Cleveland Tow Truck Accident Lawyers
Are you injured after a tow truck accident? Are you unsure of your rights? Are you trying to settle your truck accident claim? If yes, do not worry! We have experienced Cleveland tow truck accident lawyers well-versed in the law. Our team at Ryan Injury Attorneys can guide you through the legal process of getting fair compensation for your injuries. We understand that this can be a daunting time, so let our seasoned personal injury lawyers help you out.
Work With The Leading Tow Truck Accident Attorneys in Cleveland
Accidents happen – but who do you turn to for help? Doing it yourself isn’t going to help you. One of the most critical things is to work with the right attorney for your truck accident cases. That’s why you need Ryan Injury Attorneys on your side. We are the leading tow truck accident attorneys in Cleveland. We are backed by over 50 years of experience, specialized training, and an advanced level of understanding when it comes to handling truck accident claims and lawsuits.
What To Do After a Tow Truck Accident?
Contact the police.
Always call the police if you are injured or your property got damaged in a truck crash. The police will arrive at the tow truck accident scene. The authorities will investigate the accident and get the required information for you to file a truck accident claim.
Request Medical Attention
Call 911 if you are in pain, have a visible injury, feel unwell, or are unsure what happened. You may have injured your head in the crash, lost consciousness, or suffered injuries you are unaware of. Emergency Medical Services (EMS) can prioritize your health and transport you to the nearest emergency facility if you’re injured.
Gather Any Evidence You Can
You may not think to gather evidence when in pain at an accident scene. But, if you’re able and have an electronic device, taking a few photos or videos at the scene may help your compensation claim and prove guilt for the truck crash.
Continue Your Medical Treatment and Recovery
An individual’s effort and commitment to recovery after an accident is an often neglected but crucial part of an accident. Tow truck accidents are unavoidable, but you may manage your recovery and rehabilitation. It will help if you listen to your doctor’s instructions. Do everything possible to heal and recover as quickly as possible from your injuries.
Speak With a Tow Truck Accident Lawyer
Following a tow truck accident, you should immediately contact a tow truck accident lawyer for a free case consultation. An experienced truck accident attorney can assist you in seeking reimbursement from the truck drivers or another entity liable for your damages.
Determining Liability in Tow Truck Accidents
Not every trucking accident results from driver error, though obviously, some are. Depending on the incident, the person or trucking company responsible for your injuries maybe someone you’ve never met.
For example, the cargo loader or shipper may be liable if an overcrowded or improperly loaded truck causes your accident. The maker or assembler may be liable if a defective component causes the occurrence. Another possibility for liability is shared responsibility. The degree of that party’s fault may determine who is responsible in this situation.
Those who could be held accountable for a truck accident include, but are not limited to:
Tow Truck Driver Negligence
Commercial truck drivers are held to a higher standard than regular drivers because they have a commercial driver’s license. Unfortunately, truck driver irresponsibility continues to be a significant factor in truck accidents.
Holders of a commercial driver’s license (CDL) must obey traffic laws. It entails following federal trucking standards and being careful to avoid truck accidents. When the truck driver disregards these instructions, they are being negligent.
Tow Truck Company Negligence
In certain circumstances, the tow truck company may be responsible for losses and damages. Although every truck accident deserves an investigation, the tow truck firm may be responsible for the following:
Improper loading. The automobile had damages due to improper loading on the tow truck. It may result from driver error, equipment failure, or both.
Lack of training. If the tow truck driver makes a mistake, it may be due to insufficient training. Inexperience, as expressed by drivers with phrases such as “Sorry, I’m new to this,” may imply tow truck firm accountability.
Failure to perform background checks. Trucking companies must guarantee that their drivers are safe. For instance, drivers whose background checks reveal a history of reckless driving may not be safe. The company could be accountable for losses if it fails to hire safe drivers.
Causes of Tow Truck Accidents in Cleveland
Maybe you don’t know what legal choices you have. The insurance provider may say your claim isn’t worth much.
But do you? The key to proving that you are entitled to compensation is proving the truck driver’s fault.
The following truck accident causes may help you:
Negligent Driving
A driver could be held responsible for a truck accident in many ways. A driver, for example, can’t pay full attention to the road if they are doing other things or is distracted. Distractions include eating, drinking, talking to other people in the car, and using electronic devices while driving.
Other types of negligent driving include:
- Drug or alcohol-impaired driving;
- Overspeeding in bad weather;
- Disregard traffic lights and stop signals;
- Securing towed goods improperly; and
- Driving without a license.
Road Design Defects
The most well-known of all road defects is the pothole. A chunk of damaged asphalt can cause a tire to skid or fill with water during a storm and “fool” a driver into believing the road is level even. But there are other types of faulty roads:
Unsafe design. Unsafe road construction is a significant factor in collisions. It may include crossings that are poorly planned, have dangerous curves, or have narrow shoulders.
Dangerous conditions. Hazardous conditions have several causes, but one of them is terrible weather. Missing or broken lights, faded lines showing where the lanes are, overgrown plants and landscaping, and missing guardrails can make the road unsafe.
Lack of a warning. Even though the road is clear, there may still be dangers due to a work zone or a train crossing. A severe storm brought down tree limbs or triggered a rockslide. These potential risks require warning signs.
Lack of Proper Truck Maintenance
Trucking companies must check and maintain their commercial trucks. Tire blowouts and brake failure, two of the most common tow truck accidents, may be caused by equipment defects or neglect.
Understanding The Federal Trucking Regulations
Hours of Service
To help prevent or minimize fatigue, Federal Motor Carrier Safety Administration (FMCSA) restricts the hours a truck driver may operate a vehicle daily or throughout a workweek. The current guidelines for hours of service include the following:
- Truck drivers are not permitted to drive longer than 11 hours or after 14 hours have passed since they began their shift without first taking a 10-hour break.
- After working 60 hours in 7 straight days or 70 hours in 8 consecutive days, truck drivers cannot operate their vehicles.
- Truck drivers who exceed the weekly 70-hour limit can work if they take 34 straight hours off, including at least two nights between 1 and 5 a.m.
- A driver must have a 30-minute for the first 8 hours of a shift.
The logbooks that truck drivers are supposed to keep must be accurate and comprehensive records of their daily actions. Recent research found that failing to log, update, or submit appropriate duty status paperwork was the most common roadside inspection offense in 2015. In total, 136,585 hours of service breaches occurred in 2015.
Maintenance, Inspection, And Repair Requirements
Federal regulations require truck drivers and trucking companies to perform routine inspections, repairs, and maintenance on their trucks and related equipment to keep their vehicles operating well. Additionally, truck drivers must keep maintenance records. Trucking companies must train drivers to operate, maintain, and inspect trucks safely.
Driver Qualifications
Federal regulations also define the minimum requirements for driver qualifications. Requirements for drivers who want to operate a commercial vehicle are as follows:
- Must be 21 years old or older;
- Can read, write, and speak English to communicate with the public, read and understand traffic signs, respond to government queries, and enter data on reports and records;
- Must have the necessary skills or training to operate the type of commercial vehicle they drive;
- Must have the physical requirements to drive commercial trucks;
- Must have an active, valid commercial motor vehicle operator’s license issued by one state or jurisdiction;
- Must have provided a driving history or certificates to their employer;
- Must not be disqualified from driving a commercial vehicle; and
- Must have a certificate proving completion of a driver’s road test and proof of successful completion of a driver’s road test.
Trucking companies are responsible for ensuring that their drivers are qualified by conducting a pre-employment driving record check.
Ohio Regulations
Ohio establishes the standards for obtaining a commercial driver’s license and has virtually adopted all Federal Motor Carrier laws. The Ohio Revised Code also sets commercial vehicle size and weight limits and when large cargoes are allowed.
The Ohio Public Utilities Commission enforces state and federal safety requirements by performing roadside inspections and on-site motor carrier compliance reviews. Over the last year, over 3,000 penalties were assessed, totaling $2.5 billion in fines.