When a trucking accident happens, a much larger vehicle hits a smaller vehicle. The risk of fatalities or severe injuries is much greater depending on the circumstances. For example, in a semi-truck versus Toyota accident, usually the smaller vehicle will have the more severe damages and injuries.
What Are Some Of The Severe Injuries That You See Resulting From Trucking Or Commercial Accidents In Ohio?
In a trucking or commercial accident, there are more fatalities and fractures. There are soft tissue type injuries, as well as clear concise injuries like fractures or concussions.
Who Is Potentially Liable For My Injuries Suffered From A Commercial Vehicle Or A Trucking Accident That Occurred In Ohio?
If the driver is determined to have caused the accident, that driver is always going to be liable for injuries suffered from a commercial vehicle or trucking accident. If they are employed by a business or organization, there is an opportunity to pursue a claim against the employer because the driver was acting as an agent of the employer. The employer is ultimately liable for the misdeeds of its agents and employees. When there is a more substantial injury, the focus is on identifying the most financially beneficial party that is able to cover the serious injuries.
If Someone Dies From Their Injuries Received In Through A Trucking Or Commercial Vehicle Accident, If There is A Personal Injury Case That’s Already In Process, Does That Automatically Then Become A Wrongful Death Case Or Is That Sort Of Up To The Heirs, If It Goes Forward Or Not?
If someone dies from the injuries they suffered in a trucking or commercial vehicle accident, the case becomes a wrongful death lawsuit. The case goes through the probate court because the heirs have to make the claim; not the injured party, so the case will be converted.
I Was Hit By A Semi-Truck in Ohio. The Trucking Company Is Based In Another State, Does This Complicate My Personal Injury Claim?
An accident with a semi-truck from another state that occurs in Ohio does not necessarily complicate the personal injury claim. By driving in the state of Ohio, the trucking company submits to Ohio laws and regulations, therefore the local court would have jurisdiction if an injury happens in the state. There is the matter of establishing jurisdiction, but if the injured party lives in Ohio and the accident happened there, jurisdiction can be established in Ohio and the other party can be served. There is more of a problem if the driver or the company is from Canada and jurisdiction cannot be established.
Do You Find That These Trucking Accident Or Commercial Vehicle Accident Personal Injury Cases, Are These More Difficult To Win Just Simply Based On The Resources Of These Insurance Companies That Are Behind The Trucking Companies?
The vast resources available to insurance companies representing the trucking companies can be problematic in trucking and commercial vehicle accident personal injuries cases. One obstacle with litigation in personal injury is having a very conservative jury pool and the insurance companies know this. Years ago, insurance adjusters made reasonable compensation offers, unfortunately, this no longer is the case.
Currently, all insurance companies use a computer program to assess an injury. Understanding how the computer program works is key to successfully negotiating with insurance adjusters. Computer-generated compensation offers mean more extensive treatment is required because the insurance adjusters use the injury diagnosis, type of treatment, and length of treatment to establish a range of compensation. The adjuster cannot go beyond that range. The first assessment or evaluation is not in the client’s best interest, so the lawyer has to be able to overcome that first computer program by insuring the correct treatment or diagnosis codes are input properly and making sure the numbers are run properly.
Insurance companies know this and make an unfair offer to unrepresented parties. If the case goes to court, most clients do not have the resources to cover the cost of the expert witnesses and independent medical examinations. Insurance companies have extensive resources and have no problem going through the process of having expert witnesses testify.
At some point, the personal injury lawyer must assess the client’s level of risk versus what they can tolerate as far as a potential out of court resolution. Going to trial is a risk for both sides and experience counsel is imperative in helping to minimize that risk.
For more information on Personal Injury Law in Ohio, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (937) 999-3883 today.