As a logistics hub, Cleveland sees a constant stream of commercial vehicle traffic flowing through its streets and highways. This vital economic activity, while beneficial to Northeast Ohiol, brings an increased risk of truck accidents, and the sheer size and weight of these vehicles mean that collisions often result in severe injuries and extensive property damage. For those involved, the aftermath can be overwhelming, filled with high medical bills, loss of income, and constant pain.
At Plevin & Gallucci, we understand the profound impact truck accidents can have on your life, and our dedicated team of Cleveland truck accident lawyers is here to provide the legal guidance and representation you need. We have a proven track record in handling truck accident cases, so let us be your trusted partner in this challenging time. To schedule a free, no-obligation consultation about your legal options, call 1-855-4-PLEVIN.
Why Hire Us for Your Truck Accident Claim?
When you’ve been seriously injured in a truck collision, your damages are going to be significant. However, insurance companies rarely offer a fair settlement without intense negotiation and even litigation, and they usually have high-priced legal teams protecting their interests. At Plevin & Gallucci, our truck accident attorneys have the experience and resources needed to demand maximum compensation for your claim, and won’t settle for anything less.
When you hire our law firm for your personal injury claim, you benefit from the following:
- Proven Results: Our firm has a strong track record of securing substantial truck accident settlements and verdicts.
- Extensive Experience: Our lawyers have years of experience handling truck accident cases in Cleveland and understand the specific challenges these cases present. This knowledge allows us to present a strong case for fair compensation.
- Thorough Investigation: We conduct detailed investigations to gather all necessary evidence, including motor vehicle accident reports, witness statements, and expert analyses. This approach ensures that every aspect of your case is thoroughly examined and supported by solid evidence.
- Negotiation Skills: Our attorneys are skilled negotiators who can deal effectively with insurance companies and opposing counsel. We strive to secure fair settlements that fully compensate you for your injuries, damages, and losses.
- Trucking Industry Knowledge: Truck crash cases often involve complicated regulations and industry standards. Our team is well-versed in these rules, which is key for identifying violations that can strengthen your case.
At Plevin & Gallucci, we prioritize our clients’ needs and concerns. We provide personalized attention, will keep you informed at every step of the legal process, and will strive for an outcome that gives you a better future.
What to Do After a Truck Accident
Knowing the steps to take immediately following a commercial truck accident can help protect your rights and improve your chances of receiving fair compensation. Below is a series of recommended next steps.
- Ensure Safety and Seek Medical Attention: First, check yourself and others for injuries. If anyone is seriously injured, call 911 immediately for medical assistance. Even if you don’t think you’ve been hurt, it’s important to see a doctor as soon as possible. Some injuries may not be apparent right away but can manifest later, and medical records will be important for your claim.
- Call the Police: Report the accident to the police. Having an official police report is vital for documenting the incident. When the officers arrive, provide them with an accurate account of what happened, but avoid admitting fault or making speculative statements.
- Gather Evidence: Collect as much information as possible from the scene. This includes taking pictures and videos of the accident scene, exchanging information with the truck driver, (including names, addresses, phone numbers, insurance details, and the trucking company’s name), and obtaining contact details from any witnesses who saw the accident occur.
- Contact a Truck Accident Lawyer: Consulting a Cleveland truck accident lawyer can positively impact the outcome of your case. An experienced attorney can guide you through the legal process, help gather evidence, negotiate with insurance companies, and represent you in court if necessary.
Compensation and Damages in a Truck Accident Case
If you’ve been involved in a truck accident, you may be entitled to various types of compensation to cover your financial losses as well as non-economic damages. Depending on the circumstances, they may include:
- Medical Expenses: These expenses include medical bills for current and ongoing hospital stays, surgeries, medications, physical therapy, and other immediate medical treatments. You can also seek damages for ongoing medical care, rehabilitation, and any necessary future treatments related to your injuries.
- Lost Wages: You may seek reimbursement for the income you lost while recovering from your injuries as well as compensation for reduced earning capacity if devastating injuries affect your ability to work in the future.
- Pain and Suffering: This category compensates you for the physical pain and discomfort resulting from your injuries. It also covers the emotional distress and psychological impact of the accident, including anxiety, depression, and trauma.
- Property Damage: You can request compensation for the cost of repairing or replacing your damaged vehicle in addition to personal property damaged in the accident.
- Loss of Consortium: This is compensation for the negative impact on your relationship with your spouse or family due to your accident injuries.
- Punitive Damages: Punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future. Although rare, these damages are awarded when gross negligence or intentional misconduct leads to the accident.
Determining who pays your compensation depends on what caused and/or contributed to the accident. The following parties may be responsible:
- Trucking Company: The truck company may be held liable if the driver was acting within the scope of their employment when the accident occurred. Companies are responsible for the actions of their employees and ensuring their trucks are properly maintained.
- Truck Driver: If the driver was negligent, such as by driving under the influence or violating traffic laws, they may be personally liable for the damages.
- Manufacturers: If a mechanical defect or failure contributed to the accident, the manufacturer of the truck or its parts may be held responsible.
- Other Third Parties: In some cases, other parties such as maintenance providers or cargo loaders could be liable if their negligence contributed to the accident.
How Long Do Trucking Accident Cases Take?
The duration of a truck accident case can vary. While some cases might resolve quickly, others can take much longer due to the complexity of the issues involved. Here are some key factors that can influence the timeline of a truck accident case:
- Investigation and Evidence Gathering: A thorough investigation is essential to build a strong case. This process includes collecting evidence such as police reports, witness statements, medical records, and expert testimony.
- Medical Treatment and Recovery: The extent of your injuries and the time needed for recovery can also affect the case timeline. It’s important to understand the full scope of your medical needs before settling a claim to ensure you receive adequate compensation for future expenses.
- Negotiations with Insurance Companies: Insurance companies usually try to settle claims quickly, but their initial offers may not reflect the true value of your case. Negotiations can take time, as your attorney works to secure a fair settlement. The willingness of both parties to negotiate in good faith can either shorten or lengthen this process.
- Filing a Lawsuit: If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a truck accident lawsuit. This step officially begins the litigation process, which includes several stages such as discovery, pre-trial motions, and possibly a trial.
- Discovery Process: During discovery, both parties exchange information and gather evidence to support their claims. This phase can involve depositions, interrogatories, and requests for documents. The amount of information to be exchanged can impact the length of the discovery process.
- Trial Preparation and Scheduling: If your case goes to trial, preparation is crucial. This includes developing legal strategies, preparing witnesses, and organizing evidence. Additionally, court schedules can affect how soon your case will be heard, and trials can sometimes be delayed due to the court’s calendar.
- Trial and Verdict: The trial itself can last from a few days to several weeks, depending on the complexity of the case and the number of witnesses. After the trial, the jury will deliberate and reach a verdict, which can also take time.
Truck accident cases can range from a few months to several years, depending on the specifics of the case. Working with a knowledgeable attorney can help streamline the process and ensure that your case is handled efficiently while you focus on your recovery.
How Much Does a Truck Accident Lawyer Cost?
Most personal injury attorneys work on a contingency fee basis, which means you do not have to pay any upfront fees. Instead, the lawyer’s fee is a percentage of the settlement or award you receive. If you do not win your case, you generally do not owe any legal fees.
In addition to the contingency fee, there may be other costs associated with your case, including:
- Costs for filing the lawsuit and other court-related expenses.
- Fees for experts who may need to testify on your behalf, such as accident reconstruction specialists or medical professionals.
- Expenses related to gathering evidence, such as hiring private investigators or obtaining medical records.
- Miscellaneous costs such as photocopying, postage, and travel expenses.
At Plevin & Gallucci, we offer free initial consultations to discuss your case and explain the fee structure. This allows you to understand the potential costs and evaluate whether we are a good fit for your needs without any financial commitment.
Cleveland Truck Accidents: an Overview
Truck accidents in Cleveland and Northeast Ohio are a significant concern due to the heavy commercial traffic passing through the area. Several factors contribute to these accidents, including:
- Driver Fatigue: Long hours on the road can lead to truck driver fatigue, reducing reaction times and decision-making abilities.
- Mechanical Failure: Issues such as brake failure, tire blowouts, and engine problems can cause drivers to lose control of their vehicles.
- Drunk Driving: Driving under the influence of drugs or alcohol impairs a driver’s ability to operate the vehicle safely.
- Distracted Driving: Using mobile phones, eating, or other distractions can divert a driver’s attention from the road.
- Speeding: Exceeding speed limits or driving too fast for road conditions increases the likelihood of accidents.
- Poor Weather Conditions: Rain, snow, and fog can create hazardous driving conditions, making it difficult for trucks to stop or maneuver safely.
Truck accidents can take various forms, each with its own set of risks and potential damages:
- Rollovers: Trucks have a high center of gravity, making them prone to rollovers, especially when turning sharply or traveling on uneven surfaces.
- Jackknifing: When a truck’s trailer swings out to form a 90-degree angle with the cab, it can block multiple lanes of traffic and cause severe collisions.
- Underride Accidents: Smaller vehicles can become trapped under a truck’s trailer, often resulting in catastrophic injuries or fatalities.
- Rear-End Collisions: Due to their size and weight, trucks require longer stopping distances. Failing to stop in time can lead to rear-end collisions with smaller vehicles.
- Side-Impact Collisions: Trucks making wide turns or changing lanes without checking blind spots can collide with other vehicles.
The trucking industry is governed by a set of rules and regulations designed to enhance safety and reduce the risk of accidents. Some key regulations include:
- Hours of Service (HOS): The Federal Motor Carrier Safety Administration (FMCSA) sets limits on how long commercial truck drivers can be on the road and mandates rest breaks to prevent fatigue.
- Maintenance Standards: Regular inspections and maintenance of trucks are required to ensure they are in safe working condition.
- Weight Limits: Trucks must adhere to weight restrictions to prevent overloading, which can lead to mechanical failures and accidents.
- Drug and Alcohol Testing: Drivers are subject to random drug and alcohol testing to ensure they are not operating vehicles under the influence.
- Licensing and Training: Truck drivers must obtain a commercial driver’s license (CDL) and undergo specific training to handle the demands of operating large vehicles.
Understanding these aspects of truck accidents can help you better understand the legal and logistical challenges that arise after an incident. If you or a loved one has been involved in a truck accident, seeking legal assistance can help ensure your rights are protected and you receive the financial compensation you deserve.
Get a Free Consultation From a Cleveland Truck Accident Lawyer
At Plevin & Gallucci, we are here to provide you with the support and legal representation you need after a devastating truck accident. Our experienced team of personal injury lawyers is dedicated to fighting for your rights and ensuring you receive the compensation you deserve, so don’t face this situation alone—let us help you handle the legal aspects and advocate on your behalf. For more information, contact us today for a free initial consultation.