Cincinnati Truck Accident Lawyer
Ohio Catastrophic Injury and Product Liability Lawyer
Both State and federal governments have imposed laws on trucks and their regulators in an effort to make highways a safer place. However, these laws and limitations are often broken and lead to accidents and injuries.
Fatal Truck Accidents
According to the National Highway Traffic Safety Administration, in 2008, 37,261 people were killed and 2,346,000 people were injured in automobile accidents. Of those 37,261 people killed, 11,441 were killed in truck accidents, and of the 2,346,000 injured, 791,000 were injured in crashes involving some form of a truck. When looking at large truck crashes, one will find that 4,229 people were killed when this type of vehicle was involved, with only 677 or 16% of the deaths being the operator of the truck, 3,139 being operators of other vehicles, and 413 not being occupants of any vehicle.
In 2013, while the fatality rate has been decreasing for passenger vehicles accidents, there was a small increase to 3, 964 fatalities in crashes involving large trucks. The majority of the fatalities (2,834) were occupants of the vehicle colliding with the truck, though notably 427 large truck drivers were killed in single vehicle accidents.
When to Contact an Attorney
Following an truck accident where you suspect there was negligence, a defective product or simply have questions about what may have happened, you should contact and experienced produce liability lawyer to investigate the matter.
The Lyon Firm has developed compelling evidence in catastrophic injury cases through the use of accident reconstructionists, bio-mechanical engineers, forensic design engineers, life care planners, economists, and medical doctors to present the highest quality evidence and arguments on the Plaintiff’s behalf. This work has resulted in significant seven figure settlements that enhanced and secured a dignified quality of life for the Plaintiff’s future.
Causes of Fatal Truck Accidents
TRUCKING COMPANY LIABILITY FOR NEGLIGENT TRAINING
Trucking companies can fail to properly train their employees in a multitude of ways. Among many other variables, employees need to know: how to drive a truck versus any other vehicle, what every truck control does, how often they can drive, what loads they are allowed to carry, what to do when other trucks and vehicles are on the highway, what is considered distracted driving, what driving under the influence exactly is, and, consequently, what not to do while driving.
If employers fail to mention or adequately touch on any one of these factors (or others) during training, then they have negligently trained and have not given their drivers the appropriate knowledge they need to be safe on the road. Additionally, negligent training can arise if, after hiring and initial training, trucking companies fail to renew that training or continue to enhance their drivers’ abilities in months and years to come. Furthermore, if trucking companies fail to let go of an employee who has shown signs of inadequate driving, the companies may be charged with negligent training, as well.
- Driver Fatigue
- Defective Tires
- Negligent Truck Operation
Types of Injuries Associated with Truck Accidents
Due to the size and force involved in truck accidents, the injuries are often catastrophic or fatal as discussed above.
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Burn Injuries
- Orthopedic Trauma
- Crush Injuries
- Degloving Injuries
- Traumatic Amputation
- Wrongful Death
The legal options will depend on what caused the truck accident and injury. In any case, these injuries are usually too serious for the injured party to negotiate a fair and comprehensive settlement without an attorney. The interplay of complex liability questions, subrogation, and future life care plans require the attention of an attorney experienced in complex product liability and industrial lawsuits.
There are personal injury cases where an attorney may not be necessary, but truck accident injuries are usually permanent and should be addressed by a lawyer qualified in complex personal injury matters.
Vehicle Accident: If the case involved a vehicle accident, there is typically insurance available to compensate the injured party. However, often individual vehicle insurance policies will not be sufficient to fully compensate the victim. In those cases, it may be necessary to find additional defendants that contributed to the accident sequence and can therefore contribute to compensating the injured party.
Product Liability: Where the injury was caused by a defective product, the litigation path is much more expensive and complex. The attorney will need to evaluate the viability of the defendant and cost to prove the case through expert testimony. Product liability cases can be some of the most expensive types of litigation, but where there is a viable defendant, the cases should be evaluated carefully to determine if a defective product caused the fracking accident.
Workers Comp as Exclusive Remedy: If you were injured at work by another worker, the first step is whether the case is limited to Worker’s Compensation. This analysis requires a thorough understanding of Employer Intentional Tort law which has become more difficult in recent years. Often the case requires a removal of an equipment safety guard or a knowing violation of an OSHA regulation to move past a motion for summary judgment. Joe Lyon has successfully litigated cases and obtained settlements for workers in addition to Workers Compensation.
- Allow the car or cars in the accident to be destroyed. This evidence must be preserved
- Remove any social media postings.
- Make any statements to insurance companies or automotive company private investigators without first speaking with a qualified attorney.
OHIO TRUCKING ACCIDENT STATISTICS
- In Ohio in 2013, there were 13,370 crashes involving trucks.
- 7,852 of those 13,370 accidents were directly caused by the truck drivers. Thus, truck drivers cause 60% of all trucking accidents in Ohio in 2013.
- 3,835 injuries and 121 deaths resulted from these accidents in 2013.
KENTUCKY TRUCKING ACCIDENT STATISTICS
According to a study released by the Kentucky Transportation Cabinet, semi trucks consist of 7% of the traffic between Jefferson County and Gallatin County. Near downtown Louisville, as many as 5,000 to 11,000 trucks will travel along the highway in a given day.
TRI-STATE: OHIO-INDIANA-KENTUCKY: TRUCKING ACCIDENT STATISTICS
- North of the Ohio River, 12% of I-75 traffic consists of trucks (17,700 per day).
- South of the Ohio River, up to 25% of I-75/I-71 traffic consists of trucks (40,400 per day).
- North of the Ohio River, up to 7% of I-71 traffic consists of trucks (7,400 per day).
- According to the Brent Spence Truck Ban Analysis from the Ohio-Kentucky-Indiana Regional Council of Governments, the segments of the tri-state area experiencing the largest number of severe accidents (directly related to heavy truck flow) are I-75 between the Norwood Lateral (SR-562) and I-275 and the segment of I-71 between the Norwood Lateral (SR-562) and I-275.
- The average number of crashes per year along these small, specific segments were 68 and 64 respectively.
FEDERAL TRUCKING ACCIDENT STATISTICS
- About 98% of all semi-truck accidents result in at least one fatality.
- 90% of all commercial truck accidents are the direct result of some sort of human error (driver, passenger, pedestrian, etc.).
- Fatal tractor trailer accidents cost America $20 billion each year.
- Semi-trucks make up 3% of all vehicles on the road in the United States, but cause anywhere between 10% and 20% of all accidents.
- In 2013, there were 13,370 crashes involving trucks, 7,852 of which were crashes directly caused by the truck drivers; truck drivers caused 59% of trucking accidents.
If you or a loved one suffered an injury due to a truck accident and have questions about the implications and the legal remedies available to improve quality of life and medical care, contact The Lyon Firm (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer these critical questions
After two hip replacement surgeries, I was informed that one of the prosthesis was the DuPuy Joint and the other was very similar but manufactured by a different company. After several attempts to contact the manufacturer directly to discuss the claim, I was met with bureaucratic red tape that appeared to be insurmountable. I then turned to Joe Lyon of the Lyon Law Firm who immediately cut through the pro I highly recommend Joe if you are faced with the need for this type of litigation.Tim Ross
I met Joe during what was easily one of the worst times of my life. My husband had been in a serious accident and was a quadriplegic following that accident and remained in one medical facility after another until his death nearly four years later. We had contacted an area attorney who told us we absolutely did not have a case. Then we called a Cleveland firm that took the case and brought in Joe. Joe did so much of the work and became just like family to us. I would highly recommend Joe to anyone and be willing to guarantee that he will do anything and everything possible to get satisfactory results. He is extremely dedicated to his clients and very hard working. Mike and I came to think of him like a son, I still do; if it wasn’t for him I don’t believe our case would have been settled the way it was and may have ended up in a courtroom where the results can go any way.Donna Urchak