If you were involved in a truck accident around Dayton, Ohio, you may not know what next steps to take. One of the most important aspects to understand is Truck Accident Compensation: what is all covered, how does it work, and how will you get the compensation you deserve from your settlement? Dyer, Garofalo, Mann & Schultz can help you through many complexities surrounding the claim process involving truck accidents and fighting for your rights.
Truck accident compensation is designed to help victims recover financially after a serious crash. It’s not about paying immediate expenses, like medical bills or car repairs. Paying can solve long-term debt, pain, and suffering and impact your entire life. Knowing what you’re entitled to can make a difference in your recovery.
Accidents that involve commercial trucks are likely to be more severe in terms of the injuries and damage sustained, due to the large size and weight of these vehicles. In the United States in 2022, 5,936 fatalities occurred in large truck collisions, a 2% increase from 2021 and a 49% increase from the past decade, according to the National Safety Council. These kinds of effects can be profound and distressing for victims and their families.
The compensation a victim of a trucking accident gets in Ohio can take so many different forms. Some of the main categories to consider include:
The medical expenses cover every cost at the hospital, all surgical procedures, and any other expenses that, in most cases, will be required presently and later in the future for long-term injuries. Other future medical expenses could also involve specialized care in terms of rehabilitation, prosthetic devices, and continued therapy sessions. These accumulate over time, and not accounting for these in your claim will result in economic burdens long after the accident.
As your injury keeps you away from your work, then you are legally bound to regain lost wages. Where the effects on your employment potential are permanent, compensation includes the diminished earning capacity to help balance one’s economics.
For example, if you had a physical job before the accident and are no longer able to do that work today, your compensation should provide for that lifetime loss in earning capacity. You need to work with experts who will be able to calculate such losses precisely.
A massive truck collision is likely to lead to severe damage over your vehicle. Compensation will help in covering costs for repairs and, if a total loss, car replacement.
Additionally, all personal property that was in the car at the time of the accident may be claimable; that would include but is not limited to electronics and all other such valuables. Again, all damages must be photographed and all receipts should be kept on file in support of your claim.
Serious injuries may necessitate expensive transportation to and from medical appointments and rehabilitative services. These can be factored into your compensation claim so that your recovery is not complicated or hindered by financial burdens.
This may also include special transportation costs, such as wheel chair-enabled vehicles, or it may involve the hiring of a nurse to assist in daily care during recovery.
Several factors can affect the amount of compensation you’re entitled to:
The graver your injuries, the higher your compensation may be. This includes physical and emotional damage due to the accident.
For example, traumatic injuries like brain injury, damage to the spinal cord, and severe burns do command more significant settlements because they entail longer treatment and change a person’s life completely.
Ohio follows a doctrine of comparative negligence; this means your award may be lowered if you’re somewhat blamed for the accident. Determining fault accurately is critical to maximizing your settlement.
The Occupational Safety and Health Administration says that unsafe actions of automobile drivers are a contributing factor in a majority of fatal crashes involving trucks. Liability may involve one or more parties in truck accidents: the truck driver, trucking company, or even vehicle manufacturers. Thorough investigations are often necessary to identify all liable parties.
The cost of your claim will also be affected by the legal limits on insurance for each party. Freight companies often offer higher limits, but there is no guarantee that you will get the maximum amount without any problems.
Ohio imposes specific statutes of limitations and regulations on truck accident claims. For example, claims generally need to be filed within two years of the accident.
Faults in Ohio truck accidents are determined through a detailed investigation. Evidence such as police reports, witness statements, and truck maintenance logs can help establish liability. It’s also important to review the truck driver’s compliance with federal regulations, such as Hours of Service rules.
On-board electronic logging devices on trucks can provide critical evidence as to whether the driver drove in excess of legally permitted hours. Additionally, maintenance records will reveal whether the trucking company failed to address basic safety issues.
The settlement amount can vary widely depending on the different factors of a specific case. Factors include the severity of injury, fault, and insurance limits. On average, settlements of truck accidents tend to run higher than in car accidents since so many truck collisions result in devastating injuries.
The value of your truck is typically assessed based on its pre-accident market value. Compensation can cover repairs or replacement if the vehicle is deemed a total loss.
If you’ve made recent upgrades or customizations to your vehicle, these should also be factored into its assessed value.
The amount of pain and suffering is determined based on the physical and emotional consequences of the accident. For the determination of the amount, the courts or insurance companies may use either a multiplier method or a per diem method.
For instance, if you suffered extreme pain over several months, then your damages can include daily amounts times the number of days you suffered.
At Dyer, Garofalo, Mann & Schultz, we are dedicated to securing just compensation for our clients. Schedule your consultation now by calling us at 1-937-222-2222 and get legal support with a Dayton truck accident lawyer today.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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