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Cleveland Truck Accident Lawyer

cleveland-truck-accident-injury-lawsuit Truck accidents are a serious and potentially fatal threat to everyone on the road. But, while truck drivers and their employers take safety precautions, there is always room for improvement.

Sadly, some companies cut corners regarding training, maintenance, or other aspects of safe driving practices.

At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates for truck accident victims who have been harmed through another's negligence.

Call our law firm at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation.

Our experienced personal injury attorneys have handled numerous injury claims involving large trucks, and we know how to navigate this complex process so that you get all the money you deserve from those responsible for your injuries.

Truck Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), traffic accidents across the United States and Ohio have risen significantly over the last few years.

Data reveals that:

  • In 2019, the number of fatal truck accident death increased by 3.4% from the previous year
  • In 2018, there were 3,986 people killed in large truck crashes, which is an increase of 10% from the prior year
  • There were 36,875 large truck occupants injured in 2018, which is also an increase of 10% from 2017
  • The state of Ohio ranks 5th highest in the nation for the number of fatal truck accidents, with 191 deaths in 2018
  • In Ohio, in 2016, the most recent year with data available, there were 1,802 crashes involving commercial trucks, resulting in 9 fatalities and 297 injuries

Nearly all of these truck accident cases could have been avoided had all drivers followed traffic laws.

Trucking Accident Facts: Ohio

Ohio is the fourth largest state by land mass and has one of the largest populations in the United States, with more than 11 million people living within its borders.

Ohio has 32,286 miles of public roads and 575 public-use airports open to the public for commercial use.

Ohio is connected by several major highways, including:

The Federal Motor Carrier Safety Administration (FMCSA) regulates freight transportation, including interstate trucking, intrastate trucking, and household moving companies.

There are 5,567 interstate trucks registered in Ohio. It includes professional drivers with a commercial driver's license (CDL) and those without a CDL. Out of all these numbers, only 3,405 are considered "active" by the FMCSA.

In Ohio, 1,032 truck accidents in 2016 resulted in 985 injuries and 71 fatalities. The highest number of truck accidents occurred in Franklin County (Columbus), with 173.

Causes of Truck Accidents

According to FMCSA, numerous contributing factors lead to severe and catastrophic truck accidents.

The leading factors include:

  • Driver error: Making mistakes behind the wheel causes severe injuries and deaths. Many driver mistakes involve speeding, running red lights and stop signs, and operating trucks while under the influence of drugs or alcohol
  • Speeding: Data proves that speeding is a leading factor in many truck accidents.
  • Unsafe driving practices: Commercial drivers with freight to deliver are most likely to engage in unsafe driving practices if they are pressed for time while attempting to meet deadlines and stay on schedule.
  • Driving too many hours: The FMCSA Regulations restrict the length of time truckers can be on the road on any given day. For every eight hours that drivers are on the road, they must have 30 minutes of rest. This limit of 11 hours of driving time is per any given day.
  • Truck operator fatigue: Most non-driver truck accident fatalities are attributed to fatigue. Many times, fatigued workers fall asleep while operating commercial vehicles. Another reason for driver fatigue.
  • Inexperienced drivers: A lack of experience behind the wheel leads to many truck accidents. While there are strict requirements for new drivers, not all operate vehicles safely and responsibly.
  • Unsafe vehicles: Faulty design or defects in the vehicle's construction may cause serious injuries during accidents.
  • Lack of safety equipment: The absence of safety devices such as seatbelts and airbags contribute to truck accident deaths and injuries.
  • Defective equipment or parts: When parts and equipment used to operate vehicles are defective, it can lead to serious crashes resulting in injuries and death.
  • Truck Design Issues: The truck's design may play a role in causing fatal accidents. Trucks with poor visibility and poor handling abilities increase the risk of truck accidents.
  • Adverse weather conditions: Driving a fully loaded semi-tractor-trailer in the rain, snow, heat, and darkness are all a bad combination, often leading to catastrophic or fatal truck accidents.
  • Reckless driving: When drivers disregard the road rules, they put everyone at risk, including themselves and other motorists. Not only does driving recklessly illegal, but it also kills and maims innocent drivers and passengers.
  • Driver distraction: Driver distractions account for many accidents every year. Talking on the phone, texting, eating, and drinking can all take a driver's attention away from the road. Unfortunately, it can result in a deadly truck accident.
  • Road hazards: Ongoing road construction, signage, barricades, potholes, and debris in the roadway can all lead to serious truck accidents.

One way to help reduce the number of truck accidents is for all drivers to obey traffic laws. When everyone follows the law, it makes the road safer for everyone.

Unfortunately, many drivers do not obey the law, leading to serious truck accidents. If you or a loved one has been

How to Avoid a Truck Accident

Commercial truck drivers are under great pressure to meet deadlines and keep on schedule. However, drivers should never sacrifice safety to save time.

There are several things a driver can do to avoid an accident:

  • Obey traffic laws: Every licensed driver in Ohio is required to obey all traffic laws, including driving at a safe speed, following traffic signage, and obeying stop signs/lights.
  • Do not speed: Speeding is one of the leading causes of truck accidents.
  • Use caution when passing: Always use caution when passing a commercial truck. Trucks require more time and space to stop than smaller vehicles.
  • Avoid driver distractions: Put away the phone, turn off the music, and pay attention to the road.
  • Allow plenty of time to reach your destination: Rushing leads to careless driving, resulting in accidents.

If you are involved in a truck accident, it is important to seek legal assistance.

Our Cleveland truck accident attorneys have the knowledge and resources to help you get the compensation you deserve.

Your Cleveland truck accident attorney from our law office will work diligently to get you the monetary compensation you deserve. In addition, we can pursue a wide range of sources, including a claim against the negligent driver.

What Many Victims Might Not Know

Victims injured in large truck accidents may be entitled to compensation for their injuries. It includes reimbursement for medical expenses, lost wages, and pain and suffering.

It is important to speak with an experienced truck accident lawyer as soon as possible to ensure that you receive the proper compensation. They will help you file a claim and will work to ensure that you receive the maximum amount of compensation available.

Were you or someone you know injured in a truck wreck?

If so, please call the Cleveland, OH truck accident attorneys at Rosenfeld Injury Lawyers, LLC at (888) 424-5757 for a free consultation.

Our experienced truck accident lawyers will review your case and help you get the compensation you deserve.

Federal Trucking Regulations

Across the United States, the FMCSA regulates the trucking industry. These regulations ensure public safety and avoid trucking accidents with devastating injuries and death.

All truck drivers, trucking companies, and others working in the trucking industry must follow these regulations that include:

  • Hours of Service Regulations: The maximum number of hours a truck driver can work in a day is 14. They may drive a maximum of 11 hours after 10 consecutive hours off duty. There are also mandatory 30-minute breaks every 8 hours and the ability to trade that time with other drivers if necessary.
  • Driving Under the Influence (DUI) Regulations: Truck drivers cannot operate a commercial motor vehicle if they have an alcohol concentration of 0.04 percent or greater.
  • Drug and Alcohol Use Regulations: Truck drivers are not allowed to use drugs or alcohol while driving or report for duty.
  • Vehicle Maintenance Regulations: Trucking companies must properly maintain their vehicles and keep records of any maintenance or repairs.
  • Hazardous Material Regulations: Truckers transporting hazardous materials must comply with specific regulations, including training, placarding, and cargo inspection.

State Trucking Regulations

While the FMCSA sets federal standards for the trucking industry, individual states also have trucking regulations.

These regulations may be more stringent than the federal regulations or tailored to address specific state issues. For example, some states have limits on how long a truck driver can drive within a given period.

In Ohio, all truckers are required to have a CDL. To obtain a CDL, an individual must pass both a written test and a driving test.

There are also specific regulations governing the types of cargo carried in Ohio. For example, there are restrictions on transporting livestock and agricultural products.

Were you involved in a commercial truck wreck? If so, your injuries will generally be more severe than if you were involved in another type of car accident.

You should consult with a Cleveland truck accident lawyer to learn about your legal options.

What You Can Do to Avoid a Truck Accident

Avoiding a trucking collision is the first step to staying safe when sharing the Ohio streets, roads, and highways.

Many devastating truck collisions could be avoided by following simple steps that include:

  • Maintain a safe following distance: The sheer weight of a fully-loaded semi-truck moving cargo requires extra distance to come to a complete stop. Maintaining a safe distance ensures there is adequate space to avoid rear-end collisions.
  • Be aware of truck blind spots: Trucks have large blind spots on each side and in the back. Do not cut in front of a truck or drive in its blind spot.
  • Avoid distracted driving: Distracted driving can lead to crashes of all types. Avoid using your phone, eating, or talking to passengers when driving around trucks.
  • Don't pass a truck on the right: Truck drivers do not expect motorists sharing the road to pass on the right. Passing on the right could cause accidents when the trucker's setting up to turn to the right at an intersection, driveway, or entrance.
  • Distracted driving: Avoid driving distracted while talking on the phone, drinking beverages, eating, applying makeup, adjusting the radio knob, or any other activity that takes your attention away from the road.
  • Driving impaired: Operating any vehicle while under the influence of alcohol or drugs is illegal and highly unsafe for all motorists.
  • Always wear a seatbelt: Seatbelt laws apply to truck drivers and all automobile drivers and passengers, no matter how old or young.
  • Maintain your vehicle: Federal and state laws require commercial truckers to maintain their vehicle and equipment. Ensuring that the Steering system, engine, brakes, and tires are in proper working order to minimize the potential that something will go wrong while traveling.

Unfortunately, many trucking companies reduce costs by not following rules and regulations. Driving any defective truck in need of repair could result in devastating truck accidents.

Types of Trucking Accidents

Semi-trucks and other large trucks have a lot of power and can cause a lot of damage in an accident.

Several types of trucking accidents can occur, including:

  • Jackknife accident: This type of accident happens when the truck driver brakes suddenly and the trailer swings out, like a jackknife. The trailer can hit other cars or semi-trucks on the road, causing a lot of damage.
  • Runaway truck: Crashes occur when the truck driver loses control of the vehicle and starts to careen down the road. Runaway trucks can be very dangerous. If you see one, don't try to stop it. Instead, get out of the way and call 911.
  • Defective equipment accidents: Truck accidents can also occur because of defective equipment, like brakes or tires. If you're involved in an accident because of faulty equipment, the trucking company might be liable for your serious injuries.
  • Rear-end collisions: A car is stopped at a light or stop sign, and another car hits it from behind. Many of these accidents happen because the driver follows too closely.
  • Under-ride collisions: When a passenger vehicle rear-ends a tractor-trailer, the back seat where passengers are riding can be crushed because the truck doesn't have an under-ride guard to protect cars from getting wedged under the truck.
  • Parking accidents: If you were injured when your vehicle crashed into or was hit by a parked big rig, you might be entitled to compensation even if the driver claims he didn't know his vehicle wasn't parked properly. Truck drivers are required to inspect their rigs before they drive away.
  • Loading dock accidents: Many load dock workers are severely injured and killed when being crushed by commercial trucks backing up. These accidents can be prevented by following proper safety procedures.
  • Defective road design and highway hazard accidents: Truckers can become confused or fail to operate their vehicles safely on bad roads with narrow lanes or highway hazards, including potholes, guardrails, and ramps.

If you've been injured in a semi-truck accident, speaking with an experienced attorney is important.

They can help you determine who is at fault for the accident and whether you are entitled to compensation.

Defining and Proving Negligence in Truck Accidents

Receiving financial compensation is not automatic when filing a semi-truck accident claim. By law, the injured victims must prove that the truck driver was negligent in their actions.

Multiple parties are responsible for causing the accident in many cases, including the truck driver, trucking company, truck manufacturer, road maintenance crews, and other motorists.

Proving truck driver negligence might be difficult after suffering significant injuries and undergoing extensive medical care.

Because of that, many victims will hire a truck accident lawyer to pursue compensation.

The attorney can prove that the truck accident victims were harmed due to others' negligence as required under civil tort law.

These elements include:

  • The defendants owed the victim a duty of care to personal safety while sharing the road
  • The defendants failed to uphold this duty
  • That failure resulted in the victim suffering damages, including medical bills and lost income
  • These damages can be proven in court

To determine if the defendants were at fault for causing injury or death, an attorney can investigate the following:

  • The speeding limits in certain areas leading up to where the accident occurred
  • Whether or not the truck was properly maintained
  • The driver's logbook, which can show how long the driver had been on the road and how many hours of rest they had taken
  • If the truck was overloaded or carrying hazardous materials
  • The condition of the roadway and any potential hazards, such as potholes or construction zones
  • Witness testimony, police reports, and scene investigations can also contribute to establishing negligence on the part of the defendants

Obtaining Compensation

If negligence is proven in court, the truck accident victim may recover compensation that covers the following damages:

  • Medical costs
  • Mental health care costs
  • Future medical expenses for ongoing treatments
  • Lost income from being unable to work while recovering
  • Pain and suffering damages
  • Loss of consortium (companionship) damages
  • Funeral costs, in the event of a wrongful death

When pursuing a truck accident claim, having an experienced attorney on your side can make all the difference.

They will help gather evidence and build a case that proves the defendants were negligent and caused you harm. If successful, you can receive the compensation you need to move on with your life.

How Truck Insurance Companies Try to Reduce Costs

One way that truck insurance companies try to reduce costs is by denying or minimizing claims.

Insurers might argue that the driver was not properly trained, the vehicle was not maintained, or improperly secured the load.

Some truck accident cases may even claim that the accident was not caused by the truck but by another vehicle.

Deferring Blame on the Victim

Insurers will also argue that you, the trucking accident victim, were in some way responsible for causing your injuries.

For example, they might claim that:

  • You were not wearing a seatbelt when the accident occurred, even though the cab was intact
  • You fell off the at-fault vehicle and were injured standing up
  • You were in the truck bed and were not wearing a seatbelt
  • The accident occurred because you were driving too close to the truck or you changed lanes without proper warning
  • You were speeding

Insurance companies often use these strategies to reduce their payouts, but remember that you are not required to prove that the other driver was at fault. Instead, the insurance company is responsible for disproving your claim.

If you have been injured in a truck accident, it is important to speak with an experienced attorney as soon as possible.

Our Cleveland truck accident lawyers can help you understand your rights and work to deserve the compensation.

Statutes of Limitations on Truck Accident Claims

In Ohio, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident.

It means that you only have two years to file a claim against the insurance company or the driver of the truck. If you do not file within this time frame, you will likely lose your right to sue.

It is important to note that there are exceptions to this rule, so it is important to speak with an attorney as soon as possible if you have been injured in a truck crash.

If you have been injured in a truck accident, the attorneys at Rosenfeld Injury Lawyers can help.

We understand the complexities of these truck accident cases and can work to get you the compensation you deserve.

Contact a Cleveland truck accident attorney today for a free consultation or call us at (888) 424-5757.

What to Expect When Resolving Truck Accident Claims

If you are involved in a truck accident, you can expect the process of resolving your claim to be difficult.

Truck insurance companies are often unwilling to pay out high settlements, and they will do everything they can to reduce their costs.

This tactic means that you will likely have to deal with:

  • Delays in getting your medical costs paid
  • Arguing with the insurance company over what caused the accident
  • Arguing with the insurance company over the value of your insurance claim
  • Facing an uphill battle to get the compensation you deserve

If you have been injured in a truck crash, it is important to have an experienced attorney on your side. Our Cleveland truck accident lawyers can help you.

We Fight for Fair Settlements on Behalf of Truck Accidents Victims in Cleveland, Columbus, Cincinnati & Throughout Ohio

Truck Accident Settlements

Data reveals that about 95% of all truck accident cases are resolved through negotiated settlements. Unfortunately, it means that both sides reach an agreement without trial more often than not.

While it is impossible to predict the outcome of any case, there are a few things you can expect when negotiating a truck collision settlement:

  • The insurance company will try to reduce their costs by arguing that you were somehow responsible for the accident
  • The insurance company will argue that the truck was properly secured, and that the accident was not caused by the truck
  • The insurance company will likely make an offer well below what you are seeking

It is important to have an experienced attorney on your side when negotiating a truck accident settlement.

An experienced truck accident attorney at Rosenfeld Injury Lawyers can help you get the best possible outcome.

General Damages, Special Damages, Survival Damages, Wrongful Death Damages & Punitive Damages

In a truck accident case, you may be able to seek damages for:

  • General damages: These damages include compensation for your suffered injuries, pain, and emotional distress you endured
  • Special damages: This includes compensation for your medical bills, lost wages, and any other out-of-pocket expenses
  • Survival damages: This includes compensation for the pain and suffering you have endured since the accident, as well as any medical expenses or lost wages you have incurred
  • Wrongful death damages: This includes compensation for the pain and suffering of the deceased, as well as any medical expenses or lost wages of the deceased
  • Punitive damages: This is a type of damage that is awarded to the victim when the defendant's behavior is particularly egregious, and it is above and beyond what would be awarded in a typical accident case

Hiring a Cleveland Truck Accident Lawyer to Resolve Your Compensation Claim

Were you injured in an Ohio truck crash? If so, Rosenfeld Injury Lawyers can help. Our experienced Cleveland truck accident lawyers understand how to pursue compensation on your behalf.

Call us today for a free consultation or fill out our online contact form, and we will get back to you within 24 hours.

When you call our law firm, our truck accident lawyers can help you by:

  • Helping determine who was responsible for causing the injuries that left you facing medical expenses and lost earnings
  • Working with your doctors to resolve your medical bills as quickly as possible
  • Negotiating a fair settlement on your behalf so you can move forward with your life without worrying about financial stress
  • Fighting to recover compensation available under the law

No Fees Unless We Win Your Case (Contingency Fee Agreement)

Were you severely injured in a commercial truck accident, or did you lose a loved one through another's negligence? At Rosenfeld Injury Lawyers, LLC, our truck accident lawyers are legal advocates for injured victims seeking compensation for damages.

Call us at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Our legal team offers all clients a 'No Win - No Fee guarantee, meaning that you won't be asked to pay any upfront fees for our legal services.

We only get paid if your experienced Cleveland, OH truck accident attorney wins your case, which means that you don't have to worry about covering the cost of our legal fees.

Cleveland Truck Accident Lawyer Resources:

Client Reviews
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Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
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Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
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This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa