and resulting injuries. An attorney from Elk & Elk can help you successfully prove your case.
Call a Truck Accident Attorney in Ohio That Handles Negligence
If you or a loved one was recently injured in a commercial truck accident in Ohio, an attorney from Elk & Elk can help you investigate the crash for signs of trucking company negligence. We can go up against any trucking company and its insurance carrier on your behalf. Contact us online or call 1-800-ELK-OHIO for a free consultation at one of our conveniently located law offices.