Remaining at the scene of a truck accident in Cincinnati Ohio and legal case building.

Ohio – June 19, 2022

In accordance with Ohio State Law, a truck accident victim must remain at the scene, or as close to it as possible until the driver has given their name, address, vehicle registration information, and upon request, their driver’s license information to any person involved in the accident. If the injured person is unable to comprehend and record the information, then the driver must notify the police and remain at the scene of the accident until a police officer arrives. Truck accident victims may ask themselves “Where can I find attorneys near me?” when they need assistance recovering compensation to address harmful accident losses.

Impacts of size discrepancy.

The size discrepancy between a big rig and a passenger vehicle alone increases dangers, but cargo is an additional factor when commercial truckers are transporting toxic chemicals or overside loads for example. The severity of injuries after a tractor trailer accident can be significant and each class of truck has its own specific challenges regarding collisions with passenger vehicles. Trucks fall into two classes, those weighing 10,000 pounds or less, and those weighing more than 10,000 pounds, which may move them to the Commercial Motor Vehicle category and change some of the laws and damages to be sought after in personal injury situations. A scene reconstructionist can help determine liability after a commercial truck crash by focusing on any conditions that will give insight to the reason behind the crash.

Defendants.

Insurance adjusters may try to reduce settlements for driver violations, once there is some determination of fault assigned to each driver. Defendants for truck accident losses may include the driver, the truck owner, the trucking company, or a parts manufacturer. Common criminal driving offenses are serious in the State of Ohio, but a determination needs to be made before insurance settlements will reflect driver negligence. An experienced Cincinnati truck accident lawyer can be of assistance when dealing with insurance companies, calculating property damage, medical expenses and future losses that will make up the total award after an accident that results in injuries.

Large trucks increase roadway dangers.

The post-accident actions of the drivers will be considered when settlements are estimated. Accident victims in Cincinnati, Ohio should remain at the scene because of the state law but the collection of reports and information related to the accident will help with legal case building.

Check on the condition of the people involved in the accident when possible.
Call the police or emergency responders if needed.
Get a written accident report.
Remain at the accident scene.
Exchange driver and insurance information.
Get witness contact information.
Call your insurance company to set up a claim.
Seek out medical treatment if necessary.
Take pictures of the scene, and the vehicle damages.
If the truck is a commercial vehicle, get a State Trooper report.
Call a Cincinnati accident lawyer to assist in the determination of “fault” and guide actions toward an insurance or legal proceeding to address damages and injuries sustained.

Comparative negligence impact to settlements.

Ohio laws stipulate that insurance claims will be reduced in proportion to the claimant’s degree of fault, also referred to as comparative negligence and is a factor in personal injury legal settlements. The victim’s liability in causing the accident, or their comparative negligence, affects the amount of compensation the victim receives. If the victim contributed less than 51% of the negligence that caused the accident, then their compensation is reduced by the amount they contributed to the accident. If the victim contributed 51% or more, they will be barred from compensation.

Seek legal counsel.

Attorneys who have experience with the trucking industry is paramount to a winning case for a comprehensive settlement to cover related truck accident damages in Ohio.

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