When a semitruck weighing more than 10,000 pounds plows into a compact car or even an SUV, the driver of the smaller vehicle is more likely to suffer serious, if not catastrophic, injuries. If you were recently in a crash involving a truck, you may be wondering who will pay for your medical care — and the bills may be already piling up.
The Federal Motor Carrier Safety Administration reports that in 2021, 494,000 crashes involving large trucks occurred on U.S. roadways, 110,000 resulting in injuries and 5,149 leading to fatalities. The agency’s 2021 data also shows 223 people died on Ohio roads following large truck or bus crashes.
Truck Accidents in Ohio
More than 20 interstate highways crisscross Ohio, connecting across the state’s cities and towns to form freight routes. In 2022, truckers transported approximately 980 million tons of freight using Ohio’s major and minor freight routes.
The amount of freight moved in and through Ohio is expected to increase by over 50% within the next 25 years, which means that car and motorcycle operators may encounter more truck drivers who are texting or talking on the phone, driving inadequately maintained vehicles, or carrying incorrectly balanced or unsecured loads.
Often, truck crash-related injuries affect the back, neck, spinal cord, head, and internal organs. Medical treatment is typically not optional; it’s critical. Treatment, which may include an emergency room visit, several days at a hospital, a specialist referral, diagnostic tests, medication, and physical therapy, will need to be paid for.
Who Pays for Damages?
Ohio is a modified contributory fault state. This means that the person responsible for the crash must pay for your losses. If you were partly to blame, you’ll be assigned a portion of the responsibility, represented by a percentage. Any compensation you’re eligible for will be reduced by this percentage.
However, if your portion of blame is over 50%, you will not be able to seek damages through a personal injuryclaim.
Determining fault in a truck accident is rarely a simple driver-versus-driver decision. An investigation must be conducted to establish the cause. Was either driver distracted or fatigued? Did the truck driver lack experience? Was the truck improperly maintained? Did a defective part or poorly maintained vehicle lead to the crash?
After pinpointing the cause, a lawyer can move on to identifying the party responsible for your medical bills. This could be one party or a combination of several.
For example, a truck driver who is an independent contractor may own and operate the vehicle. In that case, your lawyer will likely negotiate with that driver’s insurer for compensation.
Some trucks are owned by companies — FedEx, UPS, Walmart, and J.B. Hunt are a few of the largest. In a crash involving a company-owned truck and an inexperienced or otherwise negligent driver, the trucking company may bear some liability.
If a defective vehicle or part had a role in the crash, then the vehicle or part manufacturer may be responsible. Or if the load contributed, the cargo company may receive the blame.
Injured in a Truck Accident?
If you were injured in a truck crash, contact Oliver Law Office for a free consultation. An experienced truck accident attorney at our women-led law firm is ready to assist you with your claim.
