Truck accidents have the potential to cause serious injuries and property damage, which can significantly impact you or a loved one’s life. In the aftermath of a collision, you may be shocked and confused, and unsure of what your next steps should be.
It is essential to know what to do following a truck wreck, as this can protect your physical and mental well-being as well as your legal rights. Reach out to an Ohio truck accident lawyer at Gervelis Law Firm today for a free consultation.
Immediate Steps To Take After a Truck Accident
Ensure Safety and Call 911
After a collision with a truck, it’s essential to move to a safe location if possible. Under Ohio law, you are legally obligated to report serious accidents, including those involving injury, death, or significant property damage. Failure to do so can result in fines, license suspension, and even prison time.
Seek Medical Attention Right Away
Even if your injuries appear minor, it’s essential to seek prompt medical attention. A doctor can identify hidden conditions like internal bleeding, whiplash, or a concussion that may not be immediately noticeable. Medical records created during this visit serve as critical evidence and can greatly strengthen your claim for compensation.
Gather Evidence at the Scene
If it is safe to do so, take photos and videos at the scene of the accident. Focus on capturing the following:
- Vehicle damage
- The position of vehicles
- Skid marks and road conditions
- Traffic signals and signs
- Visible injuries
- The overall accident scene from different angles
- Note nearby surveillance or traffic cameras
You will want to collect contact and insurance information from all parties involved, including the truck driver and their employer. Also, obtain the names and contact information of any witnesses and note the time, date, and location of the incident.
File an Accident Report in Ohio
Under Ohio law, you’re legally required to report a motor vehicle accident if it involves injuries that require medical attention, a wrongful death, or property damage exceeding $1,000. If the accident involves an uninsured driver, Ohio law requires you to file a crash report with the BMV. You have six months from the date of the accident to submit this form.
An OH-1 Traffic Crash Report is the official form used by law enforcement to document traffic accidents in Ohio. If police did not respond to your accident, you may have to fill out this form yourself.
When completing any accident report, it’s essential to provide accurate and truthful information. Intentionally misrepresenting or omitting facts can result in legal consequences and may negatively impact insurance claims or legal proceedings.
Don’t Admit Fault or Discuss the Crash in Detail
You should always avoid speculation or placing blame on yourself. Don’t give any recorded statements to insurers without first seeking legal advice. Any of these errors could result in you losing the ability to recover compensation.
Notify Your Insurance Company
You should report the accident to your insurance company promptly, as per the policy’s requirements. Provide factual information, but avoid giving a recorded statement or signing anything from the other party’s insurance company without legal counsel.
Contact an Ohio Truck Accident Attorney
Truck accidents are more complex than standard car crashes. These incidents can involve issues such as trucking regulations, logbooks, black box data, and corporate insurance. An attorney can preserve evidence and protect a victim’s rights. Call Gervelis Law today for more information.
Understanding Ohio Law Relevant to Truck Accidents
Ohio operates as an at-fault state, meaning that the driver who causes an accident is legally liable for the damages incurred. Those who are responsible for a truck accident are required to compensate the other party for property damage, medical expenses, lost wages, and other damages.
The state’s modified comparative negligence laws enable drivers to recover damages even if they share fault. You can still recover damages if you are 50 percent or less at fault, but your percentage of fault will reduce your compensation. However, if you are found to be 51 percent or more at fault, you cannot recover any damages.
In Ohio, you need to file a personal injury or wrongful death lawsuit within two years of the accident, according to Ohio Revised Code § 2305.10. If you fail to do so within this timeframe, you may be prevented from receiving any compensation. While there are limited exceptions, it’s crucial to act promptly following an auto collision to avoid losing your rights to recovery.
Dealing With Trucking Companies and Their Insurers
Trucking companies and their insurers typically have adjusters and legal teams that will contact the victim shortly after an accident. Be aware that their goal is often to minimize payouts. They can also use recorded statements or signed documents from you to reduce the overall compensation owed. Because of this, you should avoid speaking with insurance or signing anything before first consulting with legal counsel.
Contact a Truck Accident Lawyer at Gervelis Law Firm if You Have Been Hit by a Truck
If you or your loved one were injured in a trucking accident while driving a car, motorcycle, or while walking, know that you have legal options available to you. These incidents can result in severe bodily harm that can change the entire course of your life.
At Gervelis Law, our compassionate attorneys are here to help with your claim from initial filing to final resolution. We care about our clients and the outcome of their case. Don’t hesitate to contact our team today to schedule a free consultation. Allow us to partner with you on this challenging journey, so you can focus on recovery while we handle the bulk of your case.
