Columbus Truck Accident Lawyer

Commercial trucks deliver over 30.8 million tons across the nation every day. Those deliveries include the raw materials that will go into manufacturing a product, which will then be delivered by truck. Around Columbus, you’ll encounter these trucks any time you head out to the Outerbelt, I-70, or along High Street or Broad Street. The trucking industry never slows down, and in some instances, that can be a problem for other motorists.

Under pressure to make deliveries, truck drivers find themselves exceeding speed limits or driving beyond mandated service hours. Those factors increase the risk of a commercial vehicle getting involved in an accident.

A truck collision isn’t as straightforward as a crash between two cars. Multiple parties may be found liable for the accident. That is when you need to retain the services of an experienced Columbus truck accident lawyer.

How Federal Trucking Regulations Impact Your Ohio Injury Case

All aspects of the trucking industry are regulated, from how much time a trucker can drive in a single shift to how cargo should be secured. There are state and federal agencies responsible for these regulations, starting with the Federal Motor Carrier Safety Administration (FMCSA).

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When you are involved in a collision with a commercial vehicle, there are automatic investigation triggers. That evidence can be part of your personal injury claim. These are the federal rules that can impact your personal injury case:

Cleveland Truck Accident Lawyer

Establishing Fault Through “Negligence Per Se”

When the results of a truck accident investigation indicate that the truck driver violated safety rules, it can be used to legally establish fault under the negligence per se doctrine.

This is considered an automatic breach of the duty of care. That is why it is so important to align the way the accident happened in accordance with federal regulations.

Mandatory Electronic Logging Device (ELD) Data

Unlike the average driver, a truck driver has to log every hour they spend behind the wheel or in their rig.

That information is collected by an Electronic Logging Device (ELD), and can act as crucial evidence, providing an unalterable timeline of the hours driven and the rest periods taken. It can also document the exact speed and braking habits that were happening just prior to the crash.

Stricter Maintenance and Hiring Standards

In addition to the federal regulations that require trucking companies to maintain rigorous maintenance documentation, they also require trucking companies to use strict driver qualification factors. If it can be demonstrated that a trucking company hired an unqualified or poorly trained driver, the company may be liable for the accident.

The same can be said if that company ignored overdue mechanical repairs, such as faulty brakes or worn tires.

The attorneys at Thomas Law Office have extensive knowledge of all the applicable state and federal regulations. That puts us in the strongest position to support our clients and help them prevail in these types of claims.

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Retaining Critical Evidence From the Digital Data Recorder

In the aftermath of a trucking accident, there will be a lot of evidence to gather. Much of that will come from the truck’s Digital Data Record (DDR) or vehicle black box. The skilled attorneys at Thomas Law Offices will take immediate action by sending a spoliation letter that will “lock down” the evidence.

These are the details we’ll request:

  • Stop All Use We will request that the trucking company and driver stop operating the equipment immediately. This will prevent the device from automatically recording new data or overwriting existing logs.
  • Remove Power If it is safe, we will request that the power source for the DDRs be removed. Disconnecting power from devices like security cameras can help halt data overwriting.
  • Isolate Removable Media If the device uses SD cards, USB drives, or proprietary hard drives, we will request that they be removed and properly stored.
  • Document Everything We will also request that high-resolution photos be taken of the device’s physical condition. It will also help to have photos of screen readouts, model numbers, and serial codes before the devices are removed or turned off.
  • Maintain Chain of Custody It is also important to maintain the chain of custody. We’ll request that there be a log of every individual who handles, transfers, or accesses the data. That log should include the exact date, time, and purpose of every transfer.

Trucking companies and their insurance carriers know that federal regulations will be heavily scrutinized. That is why we need to act quickly to preserve the evidence.

Holding the Truck Driver Accountable

When you initially pursue a personal injury claim after a truck accident, the first party you will investigate when identifying fault is the truck driver. Some of the most common reasons for truck accidents include the following:

  • Distracted Driving If a truck driver is in an unfamiliar area and is more focused on their GPS or cellphone than on their surroundings, they risk an accident.
  • Driving Under the Influence Commercial truck drivers are not supposed to drive under the influence of alcohol or drugs, but unfortunately, incidents happen. Substances distort the mind’s ability to properly perceive one’s surroundings, which is how accidents occur.
  • Fatigued Driving Truckers are often on the road for long periods of time. There are, however, limits to how long a driver can be on the road. If that is not followed, fatigued driving can be just as dangerous as drunk driving.
  • Speeding Boredom, distraction, and tight deadlines contribute to truck drivers speeding. Because tractor-trailers are large, truckers are more at risk of losing control at high speeds.

Identifying Liable Parties Beyond the Truck Driver

In a truck accident, there may be parties beyond the truck driver who can be held accountable. When your financial future is at stake, all options should be on the table.

These are the other potentially liable parties we might add to your personal injury claim:

The Trucking Company

The legal doctrine respondeat superior holds employers generally liable for their employees’ actions. That means a trucking company can be held accountable for its driver’s reckless driving. If it can be established that the trucking company engaged in negligent hiring practices or failed to enforce safety regulations by imposing unrealistic delivery schedules, those could also be grounds for holding them liable.

Cargo Loaders and Shippers

If an accident is caused by cargo shifting, overloading, or spilling, the company responsible for loading the trailer can be held accountable. Often, these are third-party contractors who must comply with strict FMCSA weight limits and securement regulations. Failure to do so can be actionable.

Maintenance Providers and Mechanics

A trucking company needs to properly maintain its fleet. They will either have an in-house mechanic team or contract with third-party mechanics. If those mechanics fail to properly service the vehicle, and that leads to an accident, they can be held liable for the crash.

Truck and Parts Manufacturers

If a defective truck part is found to be a factor in the accident, there could be an issue with the part manufacturer. This would then make part of the accident a product liability claim.

How Much Is My Columbus Truck Accident Case Worth?

An additional crucial element of preparing your truck accident claim is calculating the full extent of your damages. Every truck accident is unique. However, certain factors are common to all accidents. We work closely with our clients to understand all the damages they can claim.

These are the issues we’ll consider:

  • What are your specific injuries?
  • Are those injuries permanent?
  • What kind of medical treatment have you received or might need in the future?
  • Are you partially to blame for the truck accident?
  • Can you return to work?
  • What out-of-pocket costs have you incurred?
  • What is the cost of car repairs or replacement?

In addition to your tangible expenses, we will also examine the level of pain and suffering you’ve endured as a result of the accident. How has it impacted your ability to enjoy life?

That is also a major consideration when calculating your damages.

Meet Our Attorneys

  • Mike Campbell
  • Eric Kiser
  • Alex Cassell
  • Cameryn Gonnella
  • Lindsy Lopez

Frequently Asked Questions about Truck Accident Claims

Yes, poor weather may bring about a collision. However, truck drivers and trucking companies are still expected to adjust for the weather and operate safely. If evidence proves that a driver was speeding, following too closely, or failing to adjust to hazardous road conditions, the driver can be held liable for the accident.

You should be cautious when speaking with insurance representatives, especially if they ask to record the conversation. Any statement you make can be turned against you to minimize your claim. Before providing a recorded statement or accepting a settlement offer, you should speak with an experienced attorney who can provide you with a full assessment of your claim.

A spoliation letter is a formal legal notice sent to a trucking company demanding that they preserve all evidence related to a crash, including black box data and driver logs. Without this letter, companies may legally destroy or overwrite digital records after a certain period, losing vital proof of negligence.

Yes, you can often still hold the trucking company liable under the ‘Logo Liability’ rule or through federal regulations that treat contractors as statutory employees. Our attorneys investigate the specific contracts and federal filings to ensure all responsible entities are named in your lawsuit.

A thorough investigation can take several months as it involves downloading ECM data, interviewing witnesses, and reviewing thousands of pages of maintenance records. TLO begins this process immediately to ensure no evidence is lost and to build a comprehensive case for maximum compensation.

Why Working With a Columbus Truck Accident Lawyer Is Necessary

The actions taken immediately in the aftermath of a truck accident can have a major impact on the outcome of your claim. Trucking companies and their insurers will begin investigating right away. Their goal is to protect their interests and limit their financial exposure. This is why you need to speak with the attorneys at Thomas Law Offices as soon as possible.

Our attorneys understand the difficulties of filing a truck accident claim. We move quickly to safeguard necessary evidence.

We also conduct a thorough, independent investigation to identify all liable parties.

Whether your case involves a fatigued driver, improperly maintained equipment, overloaded cargo, or violations of federal trucking regulations, our team knows where to look for evidence and how to use it in support of your claim. We understand that injuries from truck accidents often result in substantial medical expenses. They can affect your ability to earn a living and cause lasting physical and emotional challenges.

At Thomas Law Offices, we work to pursue the full compensation you deserve while handling the legal burden so you can focus on your recovery. If you or a loved one has been injured in a commercial truck accident, don’t wait to seek legal guidance. Contact Thomas Law Offices today for a free case evaluation.

Our experienced legal team is standing by to hear what happened and help you understand your legal options for pursuing fair compensation.

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