How Do You File a Claim for a Truck Accident in Ohio?
Being involved in a truck accident can disrupt all aspects of your life. If you were seriously injured in the accident, you could also be facing long-term, if not permanent, consequences. As a result, it is important to make sure you seek the financial compensation you deserve—and this means filing a claim. Learn what you need to know about filing a claim from an experienced Columbus truck accident lawyer at Malek & Malek Law Firm:
Filing a Claim After a Truck Accident in Ohio
Filing a claim after a truck accident is different from filing a claim after an accident involving another car, pickup truck or SUV. While there are some similarities, there are several key differences—and, overall, the process is much more complicated.
With this in mind, while you will want to get started on your claim promptly, you also need to make sure you are doing the right things to protect your legal rights. If you overlook important steps or make mistakes, you could easily end up without the compensation you deserve (and, in any case, there are no guarantees). Hiring an experienced Columbus truck accident lawyer is a key step in the process, and, as discussed below, you can hire a lawyer to handle your claim at no out-of-pocket cost.
Dealing with Your Auto Insurance Company After a Truck Accident
In most cases, filing a claim after an accident involving another car, pickup truck or SUV involves dealing with the insurance companies. You will need to report the accident to your insurance company; and, if the other driver was at fault, seeking just compensation will most likely involve convincing the other driver’s insurance company that it is liable to pay.
But, filing a claim for a truck accident in Ohio is different.
After a truck accident, you will still need to report the accident to your insurance company, and if you have applicable coverage (i.e., personal injury protection (PIP) coverage), you can seek coverage under your policy. But if the truck driver was at fault, fully recovering your losses will most likely involve filing a claim against the trucking company.
Filing a Claim Against the Trucking Company
Trucking companies can be held liable for truck accidents under a wide range of scenarios. As a general rule, employers in Ohio are liable for their employees’ negligence on the job. This means that if the truck driver caused your accident (i.e., if he or she was speeding, tailgating or distracted behind the wheel), the trucking company may be fully liable under Ohio law.
Trucking companies can also be held liable for issues with their trucks. For example, if your truck accident was the result of a tire blowout or brake failure, this may also provide grounds to file a claim against the trucking company. It will be critical to find out exactly why the accident happened—and this means that you will want to hire a Columbus truck accident lawyer to conduct a thorough investigation as soon as possible.
If you have a claim against the trucking company—and if the evidence proves it—then the next step will be to file your claim. This is also a step that requires experienced legal representation. An experienced Columbus truck accident lawyer will be familiar with the steps involved in asserting victims’ legal rights and will be able to take all of the necessary steps on your behalf.
Generally speaking, trucking companies have liability insurance to cover themselves in this scenario. As a result, once you file a claim with the trucking company, it will most likely turn your claim over to its insurer. To seek an insurance payout, not only will you need to be able to prove that the trucking company is responsible for your truck accident, but you will also need to be able to prove how much you are entitled to recover.
Is Another Company Responsible for Your Truck Accident?
While trucking companies are often responsible for truck accidents in Ohio, this is not the only possibility. Various other companies could potentially be responsible for your truck accident as well. For example, depending on exactly why your accident happened, you could also have one or more claims against:
- The truck’s manufacturer
- A manufacturer of one of the truck’s components (i.e., a hydraulic line or tire)
- A repair shop that worked on the truck
- The shipping company that loaded the truck’s cargo
- The insurance company of another driver involved in the accident
Again, even these are just examples. Once your Columbus truck accident lawyer investigates the accident, your lawyer will be able to identify any and all claims you are entitled to file. Then, after determining your legal rights, your lawyer will be able to file all appropriate claims (and deal with the appropriate parties’ insurance companies) while you focus on your physical and emotional recovery.
5 Critical Steps to Take After a Truck Accident
With these considerations in mind, if you are dealing with the aftermath of a truck accident, it is essential to ensure that you are taking all necessary steps to protect yourself. At this stage, it is up to you to take action (and to avoid mistakes that could jeopardize your financial recovery).
To help maximize your chances of recovering just compensation, you should:
- Prioritize Your Medical Care – Getting the medical care you need should be your top priority. If you ignore your symptoms or your doctor’s advice, this will make it more difficult to seek just compensation.
- Keep as Much Documentation as Possible – From any photos or videos you took at the scene of the accident to your medical records and bills, you should keep as much documentation as possible. The more documentation you have, the better.
- Avoid Giving a Recorded Statement to Your Insurance Company – While you should report the truck accident to your insurance company, you should avoid giving a recorded statement. Once you hire a lawyer, your lawyer will be able to tell the insurance companies what they need to know.
- Avoid Posting on Social Media – You should also avoid posting on social media at this time, about the accident or otherwise. You do not want to inadvertently post something that the insurance companies might be able to use against you.
- Hire a Lawyer to Advise You and Investigate the Accident – After getting the medical care you need, your next priority should be to hire a lawyer. As discussed below, there are many important ways an experienced Columbus truck accident lawyer will be able to help you in this scenario.
While these are not the only steps you need to take after a truck accident (far from it), they are among the most important in the early stages. Once you hire a lawyer to represent you, your lawyer will be able to walk you through everything else you need to know.
Should You Hire a Lawyer to Help with Your Truck Accident Claim?
If you have been seriously injured in a truck accident, it will be strongly in your best interests to hire a lawyer to help with your truck accident claim. The process of protecting your legal rights is extremely complicated, and, practically speaking, it requires experienced legal representation.
From investigating the accident and filing your claim (or claims) to negotiating for a fair settlement on your behalf, your lawyer will be able to do everything necessary to seek the financial compensation you deserve without going to court. With that said, an experienced lawyer will also be prepared to fight for your legal rights in court if necessary.
How Much Does Hiring a Lawyer Cost?
Hiring a lawyer to handle your truck accident case costs nothing out of pocket. Lawyers generally handle these types of cases on a contingency-fee basis. This means that your legal fees (if any) will be calculated as a percentage of your financial recovery. Additionally, if you need to take your case to court, your lawyer will cover the filing fees and other costs involved, and you will only have to repay these costs if your case is successful.
Contingency-fee representation means that there are no financial risks involved in hiring a Columbus truck accident lawyer to represent you. You only pay if you win. Additionally, due to the complexity of proving your long-term medical costs, lost earnings and non-financial losses (i.e., pain and suffering), hiring a lawyer will be essential for seeking the full compensation you deserve.
Discuss Your Claim with a Columbus Truck Accident Lawyer for Free
Do you need to know more about how to file a claim for a truck accident in Ohio? If so, we can explain everything you need to know—and we encourage you to contact us promptly so that we can help protect your legal rights. To schedule a free, no-obligation consultation with an experienced Columbus truck accident lawyer at Malek & Malek Law Firm, call us at 888-444-7440 or tell us how we can get in touch online today.