There is a large growing trucking industry in Dublin, OH, as thousands of goods are making their way to its consumers' destination by commercial trucks. While trucking can be considered a lucrative business, and truck drivers consider it a good source of income, this industry is unfortunately associated with a very high fatality rate.
Motor vehicle drivers normally have much smaller vehicles and must always take precautions to protect themselves and their accompanying passengers from truck accidents. However, even with precautions in place, accidents can still happen.
Truck Accident Lawyers at "The Keating Firm" Can Help
If an individual happens to have been involved in a truck accident and has been injured as a result, they can call Keating Law Firm for a consultation of their case. The truck accident lawyers at Keating can be trusted in not only giving their clients the best legal advice but also in ensuring a top settlement for their trucking accidents. People may contact them online or simply phone the office today at (886) 836-4878 to get in touch with a legal representative.
The Keating Law Firm offers its clients a free case evaluation to answer any questions a person may have regarding truck accidents, allowing these personal injury lawyers to ease the stress and take the caseload off an individual's shoulders.
Common Causes of Commercial Truck Accidents
As already mentioned, commercial truck accidents are on the rise; however, trucks are still the best way, out of all the transportation methods available, to transport goods to consumers around and across Dublin, OH.
Moreover, as the demand for goods rises, so does the number of trucks being driven on Dublin roads. When these trucks are compared to other motor vehicle counterparts that also occupy the roads, it can be found that they have much poorer visibility and cannot maneuver around as quickly. It is for this reason that passenger vehicle drivers are expected to use extra caution when they find themselves traveling alongside large trucks on the road.
Reasons behind trucking accidents have been broken down into three categories:
1. Critical Events
The circumstances that led to a truck accident being regarded as unavoidable are referred to as critical events. Three major critical events have been identified below:
Truck drivers that have veered into another car's lane and out of their own.
Loss of control as a result of driving too fast with the conditions. Shifting cargo, mechanical failures, and poor road conditions have led to many trucking accidents.
Rear-end collisions in the truck's lane with another vehicle.
2. Critical Reasons
Critical reasons for trucking accidents relate to the immediate failure or the immediate reason that lead to the car accident, and a further four categories have been established:
Non-performance
The first category relates to the actions where the truck driver was physically impaired and unable to act appropriately. Included in this category are actions such as falling asleep at the wheel or being disabled by another physical impairment, for example, having a seizure or heart attack while driving.
Recognition
The second category calls attention to accidents caused by the truck driver being inattentive, distracted, or both.
Decision
The third category accounts for the largest share of trucking accidents and makes reference to truck drivers making poor decisions or wrong choices that resulted in an accident. Following too closely behind another vehicle, speeding, or driving too fast for the conditions all fall within this category.
Performance
The fourth and final category under critical reasons refers to truck drivers who are unable to exercise good directional control by being panicked.
3. Associated Factors
In addition to the aforementioned causation of trucking accidents, there are also hundreds of associated factors that influence whether or not a collision will take place and the severity of the accident.
The factors in this category refer not only to truck drivers but to the driver of the large truck, as well as the driver of any other motor vehicle involved, as not all collisions are the fault of the truck drivers.
Some of the associated factors are listed below:
Braking problems
Driver fatigue
Drug and alcohol use, including prescription drugs
Poor attention, inattention, or distraction
Speeding
Traffic congestion
Rubbernecking (a previous crash)
Unfamiliarity with the roadways
Roadway issues (shifting lanes, potholes, construction, and more)
Failure to yield when necessary
Illegal maneuvering or handling of the vehicle.
How Does a Truck Accident Attorney Help After an Accident?
An individual may wonder whether they have the grounds to sue as a result of the aftermath of injuries after a trucking accident. In many cases, it is possible. However, an experienced Dublin truck accident attorney will be needed to take the lead and help their clients develop winning legal strategies to recover financial compensation for any injuries, losses, and damages.
The most important role of a truck accident attorney is to help their clients determine liability in their case. Often, trucking accidents involve multiple parties that may be liable, including the truck driver and their trucking company.
To determine the next steps and the course of action after an individual has been injured in a truck accident, consultation is required. Victims may call The Keating Firm today and discuss the details of the case with these outstanding lawyers.
Proving Negligence of a Truck Driver
Based on the facts of the case that an individual provides during their consultation, a truck accident lawyer will begin to determine who is liable for the accident and actively pursue action against the insurance company.
Establishing negligence is a major part of determining fault. In order for Columbus truck accident lawyers to prove that the driver of the truck was acting negligently, they will gather the following evidence to establish:
Firstly, the truck driver had a duty of care towards other drivers on the road. Drivers of large commercial trucks must take reasonable actions to prevent accidents from occurring.
Secondly, the driver has failed to meet or has breached the duty of care established, and it is this failure of action or action in general that caused the accident.
Finally, a link must be drawn between an individual's injuries and the truck accident. A truck accident lawyer must be able to show that a person's injuries, damages, or losses are the direct result of a truck accident that was caused by a negligent truck driver.
If negligence can be proved, then the personal injury lawyer has managed to establish fault in a client's truck accident case. If the driver of the truck is not fully at fault or wholly to blame for the truck accident, then truck accident lawyers will go after the trucking company as well.
Holding a Trucking Company Liable for the Accident
Determining fault in a truck accident may not always be straightforward. If this is the situation, a person needs an experienced attorney acting on their behalf. Those that fail to hold the trucking company liable, as well as its driver, may be missing out on a very large settlement that will help contribute financially towards any damages and medical bills.
Dublin truck accident lawyers will establish a case against the trucking company if they can prove that it acted negligently when hiring and training its employees. Some ways in which partial or total company liability can be proved is through establishing that:
The company did not obtain a background check where any previous traffic records would be revealed, including any violations or convictions for reckless driving.
The employee was not properly trained by the trucking company and allowed employees to operate the vehicles without adequate experience or knowledge.
Mechanical failure that resulted from the company failing to maintain its equipment.
Other Dublin Practice Areas
Different Types of Compensation
Compensation may be entitled to those who have been seriously injured in a truck accident so that they can pay any medical bills and expenses for both the present and the future. A serious injury can impact a person for a lifetime.
Compensation, however, does not have to end there. An experienced attorney can also demand settlements that cover the following:
Medical expenses, for the present and the future, that relate to the injury that was sustained during the accident. Emergency room visits, assistive devices, rehabilitation, surgical costs, and ongoing care are all included under the term "medical expenses."
Loss of earning capacity, as well as lost wages. Injuries sustained during a truck accident may require an individual to be away from work for an extended period. Thus, they are entitled to any wages that were lost, as well as any future wages that they will be missing out on.
A person has the right to compensation for non-economic damages. These include pain and suffering, as well as mental anguish. Not all pain associated with an injury is physical, and those who have developed anxiety, depression, and PTSD after the truck accident deserve remuneration for these burdens.
As a final reminder to those who have been involved in a trucking accident in or around the Dublin area, the compassionate lawyers employed at Keating Law Firm are here to help them during these extremely difficult times.