Understanding Truck Accident Liability and Regulations in Ohio Federal regulations restrict long-haul truck drivers from staying on the road for extended periods, but research from the Insurance Institute for Highway Safety (IIHS) reveals that many drivers still violate these rules. Compounding the issue, large trucks can require up to 40% more time to come to a full stop when fully loaded, which contributes to the statistic that one in three truck drivers have been involved in a serious crash, according to the Centers for Disease Control and Prevention (CDC).
In such accidents, passenger vehicles are at a disadvantage due to the sheer size difference, with trucks weighing up to 30 times more than a car, as noted by the IIHS. In 2018 alone, 4,136 people lost their lives in crashes involving large trucks, with only 16% of the victims being truck drivers. In Ohio, 162 fatalities occurred in 141 commercial vehicle crashes, including large trucks, as reported by the Ohio State Highway Patrol, with Cuyahoga County experiencing the highest number of such accidents.
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If you’ve been injured in a truck accident, a Cleveland truck accident attorney at Ben Crump Law, PLLC is ready to fight for the compensation you deserve. Contact us for a free consultation at (844) 430-1030.
Updated Trucking Regulations
In 2020, the Federal Motor Carrier Safety Administration (FMCSA) updated rules limiting the time truckers can drive. Truckers hauling goods are allowed to drive for up to 11 hours a day, but only after taking 10 consecutive hours off duty. They may not drive after more than 14 consecutive hours on duty and must take a 30-minute break after eight hours of driving. Additionally, truckers can’t work for more than 60 hours in a seven-day period or 70 hours in an eight-day span, per the Federal Register.
Ohio has its own set of regulations. The Ohio Revised Code section 4506.01 outlines the requirements for obtaining a commercial driver’s license, while section 4506.15 forbids commercial drivers from having any measurable amount of alcohol or controlled substances in their system while on duty. Section 5577.04 also sets the maximum weight limit for trucks at 80,000 pounds.
Liability in Truck Accidents
In Ohio, the driver responsible for causing a truck accident is liable for damages. However, determining fault in truck crashes can be complex, as multiple parties, such as the trucking company, may share responsibility.
Insurance Requirements
Interstate truck drivers are required to meet minimum insurance coverage standards set by the FMCSA. General freight truckers must carry at least $750,000 in insurance, while those transporting hazardous materials need $1 million in coverage. Despite this, an FMCSA report revealed that fewer than 1% of truck crashes exceed the financial responsibility minimums. However, crashes involving fatalities or catastrophic injuries often surpass current insurance limits, with the average fatal crash involving a large truck costing over $3.6 million as of 2005.
Comparative Negligence in Ohio
Ohio follows a “comparative negligence” standard, meaning that if you are partially at fault for an accident, your compensation may be reduced by your percentage of fault. For instance, if you’re found 10% responsible for the accident, your total award will be reduced by 10%. Insurance companies may try to use this standard to lower your settlement.
Damage Caps and Legal Options
If an insurance company’s offer doesn’t cover your losses or their policy limits fall short, you can file a lawsuit. Truck accident claims may involve multiple parties beyond the driver. For example, if a faulty truck part caused the crash, the manufacturer could also be held liable.
Ohio has no cap on economic damages such as medical bills and lost wages. However, noneconomic damages like pain and suffering are capped at three times the economic damages or $250,000, whichever is higher. These caps are waived in cases involving severe injuries or permanent disfigurement. Ohio also lifts these limits in wrongful death cases, as outlined in Ohio Revised Code sections 2315.18 and 2125.
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In cases with multiple defendants, Ohio’s joint and several liability law ensures each party pays according to their degree of fault, as described in Ohio Revised Code section 2307.22. Additionally, you have two years from the date of the accident to file a personal injury lawsuit, or two years from the date of death in wrongful death cases, as outlined in section 2305.10.
If you’re unsure about what compensation you may be entitled to, a Cleveland truck accident lawyer can guide you through the legal process and help you pursue the damages you deserve.