Truck Accident Employer Negligence Attorneys
Unlike most car accidents, when accidents involve large trucks, the trucking company or employer of the driver may be responsible for the harm to motorists and passengers and property damage that results from the crash. Those who are struck by an 18-wheeler often suffer catastrophic and life-threatening injuries. If you or a loved one have sustained injuries in a truck accident, you may be up against life-changing injuries, medical costs, and diminished quality of life. Reach out to an experienced truck accident attorney as soon as possible to discuss your legal options.
Under Ohio state law, an employer may be held liable for the negligence of an employee from hiring unqualified drivers to failing to enforce safety regulations. If the truck driver’s employer ultimately bears responsibility for your injuries, you have the right to hold them accountable. The lawyers at Lawrence & Associates understand the various complications that truck accident victims face and we want to help. Reach out to one of our experienced Ohio truck injury attorneys today at (513) 351-5997 for a free case evaluation.
Do I Need a Lawyer?
You can expect that the at-fault trucking company and their insurer will aggressively fight to minimize their legal liability. Proving employer negligence requires the knowledge and skill of an experienced attorney. If you are serious about fighting for justice, you need the support of a qualified Ohio truck injury attorney. A lawyer with a well-developed understanding of employer negligence cases will investigate your accident, evaluate how much compensation you deserve, and fight for your interests.
An 18-wheeler’s size poses a very real threat to surrounding drivers and passengers. For this reason, drivers charged with maneuvering these vehicles should undergo extensive screening and training before hitting the road. In the aftermath of a traumatic collision, you may wonder how the truck driver’s employer could be at fault instead of the driver.
Trucking companies have an enormous responsibility to their employees and the general public. If a company fails to screen prospects, provide adequate training, maintain vehicles in their fleet, and follow government-mandated safety procedures, they endanger countless lives. The
Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA) enforce necessary occupational safety regulations that truck companies legally must follow. Your lawyer will look into all possible contributing factors to make sure that the at-fault trucking company pays for your injury-related expenses.
Why Hire Lawrence & Associates to Handle My Case?
Our team will help figure out what your options might be and if you should choose to pursue compensation for damages. If you and our team agree to begin the claim process, we will perform a rigorous investigation for evidence of wrongdoing. Our team of lawyers has years of experience and resources to fight for the compensation you deserve.
We are passionate about protecting the rights of our clients and seeking the maximum possible compensation for their suffering. We also have experience fighting against truck companies and holding them accountable in court. No matter your current financial situation, our team believes that everyone deserves excellent legal representation. We work on a contingency-fee-basis, which means that you won’t be charged a cent unless our lawyers win you compensation for you.
Employer Negligence Cases We Handle
Large trucks are involved in thousands of injury-causing and sometimes fatal crashes every year. Trucking companies are expected to train and supervise their employees. When they fail in this regard, they must answer for the danger their employees pose. There are many different ways in which a trucking employer can be found negligent and be held responsible for a crash.
The most common types of employer negligence include:
- Inadequate Hiring Practices—Truck companies sometimes hire drivers that should not be behind the wheel of such a large and dangerous vehicle. Companies have been known to hire employees with poor driving records, a history of incomplete logbooks, prior criminal convictions, or drug and alcohol abuse. If the company is not diligent in their background checks, they may be financially responsible for damages their driver’s cause.
- Inadequate Training and Supervision—When companies take shortcuts to turn a higher profit, they sometimes fail in their responsibility to prevent unnecessary danger to the public. They might fail to require proper safety training, neglect to check logbooks or fail to perform drug and alcohol tests. Employers should strive to meet all safety regulations. When they fail in this regard, they should answer for damages.
- Improper Maintenance—18-wheelers are large and complex pieces of machinery, and defective parts and malfunctions can turn deadly. In cases of maintenance, it is usually the company’s responsibility to properly maintain the trucks and secure their cargo, not their employees’. The vehicle must pass routine vehicle inspection as well. Cases involving this are known as a negligent entrustment, and the company is responsible for any damages that occur.
Frequently Asked Questions
Individuals involved in truck accidents usually have many questions. Knowing what exactly caused a crash and who is responsible is rarely straightforward, and it can be easy to feel overwhelmed. The experienced attorneys at Lawrence & Associates have earned our firm a reputation for finding the negligent parties and holding them responsible. Although we can best answer all of your questions in a free legal consultation, here are a few of the most common questions that truck injury victims have:
I Suspect that Employer Negligence Contributed to My Crash. How Do I Prove It?
Employer negligence cases have many moving parts — victims who manage their claim independently face many challenges when attempting to gather evidence and consult with experts. The legal investigators at Lawrence & Associates perform exhaustive investigations to recover evidence, reconstruct the accident, research safety regulations, and dive into the murky waters of employer responsibilities. If you suspect that a truck company caused your injuries, your best option is to consult an experienced Ohio and Kentucky attorney as soon as possible.
What Kinds of Damages Could I Be Owed?
Accidents that involve commercial trucks tend to be more harmful and expensive than other accidents. The total bill for injuries often reaches into six figures. There are damages you can file for besides medical bills, however. You can recover damages for past and future medical expenses, rehabilitation costs, pain and suffering, lost wages, psychological harm, diminished earning potential, wrongful death, and possibly even punitive damages. Insurance companies do everything within their power to protect policy-holders from liability. To win back some of what you’ve lost, you need skilled legal representation.
What Can I Do After a Truck-Related Injury to Maximize my Chances of Success in Court?
Although these steps can be complicated in the post-crash confusion, especially after a severe injury, there are things a victim can do to help any later litigation succeed. If you are able, approach witnesses of the accident and get their contact information if possible. Any pictures or videos of the crash or damage could prove useful as well. Also make sure to get the driver’s license plate, vehicle number, and the driver’s name if possible.
When Should I Call a Lawyer?
If you suspect that employer negligence contributed to your injuries, begin the claims process as soon as possible. Ohio Revised Code Section 2305.10 requires that victims file personal injury lawsuits within two years that the injury becomes apparent. This legal claim (otherwise known as a cause of action) usually begins legally on the day of the accident.
Kentucky has an even stricter statute of limitations. According to Kentucky Rev. Stat. § 413.140(1)(a) the time a claimant has to file a personal injury lawsuit is limited to one year after the accident. Other than this time constraint, there are other reasons to begin an investigation as soon as possible. Evidence may disappear or be covered up, and memories of witnesses can be foggy.
Truck Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), 21% of truck drivers involved in fatal crashes in 2010 had prior convictions for speeding, and 13% had been in a previous wreck. These numbers indicate the frequency with which truck employers fail to implement proper screening when hiring their employees. According to the Federal Motor Carrier Safety Administration (FMCSA), 16% of truck drivers involved in fatal truck accidents in 2016 tested positive for at least one drug in their system at the time of the crash. It is the employer’s responsibility to perform routine background checks and drug testing to reduce accidents involving impairment.
Contact an Employer Negligence Attorney Today
18-wheeler accidents caused by a negligent employer could have life-altering consequences for those involved. If the trucking company put the pursuit of profits over your safety, you have the right to seek fair compensation from them for the harm you’ve suffered. The lawyers at Lawrence & Associates proudly serve Ohio and Northern Kentucky injury victims and we want to stand up and fight for what you’re owed. Don’t wait until it is too late to take action. Contact us at (513) 351-5997 today for a free legal consultation.