What Is the Truck Accident Claim Process?

January 13, 2025 | By O'Connor Acciani & Levy
What Is the Truck Accident Claim Process?

Getting hurt in a truck accident can physically and emotionally overwhelm you. You’re not only dealing with the pain of your injuries but also trying to make sense of the mounting medical bills, missed work, and pressure from insurance companies.

In times like this, it’s natural to wonder if hiring a lawyer can really make a difference—and what that process might look like if you do. 

Here at O'Connor Acciani & Levy, we want you to know that you don’t have to go through this alone. Our truck accident lawyers have extensive experience handling truck accident cases, and our law firm has the resources to handle all the heavy lifting, allowing you to focus on your recovery. 

Truck accident claims involve many more complexities than a typical car crash, so a legal advocate by your side can make all the difference. We will guide you through the truck accident claim process, understanding the unique challenges involved in these cases. 

Whether you’re struggling with debilitating injuries or dealing with the loss of a loved one, our goal is to lift that burden off your shoulders and help you seek the justice and compensation you deserve.

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Why Are Truck Accident Claims Complicated?

Truck accident claims are complicated for many reasons. Unlike standard car accidents, these incidents often involve multiple parties and significant amounts of evidence.

Trucking companies, drivers, maintenance crews, and even manufacturers can all be involved, each with their own insurance policies and attorneys. Navigating this legal maze requires a deep understanding of both Ohio and Kentucky laws. 

In Ohio and Kentucky, both states follow a modified comparative fault rule, which means that the compensation you may receive decreases by your share of fault in the accident if you are not more than 50% at fault. Establishing negligence in a truck accident case can heavily influence the compensation you receive. 

This is where having an experienced lawyer is invaluable—we can collect the evidence needed to prove negligence, including truck maintenance logs, driver training records, and electronic logging device (ELD) data, all while ensuring you are not unfairly blamed.

Steps in the Truck Accident Claim Process

The process of filing a truck accident claim can be broken down into several steps. Here’s a general overview of what to expect when you choose to work with O’Connor Acciani & Levy:

Free Consultation

The first step in the truck accident claim process is an initial consultation. We’ll listen to your story during this meeting and gather information about the accident and your injuries. This consultation is completely free, and our goal is to provide you with guidance and peace of mind.

Investigation of the Accident

After agreeing to represent you, our team begins a thorough investigation of your accident. Truck accidents require extensive evidence collection, which may involve accident scene photographs, police reports, witness statements, and more.

We’ll work to obtain data from the truck’s ELD, which tracks driver hours and may contain critical information about whether the trucker was violating federal rest requirements.

Identifying Liability

Liability in a truck accident often extends beyond the truck driver. Trucking companies, maintenance contractors, cargo loaders, or even truck manufacturers could bear some responsibility. Our attorneys will thoroughly assess all parties involved to determine who should be held liable.

Calculating Damages

Truck accidents often cause catastrophic injuries, including traumatic brain injuries, spinal cord injuries, amputations, and more. In tragic cases, truck accidents result in wrongful death.

We carefully calculate all of your damages—medical expenses, lost income, rehabilitation costs, pain and suffering, and even future care needs—to ensure that you receive fair compensation.

Negotiating with Insurance Companies

Insurance companies representing truck drivers and trucking firms are often prepared to fight claims aggressively. They may even try to pressure you into accepting a settlement far below what you deserve.

Our legal team has extensive experience negotiating with these insurance companies. We know their tactics and will not back down from getting you the compensation you need.

Filing a Lawsuit (if Necessary)

If the insurance company refuses to offer a fair settlement, we’re fully prepared to take your case to court. Our attorneys are skilled litigators who have successfully taken on large trucking companies and insurers in Ohio and Kentucky. We’ll ensure the at-fault party and their insurance company hear your story as we fight relentlessly for your rights.

Where Do Truck Accidents Commonly Occur in Ohio and Kentucky?

Serious collision between two lorries at a traffic light in Worcester, Breede River Valley, Western Cape, South Africa.

Truck accidents can happen anywhere, but they are more common in some areas due to increased traffic and road conditions. In Ohio, highways like I-70, I-71, and I-75 often see heavy truck traffic, making them frequent sites for accidents. 

In Cincinnati, the Brent Spence Bridge—a major connector between Ohio and Kentucky—is notorious for traffic congestion and truck accidents. 

In Kentucky, the I-64 and I-65 corridors see many truck accidents, especially near Louisville. Rural roads are also risky, where tight curves and poor visibility can contribute to serious collisions involving large trucks.

Common Truck Accident Injuries

Paramedics assisting a female accident victim lying on a stretcher at a vehicle crash traffic accident scene.

Truck accidents can cause severe injuries, especially given the size and weight disparity between a commercial truck and a passenger vehicle.

Here are some of the most common injuries:

  • Traumatic Brain Injuries (TBI): These can lead to permanent cognitive impairment, affecting memory, personality, and motor skills.
  • Spinal Cord Injuries: Often resulting in partial or full paralysis, spinal cord injuries can require lifelong care and adaptive living environments.
  • Broken Bones and Fractures: The sheer force of a truck collision can result in multiple fractures, leading to extensive recovery times.
  • Internal Injuries: Damage to organs can kill and often requires emergency surgery.
  • Wrongful Death: Sadly, many truck accidents result in fatalities, leaving families to deal with the sudden and tragic loss of a loved one. 

Our attorneys are well-versed in handling catastrophic injury cases and wrongful death claims. We know that no amount of money can erase the trauma, but we strive to make sure you and your family have the resources needed to move forward.

What Types of Compensation Can You Seek?

Employee benefits concept showcasing various fringe benefits like insurance, paid vacation, and office perks, designed to attract and retain employees.

In a personal injury claim or wrongful death lawsuit related to a truck accident, you can recover compensation for:

  • Medical Expenses: This includes everything from emergency care to surgeries, rehabilitation, and ongoing treatment.
  • Lost Wages: Compensation for the time you cannot work due to your injuries and loss of future earning capacity if your injuries are long-term or permanent.
  • Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
  • Loss of Consortium: In wrongful death cases, families may be compensated for the loss of companionship and support provided by their loved one.
  • Property Damage: This includes the cost to repair or replace your vehicle and any personal items damaged in the crash.

Who May Be Involved in a Truck Accident Claim?

Unlike car accidents, truck accidents often involve multiple parties. Depending on the circumstances, the following may play a role in the collision and be named in a claim:

  • Truck Driver: You can hold a distracted, fatigued, or intoxicated truck driver at fault.
  • Trucking Company: You can hold the company liable if they violated safety regulations, pressured the driver to exceed legal driving hours, or failed to maintain the truck properly.
  • Maintenance Providers: If poor maintenance or faulty repairs contributed to the crash, the maintenance contractor may share responsibility.
  • Cargo Loaders: Improperly loaded or overloaded cargo can shift during transit, leading to an accident.
  • Truck Manufacturer: You can hold the manufacturer partially liable if a mechanical failure or defective truck part played a role.

The Statute of Limitations in Ohio and Kentucky

Statute of limitations concept with a sign, law book, and gavel, symbolizing legal time limits for filing claims.

Every state has a statute of limitations or a deadline by which you must file a personal injury lawsuit. In Ohio, the statute of limitations for personal injury claims is two years from the accident date. 

In Kentucky, it is also two years, but it may extend to two years from the date you receive your last no-fault benefits. Act quickly, as failing to file within the statutory time frame can prevent you from recovering compensation entirely.

The Role of Federal Regulations in Truck Accident Claims

Truck accidents often involve federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations can serve as powerful evidence in proving negligence in a truck accident claim.

Our legal team knows how to determine if these rules were broken and how those violations may have contributed to your accident.

Hours of Service (HOS) Regulations

The FMCSA has strict Hours of Service (HOS) rules that dictate how long a truck driver can be on the road before taking a mandatory break. These rules are in place to prevent driver fatigue, which is a major cause of truck accidents.

If a driver violated these rules at the time of the accident, it can indicate negligence.

Vehicle Maintenance Standards

Federal regulations also require trucking companies to regularly inspect, repair, and maintain their vehicles. Trucks are subject to stringent safety standards, and failure to meet these standards can result in mechanical failures that lead to accidents.

Our legal team can investigate maintenance records to see if neglect in maintaining brakes, tires, or other crucial systems caused the crash.

Driver Qualification Standards

The FMCSA also sets requirements for driver qualifications, which include having a valid commercial driver’s license (CDL) and passing medical examinations. Trucking companies are responsible for ensuring that their drivers meet these standards.

If an unqualified or improperly trained driver operated the truck at the time of your accident, you can hold the trucking company liable for negligent hiring or retention.

Electronic Logging Devices (ELD)

To ensure compliance with HOS regulations, truck drivers are required to use Electronic Logging Devices (ELDs) to record their hours on the road. These devices provide crucial data that can determine if a driver violated HOS rules. Our attorneys know how to obtain and analyze ELD data to support your claim.

Cargo Securement Rules

The FMCSA has specific rules regarding cargo loading and security. Improperly secured cargo can shift during transit, causing the truck to become unbalanced and leading to accidents. Our team will review cargo loading records and inspection reports to determine if improper loading contributed to your crash.

Alcohol and Drug Testing Regulations

Federal regulations also require mandatory alcohol and drug testing for truck drivers. This includes pre-employment testing, random testing, and testing after an accident. If a driver was found to be under the influence at the time of the crash, this is a clear violation of federal law and a strong basis for proving negligence.

Impact of Regulatory Violations on Your Claim

When a trucking company or driver violates federal regulations, it strengthens your case. Our attorneys are experienced in identifying and proving these violations, which can significantly impact the outcome of your claim. Regulatory breaches not only demonstrate negligence but also show a disregard for public safety.

Contact O'Connor Acciani & Levy for Help

Facing the aftermath of a truck accident can feel like an uphill battle, but you don’t have to do it alone. The attorneys at O'Connor Acciani & Levy have the experience, resources, and dedication needed to guide you through the truck accident claim process from start to finish. 

We’ll take the time to understand your unique situation, conduct a thorough investigation, and fight tirelessly to protect your rights and secure the compensation you need to move forward.

We understand the physical, emotional, and financial toll a truck accident can have on you and your family. Let us handle the legal complexities so you can focus on what really matters—healing and recovery. 

After a truck accident in Ohio or Kentucky, contact O'Connor Acciani & Levy for a free consultation and case evaluation. We work on a contingency fee basis, so you owe us no legal fees unless we secure a settlement or verdict for you. 

Our attorneys serve clients throughout central Ohio and northern Kentucky, with offices in Cincinnati and Columbus, OH, and Covington and Florence, KY. Call us at (513) 224-5461, or contact us online to get started.

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