truck driving

Fatal Truck Accident

Truck accidents change lives. Motorists are twice as likely to be killed in an accident with a semi truck or other large commercial carrier, than in any other type of collision, according to the National Highway Traffic Safety Administration.

At the Warren Law Firm, we have witnessed the increasing risks throughout Ross, Pike and Jackson counties, as the area continues to grow. This has been especially true since the supply chain issues and labor shortages of the coronavirus pandemic have accelerated the switch to an Internet economy that relies on a growing number of warehouses and independent delivery services.

A total of 4,119 people died in large truck crashes in 2019. Dozens are killed each year in semi truck accidents in the Buckeye State. Sixteen percent of these deaths were truck occupants, while more than two-thirds were occupants of cars and other passenger vehicles. Fifteen percent were pedestrians, bicyclists or motorcyclists, which represent a growing number of victims hit by delivery trucks in residential neighborhoods.

The number of people who died in large truck crashes was 31 percent higher in 2019 than in 2009.

Wrongful Death Trucking Accidents

An Ohio wrongful death claim is brought by a family member for damages resulting from the death of a loved one. The key is that the loved one died as a result of someone else’s wrongful action, neglect, or default.

Ohio Revised Statutes section 2125  open link in new window presumes the following individuals have suffered a direct loss as a result of their loved ones wrongful death and standing to bring suit:

  • Spouse of the deceased person;
  • Children, including adopted children; and
  • Surviving parents.

In some cases, a wrongful death case may be brought by a different party, however the law does not presume such parties have suffered loss, and so that element will have to be proven.

  • Wrongful death damages may include;
  • Loss of support
  • Loss of services
  • Loss of companionship
  • Loss of any future inheritance
  • Other damages

Causation, Liability, and Damages in Trucking Accidents

When it comes to building a comprehensive damage claim, an experienced Chillicothe trucking accident attorney will focus on causation, liability and damages:

Causation: These are complex cases involving both state and federal rules of law. Violation of rules enforced by the Federal Motor Carrier Safety Administration may include Hours-of-Service regulations, maintenance and training rules, or reporting requirements. In many cases, more than one factor is involved in a collision, and competing factors must be properly weighed and weighted, including those involving contributory negligence.

Liability: The trucking industry is notorious for efforts to evade liability, including the use of rented and leased trucks and trailers, independent contractors, limited liability and shell corporations, and other complex tactics designed to maximize profits and minimize liabilities. Your chosen wrongful death law firm must have extensive experience and the resources necessary to pursue damage claims against some of the nation’s largest corporations and their commercial insurance carriers and attorneys.

Damages: Wrongful death claims can be particularly complex when it comes to proving damages. Without careful consideration and the use of outside experts and consultants, a family can be left short when it comes to measuring the true cost of the loss of a loved one.

If you are involved in a collision with a commercial vehicle, contact the Warren Law Firm.