Ohio Truck Accident Lawyer

Why does Ohio see so many serious truck crashes?

Ohio is within a day's drive of much of the country's population, so freight moves through it constantly. Distribution centers around Columbus, Cincinnati and Dayton put thousands of semis on the road every day.

I-70 crosses the state east to west, I-71 links Cleveland, Columbus and Cincinnati, I-75 runs from Toledo to Cincinnati, and the Ohio Turnpike carries long-haul traffic across the north. Long construction zones, merging traffic near urban interchanges and winter weather in the snowbelt all raise the risk. Trucks heading to and from river terminals and Lake Erie ports add more traffic. When a fully loaded truck crashes, the injuries are often severe.

Who can be responsible for an Ohio truck crash?

Often several companies, not just the driver. Each may carry its own insurance.

• The motor carrier and its safety managers
• A freight broker that chose an unsafe carrier
• The shipper or warehouse that loaded the trailer
• A leasing company or maintenance contractor
• A construction company that set up an unsafe work zone
• A parts manufacturer, through a product liability claim

Federal safety rules limit driving hours, require inspections and maintenance, and govern drug and alcohol testing for interstate trucks. Ohio applies many of the same requirements to trucks that operate only within the state, though some details differ.

What evidence proves a trucking company broke the rules?

The strongest evidence often comes from the truck and the company's own records. Getting it quickly is critical.

Electronic logging devices show how long the driver was on duty. The engine control module records speed, braking and throttle before the crash. Dashcams, dispatch messages and GPS data can show whether the driver was distracted or pushed to meet an unrealistic delivery time. Driver qualification files show whether the carrier checked the driver's history. Much of this can be lost in weeks, so we send preservation letters right away. With Ohio's 2-year deadline, there is little time to waste.

Outside evidence matters too. Many Ohio interstates have traffic cameras, and nearby warehouses, gas stations and other businesses may have video of the crash or the truck's driving in the minutes before. Witnesses who stopped to help should be contacted while their memories are fresh. The crash scene itself, including skid marks, gouges and debris, should be photographed and measured before rain or road crews erase it.

How does the 51% bar work when several companies share fault?

Your award is reduced by your share of fault as long as you are 50% or less at fault. Above 50%, you recover nothing. In crashes with several defendants, your share is compared with their combined share.

Here is an example. A tractor-trailer rear-ends a car stopped in a construction zone on I-71 near Cincinnati. The car's driver had stopped suddenly when traffic merged. A jury values her damages at $750,000 and assigns 70% of the fault to the carrier, 15% to the construction company for poor signage, and 15% to her. She recovers $637,500. Additional rules can affect how much each defendant pays, so naming every responsible company matters.

Does Ohio's damages cap limit a truck crash recovery?

It can. Ohio caps noneconomic damages, such as pain and suffering, in most tort cases. Economic losses, like medical bills and lost wages, are not capped in the same way.

The cap does not apply to catastrophic injuries, such as permanent and substantial deformity, loss of use of a limb, or injuries that prevent a person from caring for themselves. Truck crashes often cause these injuries. Careful medical documentation can decide whether the cap applies. Our catastrophic injuries page explains how these injuries are proven.

What should I do after a truck crash in Ohio?

Get medical care, then focus on evidence and the 2-year deadline.

1. Photograph the truck, trailer, company name and USDOT number.
2. Get the crash report number and the names of witnesses.
3. Do not give a statement to the trucking company's insurer.
4. Notify your own insurer about possible underinsured claims.
5. Call us so we can send preservation letters.

Most Ohio truck accident lawsuits must be filed within 2 years. If a truck crash took a life, our Ohio wrongful death page explains the family's options. Our Ohio overview covers the state's general rules. Learn more on our truck accident page. We offer a free case review and charge no fee unless we win.