Collisions involving semi-trucks are some of the most damaging, unfortunately resulting in serious injuries and fatalities. Built to transport cargo, hauling trucks can cause devastation due to their sheer size and weight. Also known as tractor-trailers, big rigs, semis, and 18-wheelers, they greatly outweigh other vehicles on the roads.
If you were injured in a collision with a commercial truck, a Springfield truck accident lawyer can help. At The Stuckey Firm, LLC, you get the experience you need and the results you deserve. Contact us today to schedule a free case review with one of our Springfield personal injury lawyers.
Steps a Springfield Truck Accident Attorney Will Take to Help You Get the Money You Need
An experienced truck accident lawyer in Springfield, OH, will take various steps to help you get the compensation you deserve after a collision. When you work with our personal injury law firm, one of the first things we will do is investigate your accident.
Steps in this investigation will include:
- Take immediate steps to preserve the necessary evidence that oftentimes gets lost or destroyed following a trucking crash
- Visiting the accident scene, taking photos, recording observations, and collecting any available evidence, including photographs and video footage
- Obtaining a copy of the official police accident report
- Interviewing witnesses
- Assessing the evidence as it evolves with specialized experts in the trucking industry and crash reconstruction
At this same time, we will also be filing the necessary paperwork to initiate the claims process with the at-fault party(ies) and their insurance company(ies). By retaining an experienced lawyer immediately, you are protected from unknowingly signing paperwork or providing evidence that insurance companies may be able to use against you down the road.
While we are taking care of the claim and insurance process, your focus can be on your medical care, recovery, and family needs. At the appropriate time, which is different in every case, we will discuss resolution options which include settlement, mediation, or potentially filing a lawsuit.
At every step along the way, we will fight for the care you need and the compensation you deserve.
Damages Available Following a Commercial Truck Accident in Ohio
Following an accident with a commercial truck, there are multiple types of damage you will likely be eligible to recover. When determining what damages apply, you need to understand that every case is unique, and the damages you can recover will depend on the specific details of your case. To recover the maximum compensation available, you must identify all the damages that apply.
An experienced lawyer can help you determine which damages you can collect and help you build a case for compensation. All compensatory damages available in your case can be divided into the subcategories of economic and non-economic damages.
Economic Damages
All your financial losses resulting from your accident are called economic damages. Economic damages cover the money you were forced to spend and any income you were unable to earn as a result of your injury.
Common economic damages you will likely be eligible to pursue include:
- Property damage
- Lost income
- Decreased earning ability
- Medical bills
- Future medical costs
Non-Economic Damages
All other losses you incur as a result of your accident belong in the category of non-economic damages. Non-economic damages tend to affect the quality of life of an accident victim. Because of the profound nature of these damages, the compensation awarded is often significant.
Typical non-economic damages you could be eligible to pursue include:
- Pain and suffering
- Loss of consortium
- Mental anguish
- Permanent disability
- Emotional distress
- Scarring and disfigurement
- Loss of companionship
Punitive Damages
Punitive damages are only available in a small percentage of cases. They differ significantly from compensatory damages in that rather than compensating an accident victim for their losses; they punish the liable party for their actions.
To be eligible to pursue punitive damages, the at-fault party must have acted with the intention of causing harm or been grossly negligent in their actions or inaction. Although these damages are not always available in every case, the team at The Stuckey Firm, LLC is highly qualified to identify scenarios that may lead to punitive damage awards in trucking cases.
Our Truck Accident Lawyers Work on a Contingency Fee Basis
One of the main concerns that prevents people from hiring an experienced lawyer to help with their personal injury claim is that they will not be able to afford their legal services. While it’s true that lawyers in many fields charge an expensive fee to retain their services along with a high hourly rate, that’s not how things are typically done with personal injury attorneys.
At The Stuckey Firm, LLC, our truck accident lawyers work on a contingency fee basis. What this means is that we do not get paid for the services we provide unless we recover compensation for our clients. When we win your case, we collect a single fee, which is paid directly out of the money you recover.
That means you will never have to pay a single cent out of pocket. By charging our clients in this manner, we are able to provide legal representation to all truck accident victims, regardless of their financial situation.
Three Ways Trucking Accidents Are Unique
Truck accidents differ significantly from passenger car accidents. Some of the most significant differences include:
- Trucking companies may have large legal teams and investigators involved immediately following a collision. Our accomplished lawyers and legal team help you level the playing field to protect your best interests following a crash.
- The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry and imposes strict state and federal regulations on semi-trucks. If these rules are neglected, specifics need to be presented at trial. This requires early preservation of evidence and investigation.
- The injuries and damages following a trucking crash can be more complex, requiring specific experts and demonstrative evidence to meet the legal burdens of these complex claims. The Stuckey Firm, LLC will identify these complexities as they arise to procure the required evidence for a successful recovery.
Don’t Trust the Insurance Company After an Accident
After suffering damages in an accident, you need to proceed with caution when dealing with an insurance company. While insurance representatives often try to portray themselves as helpful neighbors, simply looking to lend a helping hand, the truth is that these companies are focused on profits, and the best way to protect their profit margins is by denying or devaluing valid claims.
Insurance adjusters have a wide variety of tricks they will use to keep you from recovering the full compensation to which you are entitled. Unfortunately, they have a distinct advantage when it comes to experience handling these types of cases. That’s why the best thing you can do is to decline to speak with the insurer until you hire a lawyer.
Once you have legal representation, the insurance company will no longer be able to contact you directly. Forcing them to work through your attorney will eliminate their ability to use their usual tricks. By leveling the playing field, your attorney will be in a good position to secure the financial compensation you deserve.
Taking a Settlement Deal vs. Going to Court
One of the biggest questions when pursuing compensation after a truck accident is whether to take a settlement deal or try your luck in the courtroom. In general, pursuing a settlement deal tends to be the better option, which is why the majority of these cases never make it to trial. However, if the liable party is unwilling to negotiate, a trial may prove necessary.
While taking a case to court means there is potential for securing greater compensation, the additional time it takes to recover compensation and the risk of putting your fate in the hands of an unpredictable jury can outweigh the pros of a larger payout. However, the fact that a settlement is likely does not mean you should take the first settlement offer you receive.
It is critical to have your lawyer review any settlement offer before accepting a deal. The first offer you receive will likely be a fraction of your claim’s value, and attempting to negotiate a fair settlement on your own can prove challenging.
An experienced attorney can help ensure you get a settlement deal that works for you or take your case to trial.
Filing a Wrongful Death Claim After a Truck Accident
If a truck accident results in the death of a loved one, a Springfield wrongful death lawyer can help you file a lawsuit to recover damages. The available damages in a wrongful death claim can vary from those that can be recovered in a standard personal injury case.
These damages are meant to help the loved ones of the deceased cope with the loss of their loved one and cover any financial burdens they may face. In addition to funeral and burial expenses, you may be able to secure compensation to account for the money your loved one would have earned throughout their life.
While money might not be the first thing on your mind when dealing with the grief of your loved one’s passing, securing compensation can be critical for rebuilding your life and protecting your future. Recovering damages can be especially important if your loved one is the primary earner for your household.
Causes of Large Truck Crashes
Incomplete training, poor road conditions, faulty equipment, and driver negligence due to speeding, exceeding weight limits, distracted driving, and substance abuse are all common causes of truck wrecks. Many truck driver regulations must be followed, including hour limits. Truck drivers are held to stricter standards, and many do not obey the imposed state and federal regulations.
We aim to uncover all potentially negligent parties, whether it be the truck driver, truck owner, dispatcher, or truck manufacturer. We will then seek the maximum compensation possible to cover your current and future medical expenses and lost wages due to time away from work or disability. We’ll take the stress away while you heal.
Advocacy When You Need It Most
Over three decades of combined legal experience has prepared us to vigorously represent the injured and their families in serious truck accidents. We possess a deep understanding of state and federal trucking guidelines and will thoroughly evaluate your accident. Accident reconstruction helps us understand where the fault lies and what caused it.
Our priority is ensuring the evidence is preserved to build a strong case. You’ll need formidable, respected counsel who can present strong legal arguments against the insurance company in settlement conferences, in arbitration, or at trial. Let us serve your ongoing needs and take the stress away.
Understanding Client Concerns About Legal Representation
At The Stuckey Firm, LLC, we understand some people may feel uneasy about reaching out to a lawyer. Maybe they are worrying they are doing something wrong or fearing the stigma associated with litigation. It should be noted, however, that the insurance industry has spent millions in tort reform efforts to try to discourage people from feeling like they should protect their rights for one simple reason: it saves them money.
We aim to bridge the gap by offering the respected expertise and necessary resources of a large city law firm to the unique needs of our clients’ cases. Our clients benefit from our extensive network and access to top-tier legal tools and support, ensuring they receive the best possible representation and path toward resolution.
We are dedicated to providing compassionate and expert legal assistance, helping our clients feel confident, supported, and listened to throughout the legal process.
Answers to the Most Commonly Asked Truck Accident Questions
After an accident with a truck, you, your family member, or a loved one will likely have questions. We are here to help. Here are the questions we get asked most often.
How Soon do I Need to File a Truck Accident Lawsuit?
For most types of claims, the statute of limitations for truck accidents in Ohio and West Virginia is two years from the date of the accident. However, there are many significant advantages to obtaining legal representation as soon as possible.
The most crucial piece of evidence may be the “black box” (data recorder device). This box has information about the truck’s status, including the speed at which the truck was traveling when the accident happened.
Because these boxes are not required by law, the truck owner or the truck company is not required to keep them or share them with an accident victim. They will have to share the black box data if they are legally compelled to do so in a potential lawsuit. By waiting to file, the opportunity for the black box data to be lost or destroyed increases.
Who Can You Bring Your Truck Accident Claim Against?
The answer to this question depends on the details of the accident in which you were involved. There could be one negligent party, such as the trucking company, or there could be more than one party that contributed to your accident and injury.
Potentially liable parties include the truck driver, the owner/operator of the trucking company, or even the manufacturer of a faulty part.
For example, suppose a semi’s brakes malfunction because of a design flaw, causing a serious accident and severe injuries. In that case, the manufacturer of the faulty part may be the liable and negligent party.
This is why it’s important to work with an experienced truck accident attorney. They can help you understand what happened, the cause, and who can be held responsible.
Will My Truck Crash Case Go to Court?
Very few of these cases ever go to trial, but oftentimes, filing a lawsuit in Court is necessary to get the attention of the wrongdoers and protect the viability of the legal claims. The trucking company or the insurer’s attorneys may stall as long as possible, only to offer a reasonable settlement in the days or hours before an actual trial date.
However, it is always important to be prepared for a trial, as there are no guarantees that you will be able to reach a settlement deal. That is why, at The Stuckey Firm, LLC we work each file up as if it is going to trial to make sure we are ready, willing, and able should the time come.
Do I Need an Attorney Who Handles Truck Accident Claims?
You are never required to have legal counsel, but it is strongly advised. The truck company and its insurer have savvy attorneys working for them immediately after the crash so that they pay out nothing or as little as possible.
This keeps their profit margin at its highest. With their extensive experience handling these types of cases, you must secure the services of a truck accident lawyer with a history of respect and winning in the legal community.
When you partner with an attorney who understands the regulations and laws that apply to trucking companies, they will know what your injury and your case are truly worth. Because of this, the payout to you is going to be much higher in most cases than if you did not have an attorney.
Speak to a Truck Accident Attorney in Springfield, OH, About Your Injuries at No Cost
Discussing your 18-wheeler accident with an experienced personal injury attorney is important for obtaining the best results. At The Stuckey Firm, LLC, we protect clients’ rights in Springfield, Columbus, and throughout Ohio and West Virginia. We will use every tool at our disposal to help ensure you recover the maximum compensation available.
Contact us today by phone or by completing our online contact form and schedule your free case review with a member of our legal team. We will review your case, answer any questions you may have, and advise you of your legal options. Our experienced personal injury law firm will hold the negligent party accountable so you can put your life back together.