Truck Accident Lawyer Hamilton

Truck Accident Attorneys

Doug Mann

Last updated on August 14th, 2024

Truck accidents can cause life-altering injuries that significantly disrupt the lives of the victims. These accidents involve huge financial distress, physical pain, and emotional trauma. If you are involved in a truck accident in Hamilton, you need to seek compensation through legal action. A truck accident lawyer Hamilton can advise you based on your unique circumstances to pursue justice.

At Dyer, Garofalo, Mann & Schultz, we understand the profound impact that truck accidents can have on individuals and their families. Our team of attorneys specializes in handling clients’ cases with compassion. If you are in this situation, engage us and we’ll begin fighting for your rights to secure proper legal recovery.

Statistics of Truck Accidents in Ohio

Ohio’s expansive network of highways and ever-changing weather conditions play a big role in truck accidents. In 2022, Ohio reported 5,837 large truck fatal accidents, which was a 1.8% increase from the previous year.

The distribution of fatal truck accidents between different environments presented some insights. The majority, at a little over half (54%), took place in rural settings, while 46.02% happened in more urban locations.

When it came to the types of roads where these unfortunate incidents occurred, only 26.6% happened on the interstate. The vast majority (73%) occurred on non-interstate roads, such as local roads or highways.

Furthermore, over half (61%) of these fatal events occurred during daytime. However, night accidents accounted for 38%. A relative rarity of these accidents happened in work zones, which accounted for just 4.5% of the total, indicating that 95% of truck accidents occurred outside workplaces.

Common Causes of Truck Accidents

Truck accidents in Hamilton and across Ohio can occur for a variety of reasons, often involving a combination of factors. Understanding these causes is crucial for establishing accountability and mitigating the risk of future incidents.

Here are some common causes of truck accidents in Hamilton:

• Driver fatigue. Truck drivers often work long hours, sometimes exceeding the limits set by regulations. Fatigue can impair a driver’s ability to react quickly to road conditions that increase the risk of accidents.
• Distracted driving. With the rise of mobile devices, distracted driving has become a significant concern. For instance, truck drivers may be distracted by texting and other in-cab activities. Even minor distractions can lead to serious issues while driving trucks.
• Speeding and reckless driving. Due to tight delivery schedules, some truck drivers tend to speed or engage in reckless driving behaviors. These actions reduce the driver’s ability to control the vehicle, especially in emergency situations.
• Improperly loaded cargo. Cargo that is not properly secured can shift during transit and cause the truck to unbalance. This imbalance has been known to be a top cause of rollovers or jackknife accidents.
• Mechanical failures. Poor maintenance or defective parts can lead to mechanical failures, such as brake failures. If there are no regular inspections and maintenance, such accidents will be inevitable.
• Adverse weather conditions. Adverse weather conditions can significantly affect a truck’s handling and stopping distance. Drivers who don’t exercise caution and adjust their driving to accommodate these conditions may cause accidents.

Your truck accident lawyer Hamilton will conduct a thorough investigation to accurately determine the cause of the accident. This is key for correctly assigning fault, which is essential for pursuing fair restitution.

Typical Injuries From Truck Accidents

The injuries sustained in truck accidents are often severe and life-changing. This is because of the sheer force of a truck collision. Trucks’ massive weight, which is typically 20 to 30 times heavier than ordinary vehicles, can significantly increase the likelihood of more severe crashes. Mostly, these injuries require extensive medical treatment and long-term care.

Common injuries from truck accidents include the following:

• Traumatic Brain Injuries (TBI): Due to the huge impact of truck crashes, victims may sustain injuries such as concussions and severe brain damage. These injuries are serious and can greatly affect one’s cognitive function, physical abilities, and emotional well-being.
• Spinal Cord Injuries: Truck accident victims may also sustain injuries to the spinal cord. Usually, these injuries are known to cause serious issues, including paralysis, which is quite a disruption to a person’s quality of life.
• Broken Bones and Fractures: The impact of a truck accident can cause multiple fractures. Sometimes, these may require surgeries and prolonged rehabilitation before reaching maximum medical improvement.
• Internal Injuries: The force generated during such impacts can cause rapid deceleration, where occupants are forcefully thrown against interior surfaces, resulting in internal injuries. Injuries to internal organs can be life-threatening and may require emergency surgery.
• Lacerations and Burns: The intense heat generated during a collision can cause surfaces within the vehicle to become hot enough to cause burns upon contact. As a result, victims may suffer deep cuts or burns, which may cause disfigurement and emotional trauma.

These injuries often require a dedicated and determined approach to ensure they are properly addressed during recovery. Victims may face extensive medical bills, loss of income, and a long road to recovery, hence the need for adequate compensation.

A truck accident lawyer Hamilton can help value your claim by accurately assessing the impact of the injuries. They often collaborate with medical experts to evaluate the extent of the injuries to ensure that all aspects of the injury are accounted for in the compensation claim.

Also, to ensure that the compensation accurately reflects the full impact of the accident, your lawyer may recommend waiting until you reach Maximum Medical Improvement (MMI). This point shows that your injuries have stabilized and further medical treatment will not significantly change your condition. That way, your lawyer will be in a position to accurately assess the long-term effects of your injuries, such as permanent disabilities or ongoing medical needs, for a more comprehensive settlement.

Who Can Be Liable in a Truck Accident in Hamilton, OH?

Determining liability in a truck accident may involve multiple parties. The trucking industry is heavily regulated through federal and state regulations. Therefore, fault determination in truck accidents involves considering various factors.

Fault for a truck accident in Hamilton may fall under the following parties:

• The truck driver. The driver may be liable if they were negligent, such as driving under the influence, speeding, or violating traffic laws.
• The Trucking Company. Employers can be held responsible for the actions of their drivers. Federal laws require trucking companies to enforce safety regulations or properly maintain their fleet. If they fail in this responsibility and an accident occurs as a result, they will be liable.
• Cargo Loaders. If improper loading contributed to the accident, the party responsible for loading the truck could be held accountable.
• Vehicle Manufacturers. In the event of a truck accident caused by a mechanical defect or failure, the manufacturer of the faulty part or the truck itself might be liable.
• Maintenance Providers. Companies or individuals responsible for maintaining the truck could be liable if it is established that improper maintenance led to the accident.

Determining liability in truck accidents requires a thorough investigation and legal expertise. Challenges can arise in proving negligence or connecting the actions of multiple parties to the accident. This is why it’s crucial to hire the services of a truck accident lawyer from Dyer, Garofalo, Mann & Schultz.

How To Gather Evidence for a Claim?

Gathering evidence is an important step in building a winning truck accident claim. The evidence must demonstrate the extent of injuries and prove fault. Key types of evidence in truck accidents include:

• Accident Reports: Police reports can provide a detailed account of the accident, including witness statements and the responding officer’s observations.
• Medical Records: Comprehensive medical documentation is essential to establish the nature and extent of injuries, as well as the required treatment and prognosis.
• Photographs and Videos: Visual evidence from the scene can help establish the facts of the accident. This includes showing damage to the vehicle and other property and any visible injuries.
• Witness Testimonies: Witness statements can back up the victim’s accident description and offer additional viewpoints.
• Electronic Logging Devices (ELDs): These devices track the driver’s hours of service and can provide evidence of fatigue or violations of hours-of-service (HOS) regulations.
• Vehicle Maintenance Records: Records of the truck’s maintenance history can indicate whether proper maintenance was conducted.

After experiencing a truck accident, you should involve a lawyer immediately to begin gathering and preserving this evidence. They can even issue subpoenas to obtain necessary documents, consult with experts to analyze the evidence, and build a compelling case that supports your claim.

Why Hire a Hamilton Truck Accident Lawyer?

While the law doesn’t bar you from representing yourself, it is recommended to hire a truck accident lawyer Hamilton for your truck accident case. Trucking companies and their insurers often have extensive resources and legal teams working to minimize their liability and payout. Luckily, your lawyer knows how to level the playing field and advocate for your best interests.

Here is why you need to hire a truck accident accident attorney:

• Experience: Truck accident attorneys have specialized knowledge of the laws and regulations governing the trucking industry. They quite understand these cases well and can pinpoint all possible sources of responsibility.
• Comprehensive Investigation: A lawyer has the resources to undertake a thorough investigation into the accident, gather evidence, interview witnesses, and if necessary, consult with experts.
• Negotiation Skills: Lawyers are adept at negotiating and can effectively communicate with insurance companies to ensure fair compensation. They are well-versed in the tactics used by insurers to undervalue claims and can effectively counter these strategies.
• Representation in Court: If an amicable agreement cannot be achieved through negotiations, an attorney has the option to bring the case to court and represent your claim in court.

At Ohio Tiger, we are committed to providing compassionate legal representation for truck accident victims in Hamilton. Our legal team understands the difficulties you might be going through in such moments. As you focus on recovery, we are committed to devoting our time and efforts to ensuring you receive fair compensation.

Our Hamilton Truck Accident Attorneys Are Ready To Help

A successful truck accident claim requires robust legal representation and unwavering advocacy. At Dyer, Garofalo, Mann & Schultz, our attorneys are poised to stand by your side. We aim to offer compassionate support and formidable representation to help you secure the compensation you rightfully deserve. We will accurately assess the impact of the truck accident on your life and file a claim that seeks commensurate compensation.

Fill out our online form or call 937-222-2222 to request a free consultation to begin your journey of reclaiming your life.