Dayton Truck Accident Lawyer

Truck Accident Attorneys

Doug Mann

Last updated on April 23rd, 2024

If you’re involved in a truck accident, you need legal representation. Understanding the impact of this type of accident is important in getting the compensation you need to recover and pay truck accident expenses. Consult with a Dayton truck accident lawyer from Dyer, Garofalo, Mann & Schultz today.

Common Injuries After a Truck Accident

Truck accidents often lead to catastrophic injuries. The sheer size and weight of a commercial truck can cause life-altering injuries. These injuries can have long-term effects that may require comprehensive medical treatment and rehabilitation.

Traumatic Brain Injuries

Traumatic brain injuries (TBIs) often occur after a truck accident. TBIs may range from a concussion to life-changing debilitating injuries or a life-threatening emergency.

Medical care includes emergency treatment and stabilization, the use of diagnostic imaging, such as CT scans and MRIs, and, in severe cases, neurosurgical intervention. Inpatient rehabilitation may include speech therapy and physical and occupational therapy. Ongoing neurological and cognitive assessments are typically required, along with long-term follow-up care.

Spinal Cord Injuries

Spinal cord injuries are often the result of a passenger and commercial truck collision. These injuries often result in partial or total paralysis and other neurological impairments. Spinal cord injuries in truck accident cases often result from roll-over accidents. Most victims are male, and the majority of victims are younger and range in age from 20 to 39 years old. So, in most of these cases, the accident claims can be sizable, given the number of years the patient will require care.

Medical care for these injuries includes emergency immobilization and transport, surgical stabilization and decompression if required, and inpatient rehabilitation. This part of the recovery process may include respiratory therapy or physical or occupational therapy. Assistive devices, such as wheelchairs and braces, are typically used, and ongoing medical management and monitoring are required.

Broken Bones and Fractures

Large trucks that ram into pedestrian vehicles can also cause occupants to sustain fractures. As a result, survivors may experience serious broken bones in the arms, legs, ribs, and pelvic area.

In these cases, stabilization and emergency splinting are necessary, as well as surgical repairs that include the use of screws, plates, and rods. Physical therapy and rehabilitation and wound care and management are often part of the recovery process.

Internal Organ Damage

The blunt force trauma of a truck collision can damage vital organs, including the lungs, kidneys, and liver. For example, if you fracture several ribs, these injuries can also damage internal organs.

In these cases, emergency surgical intervention is usually required along with intensive care monitoring and treatment. Diagnostic imaging, such as CT scans and MRIs is necessary as well as ongoing medical management and follow-up.

Severe Lacerations and Amputations

Victims may sustain deep, severe cuts and gashes from a collision or from being trapped in the wreckage. In some cases, amputation of a limb may be required. Medical treatment includes emergency wound care and bleeding control and, as mentioned, amputation or surgical repair. The management of complications is often required. For amputations, patients undergo a prosthetic fitting and rehabilitation.

Burn Injuries

Sometimes, truck accidents cause fires to erupt, which subjects the victim to serious burns that require extensive medical care and a long-term recovery period. Burns are categorized by degrees of severity.

The following usually require medical treatment:

• Second-degree burns, or partial thickness burns, involve the outer layer of the skin (epidermis) and a portion of the lower layer of the skin, known as the dermis. The burns are red, blistered, swollen, and painful.
• Third-degree burns, or full-thickness burns, destroy the epidermis and dermis. These burns reach the innermost skin layer or the subcutaneous tissue. The burn site may appear white, charred, or blackened.
• Fourth-degree burns, extend to the muscle and bone, going through both layers of the skin and the underlying tissue (including the deeper tissue).

Burns require emergency medical care and stabilization and, often, specialized burn unit treatment. Debridement, skin grafts, and reconstructive surgery are typically required, as well as wound care and pain management. Patients undergo physical and occupational therapy and psychological rehabilitation.

Getting struck by a giant truck can lead to emotional difficulties such as post-traumatic stress disorder (PTSD), depression, anxiety, and problems with self-esteem. Mental health care may involve psychiatric evaluation and treatment, counseling and psychotherapy, medication management, support groups, and ongoing mental health therapies.

Common Causes of Truck Accidents in Dayton

Truck drivers may crash due to driver error, vehicle maintenance issues, cargo-related problems, environmental reasons, and inadequate enforcement. Let’s look further at the reasons.

Driver Error:

• Distracted driving: Truck drivers may become distracted when operating in-cab technology, eating, or texting. That second of inattention can turn into a major mishap.
• Fatigue and drowsy driving: Long hours behind the wheel, irregular sleep schedules, and continual pressure to meet tight delivery deadlines can lead truck drivers to drive while tired or cause them to fall asleep at the wheel.
• Speeding and aggressive driving: Some truck drivers may exceed posted speed limits or drive too fast for the weather or road conditions. This causes them, at times, to lose control.
• Inexperience and lack of training: Newly licensed or poorly trained truck drivers may lack the skills and judgment needed to safely operate semi-truck vehicles.

Vehicle Maintenance Issues:

• Brake failures: If the brakes on a large truck aren’t maintained properly, it may be impossible for the driver to stop in time.
• Tire blowouts: Defective, worn, or improperly inflated tires can cause drivers to lose control of their vehicle.
• Mechanical defects: The backbone of any truck is its steering and suspension; if either system has mechanical issues, a crash can ensue.

Cargo-Related Problems:

• Improper loading or securing of cargo: Cargo that’s not properly balanced can shift during operation, which directly affects the truck’s ability to perform at its best.
• Overloading: There’s only so much weight a truck can handle; anything over and specific weight can lead to catastrophic damage and compromise safety protocols.

Environmental Factors:

• Adverse weather conditions: Rain, snow, and ice are all enemies of traction when driving. These factors also limit visibility, which increases the risk of crashing.
• Poor road conditions: Road hazards such as potholes and debris increase the chance of losing control of a large vehicle.

Inadequate Regulations and Enforcement:

• Lax trucking industry regulations: Critics argue that rules governing the logistics industry aren’t strict enough to ensure safety.
• Insufficient enforcement: With more enforcement comes better practices. It’s simple logic, but without well-required practices, there will always be those who throw caution to the wind – just because they think they won’t get caught.

According to studies by the FMCSA (Federal Motor Carrier Safety Administration), below is a recap of the leading causes of large truck crashes in the United States:

1. Driver recognition errors (such as distraction or inattention) – 32% of crashes
2. Driver decision errors (driving too fast or misjudging distance or speed) – 28% of crashes
3. Vehicle-related factors (including brake problems, and tire failures) – 10% of crashes
4. Environmental factors (such as weather or road conditions) – 3% of crashes

In many cases, it’s practically impossible to pinpoint a single primary cause of a truck accident.

Efforts towards providing better safety have been put into place through various methods such as improving regulations, improving driver training and qualifications, implementing advanced vehicle safety technologies, and increasing standards of enforcement in the trucking industry.

What Immediate Steps Should You Take After a Truck Collision and Crash?

• Seek help right away: If you or anyone else is hurt, dial emergency services (911) instantly for medical treatment. Even if injuries seem small, it’s essential to get checked out, as some can be hidden. Get copies of all records and documents involving medical care and your injury.
• Report the accident: Alert the police and file an official accident report. Give them all the details they need about what happened. Let your insurance company know about the crash immediately. You may also have to inform the trucker’s insurance provider if they are fully at fault for what happened. Contact our Dayton truck accident attorneys to ensure your rights during negotiations.
• Document everything: Take photos of where the accident took place, both vehicles, any visible injuries, and the overall conditions around you if it’s safe to do so. Make notes about anything that sticks out in your mind – how everything happened or any strange actions taken by either party before, during, or after the impact.
• Avoid admitting fault: Do not say “Sorry” or anything that could lead others to believe you were at fault. Even saying, “I didn’t see you,” can create the wrong impression. Keep quiet and contact a lawyer. Follow your attorney’s guidance on what to say and do during the investigatory process.
• Consult with a Dayton truck accident lawyer: Contact a Dayton truck accident attorney who focuses on commercial truck accidents for help. They’ll guide you through this legal maze and make sure you get every penny owed to you! Allow them to handle all communications and negotiations.
• Cooperate with investigators: Give your lawyer and law enforcement officials any info that will help their investigations progress faster. Don’t disclose anything without being prompted to do so by those two parties.
• Maintain detailed records: Keep track of every expense related to medical care, lost wages, and other costs that result from the accident. Keep every record–including both physical and emotional care–so that they can be used as evidence.

Possible Compensation for Victims of Crashes Involving Trucks

When a truck accident happens, the victims have the right to be compensated for different damages. This includes medical expenses, pain and suffering, lost wages from missed work, and property damages. If the crash ends up being fatal, then the family of the victim can seek compensation as well. They may ask for help paying for funeral costs or loss of companionship.

Our Dayton truck accident lawyer from Dyer, Garofalo, Mann & Schultz can calculate the full compensation you deserve for your losses.

The Time You Have to File in Ohio

The statute of limitations for filing a lawsuit in Ohio is two years from the date of the accident or the injury. That’s not very long, considering how much time it takes to begin the legal process. Because of the potential wait time and the already short deadline, it’s a good idea to act quickly if you want your evidence preferred. Otherwise, you’ll lose your right to receive compensation.

Why You Need Our Dayton Truck Accident Lawyer from Dyer, Garofalo, Mann & Schultz?

A Dayton truck accident lawyer doesn’t just help ensure you get what should fairly come your way when seeking compensation for your accident. They also know their way around local laws and insurance companies, who often try to pay you less than you actually deserve.

Figuring Out Whose Fault It Was

Pointing fingers is something we are taught not to do during bad situations, but in court, it’s very important. In order for any sort of compensation to take place at all then, whoever was at fault needs to be identified first. This is usually one party but sometimes it could end up being more than one person or entity.

How Trucking Industry Regulations Affect Your Claim?

If there were rules broken on how many hours trucks can be used within a week or how they’re supposed to be maintained safely, these factors could greatly impact your claim. If you’re able to prove that negligence played a part in your incident, you can file a lawsuit.

What Happens with Insurance Companies?

Communicating with insurers is enough reason alone to hire an attorney after an accident like a major truck accident. Insurance companies make money by giving out as little as they can to victims, so you need someone who’s going to fight for every penny that you deserve.

Contact a Dayton Truck Accident Lawyer Right Away

Whether you go through settlement negotiations or take your case straight to court, it’s important to seek legal support.

Do you need a truck accident lawyer in Dayton, Ohio? If so, you should schedule a meeting now with Dyer, Garofalo, Mann & Schultz. Make sure you understand your rights so you can receive the compensation you need and deserve. Call us at 1.937.222.2222 and schedule a consultation today. It’s free.

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