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A Truck Hit Me In Ohio. Should I File A Lawsuit?

December 5, 2022 / Chip Cooper

In Ohio, a vehicle crash results in injury every five minutes.

If you have been the victim of one of these auto accidents, especially involving a large truck, you may be able to sue for the cost of damages. 

At Cooper Elliott, our personal injury attorneys are ready to help as you fight for justice when an auto accident involving a commercial truck has left you facing injury and damages.

Read on to learn everything you need to know about truck accident lawsuits in Ohio.

Who Was At Fault?

If you want to file a lawsuit over a truck accident, the first thing you need to do is determine who is at fault.  Potentially responsible parties include the truck driver, the trucking company that employed the driver, among others.  It is critically important to investigate all potential avenues of recovery.

Some examples of behavior that may result in responsibility for the driver include:

  • Driving under the influence
  • Distracted driving
  • Speeding

On the other hand, some examples of behavior that may result in responsibility for the trucking company include:

  • Forcing drivers to exceed hours of service limits
  • Neglecting the maintenance of a truck
  • Going over legal load limits
  • Failure to properly train drivers

Beyond the driver and the trucking company, you also need to investigate whether a broker or shipper may also be responsible for the crash.  For example, did the broker/shipper properly vet the company it hired to deliver the load?  Did the trucking company have a history of problems that should have been known to the broker/shipper before proceeding?  Answers to these questions will help get to the bottom of who had responsible for the crash.

What Damages Can I Recover?

If you are injured in a truck crash, there are generally two types of damages you can recover: economic damages and non-economic damages. 

Economic Damages

When you have been hit by a vehicle as large as a truck, you may have significant medical expenses and lost wages.

Whether it is an immediate medical bill, such as surgery to repair a broken limb, or a long-term medical bill such as the cost of physical therapy, you can recover any current or future medical bills relating to this accident.

You can also recover lost wages for the time you missed from work, as well as cover the funeral costs of anybody who passed away due to this accident.

Non-Economic Damages

Non-economic damages are more difficult to calculate but generally include things such as pain and suffering, mental anguish, and other emotional damages.  

Also included in this category are the things you used to be able to do but either can no longer do, or cannot do in the same way you did before the crash.  For example, if you used to be an avid runner but because of your injuries you cannot run anymore, that would be compensable.

Are You Within The Statute Of Limitations in Ohio?

If you decide to file a lawsuit, you must ensure that you do so within any applicable statute of limitations.  In Ohio, you generally have two years from the date of the crash to file a lawsuit.

Contact Cooper Elliott Today

No matter who was at fault in your Ohio trucking accident, our attorneys at Cooper Elliott are ready to help you in your fight for justice. Schedule a free evaluation today to get started on your case.

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