The lawyers at The Law Firm for Truck Safety have been at the forefront of underride trucking litigation and safety advocacy. In addition to being much longer, wider, and heavier than most other street-legal vehicles, tractor-trailers ride much higher above the road’s surface. The primary problem is that the height of large trucks and passenger vehicles don’t match up. This means that, without side underride protection, there is enough space for many car makes and models to get wedged underneath during certain types of collisions. Tragically, the mismatched height of the trailer is usually right at head level of the passenger car, causing extreme and frightening outcomes.
In an underride collision, your car’s safety protections are useless. Energy absorbing bumpers, airbags, seatbelts, and crumple zones are completely bypassed when the first point of contact between the trailer and car is the windshield.
Underride truck accidents in Toledo are uniquely dangerous. They are more likely to cause life-altering harm than other types of commercial truck crashes. If you recently sustained injuries or lost a loved one in an underride collision because the trucker was reckless or careless, our compassionate attorneys at the Law Firm for Truck Safety can help you understand what happened to you, enforce your right to civil recovery, and demand fair compensation for your losses.
Underride truck crashes in Toledo typically involve a tractor-trailer and a car traveling on intersecting paths, either while passing through an intersection or while one or both vehicles are merging or changing lanes. Common causes of underride wrecks are truck drivers failing to check whether other vehicles are present in the lanes they are moving into, turning or changing lanes without signaling, failing to yield, and speeding around sharp turns.
As is the case with most other types of truck wrecks, a trucker who is texting, distracted, or extremely fatigued is more likely to end up swerving or otherwise crossing into an oncoming car’s path and causing an underride crash. Driver inexperience is also a major factor in many underride accidents. It can serve as equally strong grounds for a lawsuit if it is the main and direct cause of a serious injury.
One challenge that can arise in Toledo underride truck accident cases is how Ohio’s comparative fault rules may impact a claim. Under this system, a civil judge can assign a percentage of fault to each partyA participant in a lawsuit. In a civil lawsuit, the party who sues is the plaintiff and the party being sued is the defendant. involved in a crash. In some cases, a portion of responsibility may be attributed to the injured person, based on the specific facts of the case, which could affect the total amount of compensation awarded.
For example, if a judge determines that a driver’s actions contributed in part to the collision, such as a last-minute lane change, the court may reduce the damagesIn a civil lawsuit, money designed to compensate an injured person. This includes economic damages (measurable financial loss like medical expenses) and non-economic damages (categories like pain and suffering or loss of love.) awarded by that percentage. However, under Ohio Revised Code § 2315.33, individuals found to be more than 50 percent at fault are barred from recovering compensation.
If you choose to work with us, we will handle these legal complexities on your behalf and advocate for a fair outcome, whether through settlement negotiations or, if needed, in court, so you can focus on healing.
In underride truck crashes, it is common to sue the truck driver and the motor carrier they
were driving for. In addition, the lawyers at The Law Firm for Truck Safety have successfully sued the manufacturer of the trailer for a products liabilityLegal responsibility for one's acts or omissions. In negligence cases, liability includes proving negligence, proving causation, and resulting damages. claim. It does not always make sense to bring products liability claim. One of our lawyers can discuss with you the parties who may be held legally responsible in under the unique facts of the collision you or a loved one was involved in.
Even a modern car with sophisticated safety technology cannot withstand the shearing force of a heavy semi-truck trailer colliding with the upper half of its frame. This means underride truck accidents in Toledo all too often have deadly repercussions. Even non-fatal underride crashes almost always cause very serious injuries.
If you hire the Law Firm for Truck Safety, we will fight to hold the right people accountable for your recent wreck and proactively seek compensation from them. Call us today to schedule a confidential case review.
If you or a loved one have been in a truck crash, we would be honored to learn more about your crash and help you build a path to justice.
Our team of truck crash attorneys is here to help so you don’t have to navigate this complicated process alone.
Contact the attorneys at the Law Firm for Truck Safety via phone for help with your case, or connect with us online for your free, no-obligation case review.
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