How is fault determined for a truck accident in Cincinnati?

If a truck is overloaded or the cargo is not properly secured, even an experienced and careful driver can lose control of the vehicle.

Cincinnati, OH – Ohio was ranked sixth on the list of states with the deadliest truck crashes in the nation. Each year, more than 100 people are killed and thousands are injured in collisions involving at least one commercial vehicle. Most truck accidents occur in and around major urban areas, such as Cincinnati.

Truck accidents are more complex than regular car accidents because you may have more parties that can be held liable. Such collisions will require an independent investigation into the causes and only experienced Cincinnati truck accident attorneys can assist you. Determining the true cause of the accident and any factors that may have played a role is crucial to recovering damages. If you have suffered serious injuries and your damages are over $100,000, it is very unlikely that you will be able to recover that kind of money from the truck driver. Commercial drivers usually only have minimal liability coverage, somewhere around $25,000.

Who can be responsible for a truck accident in Cincinnati?

Your Ohio truck accident attorneys will start by reading the police report to get an idea of ​​what happened. They will also visit the scene of the accident, review surveillance camera footage, if available, and speak to eyewitnesses.

The truck driver

Most truck accidents are caused by driver error, distracted driving, DUI, speeding, or reckless driving. You may find one or more of them mentioned in the police report. Knowledgeable truck accident lawyers always look beyond the facts to see if it was really the trucker’s fault.

The trucking company

Trucking companies are required by law to provide regular maintenance to their vehicles. If your attorneys discover there has been a mechanical breakdown, you can sue the trucking company.

For example, if there is a tire blowout and it causes the truck driver to lose control of the vehicle and hit you, it may be the fault of his employer.

On the other hand, the trucking company may be partly responsible if the driver made a mistake. Your lawyers will ask you for documents showing the type of training the truck driver received when he was hired. You can’t leave an inexperienced driver to handle an 80,000 lb tractor-trailer. Or you can, but that’s called negligence and the victim can sue or sue the employer.

If the accident was caused by driver fatigue, one of the most common causes of truck accidents, the employer may also be held liable, for failing to supervise its employees or for encouraging the truck driver to skip the mandatory rest and get to your destination faster.

The shipping company

Cargo being loaded; image by Solomen, via

If a truck is overloaded or the cargo is not properly secured, even an experienced and careful driver can lose control of the vehicle. Your attorneys will need to bring in experts to examine how the truck was loaded. You may be able to file a claim against the cargo owner, the shipping company or those responsible for loading the truck.

The manufacturer

Large trucks are made with hundreds of parts from various manufacturers. If the causes of the accident are unclear, your lawyers will bring in an independent expert to examine what remains of the vehicle. If there was a defective part, you can file a claim with the manufacturer’s insurance company.