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Commercial Trucking Liability

E-commerce and the booming Internet economy continue to increase the risks of traffic collisions involving semi trucks and regional commercial carriers.

By some estimates, commercial driver error causes more than 10,000 collisions in Ohio each year, seriously injuring or killing more than 2,000 motorists. Chillicothe is a hub of economic activity in Southern Ohio and has been since it was the first capital of the state more than 200 years ago. Today, malls, hospitals, prisons and college campuses combine with Ross County’s rich history of mills, mines and manufacturing along Route 50 and on Highway 35, as well as the many other highways and byways that crisscross Ross, Pike and Jackson Counties.

The Chillicothe truck accident lawyers at Warren Law Firm continue to fight for the rights of those seriously injured or killed in collisions with commercial vehicles. In 2020, we succeeded in winning a $2.1 million settlement after a collision involving a dump truck at a road construction site on Route 35.

Holding Trucking Companies Accountable for Damages

The trucking industry has long relied upon a host of tactics aimed at maximizing profits and minimizing liabilities. Motor carriers often operate as limited liability companies, use leased or rented trucks and trailers, and hire drivers as independent contractors.

A personal injury or wrongful death claim must be handled by a law firm with the experience and resources to prove these companies liable, and then hold them accountable for resulting damages. The stakes have never been higher. Truckers are responsible for transporting 70 percent of all goods in the U.S. In 2019, the industry’s total revenue reached $791.7 billion.

Nearly 1 million for-hire carriers are operating in the United States, where they moved nearly 12 billion tons of goods, according to the American Trucking Institution. The industry employs 8 million people, including more than 3.2 million truckers. Nearly half are minorities and the average age is 46. Immigration policies and an aging workforce continue to threaten the industry with severe labor shortages.

First 9 months of 2021 (latest data available) from the Federal Motor Carrier Safety Association part of the US Department of Transportation:

Ohio Large tuck and bus incidents (first 9 months 2021) source-FMCSA
Crashes 3,958
Fatalities 119
Injuries 1,919

Motor Vehicle Fatalities in the first 9 months of 2021 in Ohio source- National Highway Traffic Safety Administration
2020 2021 % Change
903 1,039 +15.1%

Liable Parties in Trucking Accident Cases

Here are some of those most often identified as liable by our Chillicothe trucking injury attorneys:

Truckers: Violation of rules and laws are a top cause. Drivers are paid by the mile. Speeding, violating Hours-of-Service regulations, and failure to secure loads or perform routine maintenance are among the most common causes. Prescription and illegal drug use are also commonplace.

Maintenance Companies: The nation’s commercial fleet is largely manufactured and serviced by just a few large multinational corporations. When accidents result from poor design, manufacture or maintenance, such companies can and should be held responsible.

Freight Carriers: The growing industry and fierce demand for freight services mean too many unsafe carriers are allowed to continue to operate, or simply close and reopen as a new entity. Incentive bonuses and other industry tactics also result in unsafe trucks forgoing maintenance and service in favor of staying on the road.

Equipment Owners: In many cases, trucks and trailers are rented from other corporations. Maintenance and safety issues abound under such arrangements.

Freight Owners/Warehouses: In some cases, the owner of the freight, or the warehouse or distribution center, may share blame for an injury, particularly in cases where unsafe loads are involved, or where the policies and procedures of such companies cause or contribute to serious or fatal “accidents.”

Third-party liability: Other drivers involved in a collision, or even municipalities or private property owners, may be found partially to blame when the facts or circumstances of an incident prove such parties were wholly or partially to blame.

Only by identifying all responsible parties, can your chosen law firm build a comprehensive claim for damages.

If you are involved in a collision with a commercial vehicle, contact the Warren Law Firm . Featured image by @tekton_tools.