The moments following a commercial truck collision can change your life forever, and you may need legal assistance afterward. A Lorain truck accident lawyer provides the legal guidance you need to get the financial compensation you’re owed.
At HMW Law—Ohio Trial Attorneys, we can serve as your dedicated Lorain personal injury lawyer team, working tirelessly to protect your rights while you focus on healing. At our firm, Damn Right, We Fight!™ Contact us for a free consultation or continue reading to learn more about how we can help you.
Federal Regulations That Impact Your Truck Accident Case
The trucking industry operates under strict federal regulations that can significantly impact your legal claim. Understanding these rules helps identify violations that strengthen your case.
Hours of Service Rules
Commercial drivers must follow specific limits on driving time:
- Maximum 11 hours driving after 10 consecutive hours off duty
- No driving beyond the 14th hour after coming on duty
- Required 30-minute breaks after 8 cumulative hours of driving
- Limits on total weekly driving hours
Violations of these rules often indicate driver fatigue, a leading cause of truck accidents. We review logbooks and electronic records to identify any violations of hours-of-service regulations.
Maintenance Requirements
Federal law mandates regular inspections and maintenance for commercial vehicles. Drivers must:
- Perform pre-trip inspections
- Document mechanical issues
- Maintain detailed service records
- Remove unsafe vehicles from service
When maintenance failures contribute to accidents, both the driver and the trucking company may be held responsible.
For a free legal consultation with a truck accident lawyer serving Lorain, call 216-774-0000
The Unique Challenges of Truck Accident Evidence
Truck accident cases involve unique forms of evidence that don’t exist in typical car accident claims. Commercial vehicles are equipped with sophisticated data recording systems that capture critical information about what happened before, during, and after a crash.
Electronic Logging Devices (ELDs) record:
- Driver hours of service
- Rest breaks
- Vehicle speed
- Braking patterns
- Engine performance
Engine Control Modules (ECMs) store valuable data about:
- Speed at impact
- Throttle position
- Brake application timing
- System malfunctions
This digital evidence can be quickly overwritten or deliberately destroyed if not properly preserved. Our attorneys immediately send preservation notices to trucking companies, demanding they maintain all relevant records.
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Common Types of Truck Accidents and Their Unique Dangers
Different types of truck accidents pose specific dangers and necessitate distinct investigative approaches. Here are some of the common types that our Lorain truck accident attorneys have seen.
Jackknife Accidents
These occur when a truck’s trailer swings outward at an angle to the cab, often caused by:
- Improper braking
- Slippery road conditions
- Excessive speed in curves
- Equipment failure
Jackknife accidents frequently lead to multi-vehicle pileups as the trailer blocks multiple lanes of traffic.
Underride Collisions
Among the most deadly types of truck accidents, underride collisions occur when a smaller vehicle slides beneath a truck’s trailer. These accidents often result in:
- Catastrophic head and neck injuries
- Roof crush injuries
- High fatality rates
Federal regulations require underride guards, but many are inadequate or poorly maintained.
Rollover Accidents
Commercial trucks have a high center of gravity, making them prone to rollovers due to:
- Sharp turns at excessive speeds
- Improper loading
- Wind gusts
- Collision avoidance maneuvers
When trucks roll over, they often spill cargo and create additional hazards for other drivers.
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The Timeline of a Truck Accident Case in Ohio
Understanding the legal process helps you prepare for what lies ahead. While every case is unique, most follow a similar timeline.
Initial Investigation Phase
The first weeks after your accident are critical. During this time, we:
- Secure the accident scene evidence
- Obtain police and accident reports
- Interview witnesses while memories are fresh
- Request preservation of the truck’s black box data
- Begin collecting your medical records
Acting quickly during this phase often makes the difference between a successful case and a missed opportunity.
Pre-Litigation Negotiations
Once we’ve established a strong foundation of evidence and your medical condition has stabilized, we:
- Prepare a comprehensive demand package
- Present your case to the insurance companies
- Negotiate for fair compensation
- Evaluate settlement offers against your total losses
Many cases resolve during this phase without court involvement, but we prepare every case as if it will go to trial.
Litigation Process
If negotiations do not yield a fair offer, we will file a lawsuit. This process typically involves:
- Filing a formal complaint in court
- Exchanging information through discovery
- Taking depositions from witnesses and experts
- Attending mediation sessions
- Preparing for trial
Even after filing a lawsuit, a settlement remains possible at any point in the process until the day of the trial. Only a small percentage of cases make it that far.
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Medical Considerations After a Truck Accident
Truck accidents typically cause more severe injuries than passenger vehicle collisions. Understanding these medical aspects helps us build stronger cases.
Common Truck Accident Injuries
Victims often suffer:
- Traumatic brain injuries
- Spinal cord damage
- Multiple fractures
- Internal organ damage
- Burn injuries (especially in accidents involving hazardous materials)
Long-Term Care Needs
Many truck accident victims face:
- Extended hospitalization
- Multiple surgeries
- Years of physical therapy
- Assistive devices and home modifications
- Ongoing pain management
- Psychological counseling
Our attorneys consult with medical experts to accurately calculate your current and future medical needs, ensuring your settlement accounts for lifetime care requirements.
Insurance Complications in Truck Accident Cases
Truck accident insurance claims often involve multiple policies with complex coverage rules that can be confusing for victims.
Multiple Insurance Policies
A single truck accident may involve:
- The truck’s commercial liability policy
- The trucking company’s umbrella policy
- The shipping company’s insurance
- Insurance for the truck’s cargo
- The driver’s personal insurance
Our attorneys identify all applicable policies to maximize your potential recovery.
Contact Our Lorain Truck Accident Lawyers Today
If you or a family member has been injured in a commercial truck accident, don’t wait to get legal help. Ohio law limits the time you have to file a claim, and evidence becomes harder to collect with each passing day.
At HMW Law—Ohio Trial Attorneys, we bring years of experience and a record of success in handling complex truck accident cases. Contact our office today for a free consultation with our truck accident lawyers in Lorain.
Call or text 216-774-0000 or complete a Free Case Evaluation form