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Cleveland Cement Truck Accident Lawyer
Cement truck collisions happen more frequently than many people realize. They share city roads with other vehicles and could cause severe injuries. Sometimes, these truck accidents even result in fatalities. Our legal team at Ryan Injury Lawyers could assess the recoverable damages in these truck accident lawsuits. Schedule your free consultation today with a Cleveland truck accident attorney.
How Can a Cleveland Cement Truck Accident Lawyer Help With Your Case?
Driving alongside any large construction vehicle can be terrifying. These trucks are massive, especially ones carrying cement. They can be pretty intimidating primarily because of the load they transport. Dangerous truck accidents like a tire blowout or mechanical failure are not even on top of the list.
In times like this, it is essential to have an experienced Cleveland cement truck accident lawyer on your side. Our team at Ryan Injury Lawyers can help you navigate the entire legal process. We are here to ensure that you get the fair compensation you deserve. Contact us today for a free consultation.
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Common Causes of Cement Truck Crashes
Cement trucks are distinctive compared to other vehicles on the road. Their high center of gravity also makes them much more vulnerable to rollovers. Additionally, drivers have a constrained field of vision and several blind spots.
Life-threatening truck accidents often involve cement trucks due to many causes. The most common causes of truck accidents are:
Overspeeding
One potential factor in cement truck collisions is overspeeding. We all know that concrete in a truck is continuously mixed. However, it can still harden in no more than two hours. Therefore, truck drivers frequently rush to deliver cement to construction sites. The cement is as good as nothing if it does not arrive wet.
This time constraint could become a factor for truck drivers to exceed the posted speed limit. They might do it to get to their destination on schedule. Doing so could result in a collision with another vehicle. Or worse, it could lead to concrete spilling out of the mixer, endangering traffic.
Weight
Trucks carrying cement can weigh up to 50,000 pounds when fully loaded with wet cement. Driver error is significantly higher because of the truck’s size and weight. This hazard stems from the truck’s increased stopping distance and tricky maneuvering.
A truck driver must have extensive training to operate the vehicle. They must have the skills to prevent rolling over or tipping. If not, the other drivers on the road may be in danger in a rollover disaster. It could result in significant truck accident injuries or fatalities.
Driver Error
Another potential factor in a cement truck crash is driver mistakes. It can be quite a challenge to operate these large vehicles. Hence, errors can occur on the part of the truck driver. However, there is far more at stake when truck drivers make a mistake.
A truck accident could happen if the truck driver is inexperienced. Their errors could result in the truck losing control. Careless drivers could either be:
- Sleepy;
- Disoriented;
- On the phone; or
- Eating while they are driving.
Nonetheless, all of these could lead to catastrophic events. It is crucial to employ a professional and well-trained driver to avoid these incidents.
What To Do After a Cleveland Truck Accident
Accidents involving a company truck can be complicated. Semi-truck or huge cement trucks is as traumatic.
The trucking company’s inclination to defend the acts of its driver is one issue. They will take every safeguard to avoid being accountable as a business.
As a result, we suggest you take several actions to support and improve your truck accident cases. Following your collision, you should take each as soon as possible.
Call 911 for Medical Attention
After an accident, you should immediately dial 911. It is crucial even if your injuries sustained seem minor. Adrenaline and shock can cover up pain signs, which you may overlook for several days. Other serious diseases can be challenging to identify or take some time. Getting medical attention can help you prove later that the accident hurt you.
Take Pictures of The Scene
Snap as many photos of the scene if possible. Do it as long as you are able. Also, make sure to get every one of the accident’s automobiles. It covers:
- Vehicles of the liable parties (Semi-trucks, commercial trucks, commercial vehicles, tractor trailers, passenger vehicles, etc.);
- The environment;
- Any wounds you might have received;
- The current state of the roads; and
- The weather.
You could also include all these in the responding officer’s police report. It will be a big help and would serve as your documentary for support.
Contact Your Insurance Company
Keep in mind to notify your insurance provider after the incident. They’ll need to be aware of what transpired.
By all means, do not speak with the at-fault party’s insurance company. They might reach out to you to get your perspective on the situation. Even if the insurance adjuster seems friendly, don’t respond. Usually, the company intends to use your statements against you somehow.
Schedule a Meeting With an Experienced Cement Truck Accident Attorney
It might seem like you have a clear-cut case. However, a truck accident is rarely that straightforward. Negotiating a settlement might not always go as planned. You may feel pressured into taking the settlement up on the first offer.
The skilled Ohio truck accident lawyers at the Ryan Injury Lawyers Law firm have much experience negotiating superior settlements. Keep in mind insurance providers do not have your best interests at heart. Therefore it is worthwhile to investigate your options. We will fight for you in recovering compensation because you deserve it.
Determining Liability in a Cement Truck Accident
Determining who is at fault in a cement truck accident can be challenging. One must consider many factors in the event. Additionally, the insurance companies decide who is accountable.
However, there may be several things you can do to build a compelling case. You can do so with the help of an Ohio truck accident lawyer. Then, you can hold the negligent party liable. The following parties possibly liable for the wreck are:
Truck Driver Negligence
The legislation from the federal and state levels imposes driving safety rules. Trucking companies should follow these mandates as well. Only licensed drivers with the appropriate training should be behind the wheel of their vehicle. They may be accountable for the collision if they violate these safety regulations. Some include:
- Fatigued driving;
- Distracted driving;
- Reckless driving; and
- Other poor driving choices.
Employer Negligence
The concrete company will also be responsible for the conduct of its drivers. They might be at fault if they permitted a damaged truck on the road. Or if they employed an improperly trained driver to operate the vehicle.
Additionally, they must guarantee that they have policies to encourage safe transportation methods. Trucking companies should comply with these standards to avoid catastrophic incidents from happening.
Highway And Road Design Defects
Highway and road design defects are common causes of serious truck accidents. The government entity handles maintaining these roadways. Hence, these defects can often be the result of their negligence.
There are many different types of highway and road design defects, including:
- Potholes;
- Uneven pavement;
- Inadequate lighting;
- Deficient signage; and
- Poorly designed intersections and curves.
Failure to maintain road safety standards could result in a tractor-trailer or trucking accident. If you need assistance with your case, don’t hesitate to give us a call. Our Cleveland truck accident lawyers are here to fight for your rights and safety.
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Ryan Injury Lawyers helps those across Ohio including residents in:
Comparative Negligence Law in a Cleveland Cement Truck Accident?
In most personal injury cases, the question of who is at fault is crucial. The person who caused the accident is usually liable for the resulting damages. However, in some cases, both parties may be at fault. This rule is known as comparative negligence.
Under Ohio law, comparative negligence allows injured parties to recover damages. They could recover damages even if they were partially at fault for the accident.
In pursuing compensation, the plaintiff must prove that the defendant was more than 50% at fault for the trucking accident. If the plaintiff appears to be 50% or less at fault, they can still recover damages. But, those damages will decrease by their percentage of fault.
For example, a plaintiff receives $100,000 in damages. Later on, the court determined the plaintiff to be 20% at fault. Then, they would only recover $80,000.
The Statute of Limitation in Filing a Cement Truck Accident Case
Cleveland, Ohio, has a two-year statute of limitations for cases involving truck accidents. Accordingly, you typically have two years from the accident date to file. Only lawsuits are subject to this deadline; your insurance claim is not.
You must notify your insurer of a claim as soon as possible after the collision. Your insurance provider may reject your claim as a result of the delay.
Recoverable Damages Available in Cleveland Cement Truck Accident
You may be wondering what kind of recoverable damages are available to you. It depends on the facts and circumstances of your case. In most cases, accident victims often claim compensation for economic, non-economic, and punitive damages.
- Economic Damages: Economic losses are losses in money. These losses are easily quantifiable and take many different forms, such as:
- Urgent medical attention;
- Doctor’s fees and medical bills;
- Inpatient stays;
- Medications on prescription;
- Physical therapy;
- Upcoming medical expenses;
- Lost wages;
- Diminished capacity to earn;
- Property damage;
- Transportation; and
- Other additional long-term expenses.
- Non-economic Damages: Non-economic injuries do not have a specific monetary number. Their purpose is to compensate for any pain you endure due to the accident. Non-economic damage examples include the following:
- Psychological or physical suffering and pain;
- Loss of enjoyment of life;
- Mental and emotional anguish;
- Additional deformities such as scarring;
- Anxiety, fear, or embarrassment; and
- Post-traumatic stress disorder or PTSD.
- Punitive Damages: These damages intend to hold the trucking company accountable for reckless actions. A trucking company might be responsible for a collision if it knew the driver had a history of violations.
- Wrongful Death Damages: Certain families may file a wrongful death claim after a loved one dies in a motor vehicle accident. They could recover compensation for things like:
- Loss of benefits and lost wages;
- Loss of assistance or companionship;
- Medical bills for the deceased’s most recent illness or severe injury;
- Costs of burial and cremation; and
- The suffering the decedent went through before passing away.
Your settlement for a truck accident will depend on the total damages you are eligible to receive. You should be aware that the insurance provider will attempt to minimize the amount of your truck accident claim. Therefore, it pays to immediately have a knowledgeable truck accident attorney on your side.
Experienced Representation Matters: Schedule a Free Consultation With Our Cleveland Truck Accident Lawyer
Commercial trucks are a common sight on Ohio’s roads. But, the outcomes of these truck accidents can be disastrous. Dealing with an insurance adjuster or thinking about going to court can be quite challenging in light of all of this.
Additionally, you might be unaware of any claims you have, including those against governmental entities. Your financial compensation may be lost or delayed due to the complexity of the entire procedure.
Our Cleveland cement truck accident attorney at Ryan Injury Lawyers has extensive experience assisting families and truck accident victims. We’ll fight for you in this challenging time. Contact us right away to learn more about your legal options.
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The attorneys at Ryan Injury Lawyers treat you like family. They are extremely professional, kind, respectful and intelligently know the law. Highly recommend. They are well above par.
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