Semi-Truck Accident

How to Prove Negligence in an Ohio Semi-Truck Accident Case

Semi-truck accidents can be devastating, leading to significant physical, emotional, and financial distress. Understanding how to prove negligence in these cases is crucial for victims seeking compensation. In Ohio, establishing negligence involves demonstrating that the truck driver or another party failed to meet their duty of care, directly resulting in the accident and subsequent damages. 

At Kitrick, Lewis & Harris, our Ohio semi-truck accident and personal injury attorneys can help you prove who caused the accident and hold them responsible. Seek the compensation you deserve by getting in touch today. 

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Establishing Negligence in a Truck Accident Lawsuit

With the help of an experienced attorney, these steps can help prove who was responsible for the truck accident and pursue the compensation you are owed:

1. Establish the Duty of Care

The first step in proving negligence is to establish that the truck driver or another party owed a duty of care to the victim. In Ohio, all drivers, including semi-truck operators, have a legal obligation to operate their vehicles safely and responsibly. This duty of care extends to other drivers, passengers, pedestrians, and cyclists on the road. 

Semi-truck drivers must adhere to both state and federal regulations, which include hours of service limitations, maintenance requirements, and weight restrictions.

2. Breach of Duty

Once a duty of care has been established, the next step is to demonstrate that the truck driver or another party breached this duty. A breach occurs when a party fails to act in a manner that a reasonable person would under similar circumstances. In semi-truck accident cases, common breaches of duty include:

  • Distracted driving: Texting, using a GPS, or other distractions while driving.
  • Speeding: Exceeding the posted speed limit or driving too fast for road conditions.
  • Fatigued driving: Violating hours of service regulations, leading to driver fatigue.
  • Impaired driving: Operating the truck under the influence of alcohol or drugs.
  • Improper maintenance: Failing to properly maintain the truck, resulting in mechanical failures.

3. Causation

After establishing a breach of duty, it is necessary to prove causation. This involves demonstrating that the breach directly caused the accident and the victim’s injuries. In Ohio, there are two types of causation to consider: actual cause and proximate cause.

  • Actual Cause: Also known as “cause in fact,” this requires showing that the accident would not have occurred but for the truck driver’s actions or negligence.
  • Proximate Cause: This involves demonstrating that the truck driver’s actions were closely connected to the accident and that the injuries sustained were a foreseeable result of the breach.

4. Gathering Evidence

truck is driving on a night road

To build a strong negligence case, gathering compelling evidence is essential. This can include:

  • Accident reports
  • Witness statements
  • Photographs and videos
  • Electronic data from the semi-truck
  • Maintenance records
  • Medical records

5. Proving Damages

Finally, it is crucial to prove the damages sustained as a result of the accident. In Ohio, victims can seek compensation for both economic and non-economic damages, including:

  • Medical expenses: Costs for medical treatment, rehabilitation, and ongoing care.
  • Lost wages: Compensation for lost income due to the inability to work.
  • Pain and suffering: Non-economic damages for physical pain, emotional distress, and reduced quality of life.
  • Property damage: Costs to repair or replace the victim’s vehicle and personal property.

Work with a Dedicated Ohio Semi-Truck Accident Lawyer

Proving negligence in an Ohio semi-truck accident case requires a thorough understanding of the legal principles and a meticulous approach to gathering evidence. If you or a loved one has been involved in a semi-truck accident, consulting with an experienced Ohio personal injury attorney can help navigate the complexities of the legal process and ensure your rights are protected.

Our team at Kitrick, Lewis & Harris are highly experienced truck accident lawyers who represent clients in Columbus and the surrounding areas. Contact us today for a consultation of your case.