
A trucker, their employer, a truck manufacturer, or other parties can be responsible for a delivery truck accident in Dayton. After a delivery truck accident, meet with a personal injury lawyer with relevant case experience. Your attorney will evaluate your case and determine who is liable for your accident.
Your Dayton delivery truck accident lawyer investigates your collision. They look at traffic camera footage, interview witnesses, and review an accident report. Once your attorney identifies any liable parties, they can seek compensatory damages from them through an insurance claim or personal injury lawsuit.
When Is a Trucker or Their Employer Responsible for a Delivery Truck Accident in Dayton?
A trucker can be responsible for a delivery truck crash in Dayton if they commit a careless or reckless act. For example, a truck driver must comply with hours of service (HOS) rules and other trucking industry regulations. If this driver chooses not to do so and causes an accident in which your car is damaged and you are injured, you may hold them liable for your losses.
There are times when a trucking company is at fault for a truck crash. If a truck company allows someone to drive one of its vehicles without a valid commercial driver’s license (CDL) or does other things to put motorists in danger, the business can be held accountable if this individual causes an accident.
Trust a Dayton truck accident lawyer to give your case their undivided attention. If your attorney finds that a truck driver or their employer is at fault for your accident, they can pursue economic and non-economic damages from them.
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What Third Parties Can Be Liable for a Delivery Truck Accident in Dayton?
Outside of a delivery truck driver or trucking company, a vehicle manufacturer, mechanic, cargo loader, or government entity could be to blame for your accident. Your Dayton personal injury lawyer learns about the incident. If someone else is liable, they will advise you to file an insurance claim or personal injury lawsuit promptly.
According to Ohio Revised Code § 2305.10, you have two years from the date of a delivery truck accident to submit a claim or lawsuit. If you file a claim, your attorney can negotiate a settlement with the at-fault party’s insurance company. With a lawsuit, your lawyer will get your case ready for trial.
Notify your auto insurance company about your delivery truck collision, as this opens the claims process. Your lawyer will keep you updated about your claim. If a liable party’s insurance company offers a settlement, evaluate the proposal with your attorney. Or, if you do not get a fair settlement proposal, your attorney will encourage you to move forward with a lawsuit.
Who Is at Fault for a Delivery Truck Accident if I Am Partly to Blame?
You and another party can share responsibility for a delivery truck accident. If you are partly at fault for this incident and file a lawsuit against the other party, a judge or jury can reduce your damages by your percentage of fault. Alternatively, if you are primarily to blame, you cannot receive damages.
Ohio has a comparative negligence statute that applies to delivery truck collision cases. With this, a judge or jury can rule that you are up to 50% liable for your truck accident. If this occurs, the court will award partial damages. For instance, if you are 20% at fault for your delivery truck crash, you will get 80% of the damages you requested.
Now, consider what can happen if you are more than 50% at fault for your delivery truck crash. In this situation, you are more to blame than anyone else. Thus, you are responsible for your accident losses.
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How Do I Prove That Someone Else Is Responsible for My Delivery Truck Accident in Dayton?
Partner with a Dayton personal injury attorney familiar with the damages and compensation available in Ohio truck accident cases. Your lawyer calculates your accident losses. They also gather evidence to show that you are not to blame for your accident. Proof that you can use in your case against a liable party includes:
- Accident scene photos and videos
- Witness statements
- A truck’s black box data
- A truck driver’s cell phone records
- Truck maintenance records
Your lawyer will use evidence to argue that an at-fault party acted negligently and caused your accident, injuries, and damages. If your attorney succeeds, you could get a settlement that covers your medical bills, pain and suffering, and other accident losses.
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Take Legal Action Against Anyone Responsible for Your Delivery Truck Collision in Dayton
You have a limited time to request damages from anyone at fault for your Dayton delivery truck accident. Discuss this incident with a truck accident attorney. From here, your lawyer can build an argument that makes it clear to a judge or jury why you should receive damages.
Let the award-winning attorneys at Cooper Elliott achieve your vision of justice. We have obtained over $700 million in compensation for delivery truck accident victims and many others. Allow us to serve as your legal representation. Schedule a case consultation with us.
Call or text 614-481-6000 or complete a Free Case Evaluation form