A collision with a commercial truck can be a terrifying experience that leaves you unsure of what you should do next. This guide walks you through what actions you might take after such a situation.
Protecting yourself at the scene
Your immediate response at the accident scene shapes what happens next. The first priority is always safety and medical attention for anyone who needs it.
If you are physically able, you should immediately dial 911. Ohio law generally requires drivers to report crashes that result in injury, death or property damage exceeding $400 and truck accidents typically meet these thresholds easily. Emergency responders can provide medical care and create an official record of the incident.
While waiting for help, you might want to gather information from the other parties such as the truck driver’s name, contact details, their trucking company and insurance information. If there are witnesses, taking note of their contact information can be valuable as well.
Building a comprehensive record of evidence
Beyond basic details, collecting and documenting evidence can be helpful if you decide to pursue a claim. Here is what to consider:
- Medical records
- Official crash reports
- Truck-specific data
- Photos of vehicle damage from multiple angles
You can access Ohio crash reports through the Ohio Department of Public Safety crash retrieval system, which allows you to search for and download your report once it becomes available.
Encountering liability challenges
Truck accidents differ from typical passenger vehicle crashes because more than one party can share responsibility. Aside from the driver, liability can involve the trucking company, cargo loaders, maintenance contractors or parts manufacturers.
Because of the risks, trucking companies and carriers that transport hazardous materials must carry liability insurance between $750,000 and $5 million, depending on the cargo. While higher coverage limits can lead to greater compensation, these claims often require extensive review by insurers and legal teams before a settlement happens.
Ohio also follows a modified comparative negligence rule. This means the court will reduce your compensation if it finds that you share fault. Crucially, if the court finds you more than 50% responsible for the incident, you cannot recover any compensation.
With the state generally giving you two years from the accident date to file a claim, legal counsel typically reviews your medical records and other relevant documents to help make sure that they meet all the requirements before the deadline expires.