Columbus Truck Accident Attorneys

What are the Hours of Service Regulations?

Trucking companies and their drivers are heavily regulated by the FMSCA in order to reduce the chances of an accident since trucks can cause so much damage to other vehicles in the event of a collision. The hours of service regulations are one such rule that are aimed at preventing fatigued driving.

According to these rules:

• Truck drivers can work only 14 hours in one day
• Truck drivers must rest or take meal breaks totaling 3 hours in a day, meaning they are only allowed to drive for 11 hours a day
• Drivers must rest for at least 10 consecutive hours at the end of the day
• Truck drivers must take days off work regularly

Who is Liable After a Truck Accident in OH?

A truck driver is not usually the one who is held liable after a truck accident; instead, it is most often the trucking company. The main reason for this is because trucking companies are often caught expecting their drivers to break trucking regulations in order to save their company money. At times, the truck driver is held liable, especially if the accident was caused by their negligence, such as driving while under the influence of alcohol.

There are other parties that can be held liable, such as a truck manufacturer or cargo loading team, although it happens less often. The legal team at Rourke & Blumenthal is experienced in investigating truck accident claims and is ready to help you today.

How Truck Accident Cases Vary From Car Accident Claims

Truck accidents and car accidents may both include motor vehicles but the claims or lawsuits that surround them can vary significantly. In particular, evidence necessary to win a case and liability – or who to sue for damages – in a trucking accident may seem like night and day compared to the typical car accident claim.

In a car accident, most of the evidence pertinent to the case can be found right there at the scene of the crash; photographs, eyewitness testimonies, and a police report can come in handy for a car accident case. In a commercial truck accident, you may need to look elsewhere for evidence you might not have even suspected would be useful for your claim.

Talk to your attorney about obtaining:

• Truck driver’s qualifications and training
• Schedule for the day and the last few weeks
• Electronic on-board recorder files
• Vehicle inspection and maintenance records
• Cargo weight tickets
• Specific instructions from truck’s dispatcher

It is important to realize that many crucial documents that can be used in your case are time-sensitive. Some logbooks can be disposed of after only six months, according to regulations by the Federal Motor Carrier Safety Administration (FMCSA). You should act quickly with a lawyer’s help to get the documents you need while they still exist.

Liability Considerations in Columbus

When you get struck by a driver in a civilian vehicle, you will have one person in mind when creating your lawsuit: the driver. They might ultimately be defended by the efforts of their insurance company, but liability, according to your lawsuit, falls solely on them. When you are injured in a semi-truck accident, liability may fall on one or more parties.

Parties that could be liable for your injuries in a truck accident include:

• Truck driver that drove recklessly
• Maintenance crews who failed to make the truck serviceable
• Employer who worked the trucker too many consecutive hours
• Load crew who poorly stacked or loaded freight

There are even instances in which the owner of the trailer, not the tractor rig pulling it, could be liable. With so many potentially liable parties, the chance of filing against the wrong person and losing claim validity increases. If you want to have confidence in your lawsuit, you should make certain you work with professional lawyers who have handled countless car and truck accident claims.

FAQs About Truck Accidents in Columbus

What Should I Do After a Truck Accident in Columbus?

After an accident, the safety and health of those involved take precedence. Call emergency services to attend to any injuries and document the scene with photographs, if possible. Acquire contact details of witnesses, and refrain from admitting fault or making definitive statements about the accident. Contact a truck accident lawyer as soon as possible to secure and preserve vital evidence and to handle communications with insurance companies. These immediate actions are crucial in protecting your rights and laying the groundwork for a comprehensive legal strategy.

How Is Compensation Determined in Truck Accident Matters?

Compensation in truck accident-related matters is typically determined by assessing various damages incurred due to the accident. These can include immediate and future medical bills, rehabilitation costs, lost wages, and loss of earning capacity. Compensatory evaluations also consider non-economic damages like emotional distress and pain and suffering. The extent of the truck driver's negligence or breach of regulatory compliance further impacts the award. Engaging a skilled lawyer can ensure that all these elements are thoroughly evaluated to pursue the full extent of deserved compensation.

What Role Does Evidence Play in a Truck Accident Matter?

Evidence is pivotal in substantiating claims related to truck accidents. This can include eyewitness testimonies, photographic evidence of the crash site, electronic data recordings from the truck, and maintenance logs. The preservation and acquisition of evidence often require timely actions, as certain digital records may be erased if not promptly secured. A lawyer specializing in truck accidents can guide you in collecting and preserving necessary evidence, thereby strengthening your case.