Learn What it Takes to Prove Your Legal Rights from an Experienced Columbus Truck Accident Lawyer

If you need to file a lawsuit after a commercial truck accident in Ohio, proving liability will be a critical step for asserting your legal rights. Even if your legal rights are clear, without proof, you won’t be able to recover the financial compensation you and your loved ones deserve. While proving liability can be complicated, an experienced Columbus truck accident lawyer can help, and you can hire a lawyer to handle your case at no out-of-pocket cost.

Proving liability in a commercial truck accident is a multi-step process. First, you need to gather as much evidence as possible—and you need to do so quickly before any critical evidence disappears. Then, you need to use this evidence to determine what company (or companies) are liable for the crash. With evidence in hand and a clear understanding of what company (or companies) are liable, you then need to be able to use the evidence to show that you and your loved ones are entitled to just compensation under Ohio law.

3 Steps to Gather Evidence of Liability After a Commercial Truck Accident

We’ll start at the beginning. If you have a claim for a commercial truck accident in Ohio, you need evidence in order to prove liability. When you hire a Columbus truck accident lawyer at Malek & Malek Law Firm to represent you, your lawyer will take the following steps to gather the evidence that is required:

1. Conduct an On-Scene Investigation As Soon As Possible

The first step toward proving liability in a commercial truck accident is to conduct an on-scene investigation as soon as possible. Ideally, this investigation should take place within days, if not hours, of the collision. With that said, if you are coping with substantial losses resulting from a commercial truck accident and you didn’t hire a lawyer promptly, you should still talk to a lawyer about what can be done to recover your accident-related losses.

When conducting on-scene investigations, we look for several types of evidence of liability. Of course, the types of evidence that are available at the scene in any particular case depend on the unique facts and circumstances involved. With this in mind, some examples of evidence that we may be able to collect in order to prove your legal rights include:

• Damage to the road, guardrails, trees or other items
• Debris from the collision
• Road conditions
• Tire marks
• Traffic signs and signals
• Traffic patterns
• Weather-related hazards

As a truck accident victim (or as a family member of a truck accident victim), you should not return to the scene and try to collect evidence on your own. Not only can this be dangerous, but there are also procedures that need to be followed to ensure that the evidence remains admissible in court. However, if you have any evidence from the crash site in your possession already—including cell phone photos or videos—you should be sure to share this evidence with your Columbus truck accident lawyer during your free initial consultation.

2. Investigate Other Potential Sources of Evidence

While collecting evidence at the accident site can be important for proving liability in a commercial truck accident, this evidence often won’t be enough on its own. In many cases, evidence will be available from other sources as well—and this evidence could paint an even clearer picture of what happened and who (or what company) was responsible. Some examples of other potential sources of evidence include:

• The police report from the accident
• Testimony from eyewitnesses
• Social media posts from eyewitnesses and others
• News media reports and footage from the accident scene
• Traffic camera or security camera footage of the accident
• An inspection of your (or your loved one’s) damaged vehicle
• A simulation of the accident prepared by an accident reconstructionist

Again, these are just examples. When seeking just compensation for a commercial truck accident, it is important to remember that your case truly is unique. No two truck accidents are exactly alike—and this means that no two cases involve exactly the same evidence. Once you hire an experienced Columbus truck accident lawyer to represent you, you can rely on your lawyer to gather the evidence you need to prove liability in your case.

3. File a Lawsuit to Initiate the Discovery Process

While you need a certain amount of evidence to determine whether you should file a lawsuit, there are also certain types of evidence that it is only possible to obtain once a lawsuit has been filed. Once your Columbus truck accident lawyer files a lawsuit on your behalf, your lawyer will be able to obtain additional evidence through the discovery process.

During discovery, parties are required to disclose relevant documents and information upon request (while trucking companies, insurance companies and other defendants will often fight these requests, their legal obligations are clear). Thus, taking discovery is often a key stage in a commercial truck accident case. Through discovery, it may be possible to obtain evidence of liability including:

• The trucking company’s maintenance and employment records
• Internal communications between the truck driver and dispatch
• The truck driver’s log of hours spent behind the wheel
• The truck driver’s cell phone records
• The truck’s shipping manifest
• Engineering and manufacturing records from the truck manufacturer
• Any traffic or security camera footage it wasn’t possible to obtain previously

These, too, are just examples. Commercial truck accidents can be extremely complex, and proving liability is typically a time-intensive process that requires a comprehensive understanding of the discovery process and Ohio law. This is yet another reason why it is best to consult with an experienced Columbus truck accident lawyer as soon as possible if you are thinking about filing a claim.

3 Potential Grounds for Liability in a Commercial Truck Accident

Once we have collected as much evidence as possible, we can then use this evidence to determine why your (or your loved one’s) truck accident happened and who (or what company) is responsible. Generally, there are three potential grounds for liability in a commercial truck accident:

1. Negligence

Negligence can take many forms, and it is the most common reason for liability in commercial truck accidents. If you have a claim based on negligence, you can seek just compensation for all of your (or your family’s) losses—including medical expenses and other out-of-pocket costs, lost earnings, and pain and suffering, among others. Some of the most common forms of negligence leading to serious and fatal truck accidents include:

• Speeding, tailgating, and other forms of aggressive and reckless driving
• Driving under the influence
• Driving while fatigued
• Running red lights and stop signs
• Failing to properly secure the truck’s cargo
• Exceeding the truck’s cargo capacity
• Performing negligent maintenance or repairs (or failing to perform necessary maintenance or repairs)

All of the forms of evidence listed above can be used to prove negligence; and, in many cases, multiple forms of evidence pieced together will clearly demonstrate that the truck driver or trucking company is responsible for causing the collision. If you have a claim based on negligence and the evidence is available to prove it, our lawyers can use the evidence to fight for the compensation you and your family deserve.

2. Vicarious Liability

While trucking companies can be held directly liable for their own negligence (i.e., failing to properly perform necessary maintenance or repairs), they can also be held vicariously liable for their employees’ negligence. For example, if the truck driver was speeding at the time of your (or your loved one’s) accident, your claim would be against the trucking company rather than the truck driver. This is important for a couple of reasons, including the fact that trucking companies usually have substantial insurance policies that cover their drivers’ accidents. Many serious and fatal commercial truck accident cases involve claims based on vicarious liability.

3. Strict Liability

Commercial truck accident cases can also involve claims based on strict liability. As a general rule, vehicle manufacturers can be held strictly liable when they sell defective vehicles or vehicle components. When strict liability applies, proof of negligence is not required. Commercial truck defects are far more common than they should be; and, if your (or your loved one’s) accident was the result of a defect, proving the defect alone could be enough to establish your claim for just compensation.

Putting It All Together: Seeking Just Compensation for a Commercial Truck Accident in Ohio

Now that we’ve discussed the evidence that can be used to prove liability and the types of claims you may be able to file after a serious or fatal accident in Ohio, let’s put it all together: How do you seek just compensation for a commercial truck accident?

Here are the main steps that you (and your Columbus truck accident lawyer) will need to take to assert your legal rights:

• Conducting a Comprehensive Investigation – Once again, one of the first and most important steps is to conduct a comprehensive investigation as soon as possible. This will involve gathering evidence from the scene of the accident and other sources. The more evidence your Columbus truck accident lawyer can collect, the easier it will be to prove liability.
• Evaluating All Potential Grounds for Liability – After gathering as much evidence as possible, your Columbus truck accident lawyer will evaluate all potential grounds for liability. This includes evaluating potential claims based on negligence, vicarious liability and strict liability. Based on this evaluation, your lawyer will be able to determine what claim (or claims) to file on your behalf.
• Filing Your Commercial Truck Accident Lawsuit – The next step is to file your commercial truck accident lawsuit. Your Columbus truck accident lawyer will prepare and file your lawsuit on your behalf. Before doing so, however, your lawyer will sit down with you to discuss in detail what you can expect from the remainder of the process and ensure that you are prepared to do what is necessary to assert your legal rights effectively.
• Conducting Discovery – After filing your lawsuit, your lawyer will be able to conduct discovery as discussed above. This will involve requesting documents, preparing written questions (called interrogatories), and taking testimony during depositions. Discovery often produces multiple forms of evidence that can be used to prove liability; and, in many cases, effective use of discovery will lead to favorable settlement negotiations.
• Building Your Case (and Evaluating Other Possible Claims) – Following discovery, your lawyer will be able to further build your case for just compensation. Depending on what your lawyer uncovers, the discovery process may expose additional claims you can pursue as well. For example, if the trucking company reveals evidence of a recall, this could lead to a strict liability claim against the truck’s manufacturer.
• Calculating the Damages You Are Entitled to Recover – Another key aspect of your case is determining how much you are entitled to recover. Once it is clear that you have a claim (or claims) for liability, your lawyer will work with you and your doctors to calculate just compensation for your financial and non-financial losses.
• Fighting to Recover the Financial Compensation You and Your Loved Ones Deserve – Finally, with proof of liability (and proof of your losses) in hand, your lawyer will fight to recover the financial compensation you and your loved ones deserve. Your lawyer will work to obtain a favorable out-of-court settlement if possible; and, if necessary, your lawyer will present the available evidence in court. If a settlement is on the table, it will be up to you to decide whether to accept, and your lawyer will help you make an informed decision with your long-term best interests in mind.

Discuss Your Case with an Experienced Columbus Truck Accident Lawyer for Free

If you need to know more about proving liability for a commercial truck accident in Ohio, we encourage you to contact us promptly. To discuss your case with an experienced Columbus truck accident lawyer for free, call 888-444-7440 or request an appointment online today.