Pretty much every item for sale in Toledo, from the largest to the smallest, spent some time on a large truck. Truck drivers are under more pressure than ever to deliver loads as quickly as possible. Therefore, many traffic enforcement officers look the other way when truckers violate weight limits and HOS (hours of service) limits. In fact, federal regulators have watered down many of these rules, making enforcement impossible.
When enforcement officers and government bureaucrats fail to protect people, as they often do, the tough Toledo truck accident attorneys from Lafferty, Gallagher & Scott stand up for victims. Bureaucrats and enforcement officers often serve trucking industry interests. But our legal team only cares about victims’ rights. These rights include the compensation that these victims need and deserve. They need it to pay accident-related expenses. They deserve it because, in most cases, the accident was not their fault.
This compensation is available if an attorney proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Therefore, all successful claims hinge on evidence. The proof must be strong enough to build a basic claim and refute insurance company defenses.
Basic evidence in a truck wreck case often includes the police accident report, medical bills, and witness statements. Sometimes, this proof is sufficient. Other times, it is not enough.
Witness statements are a good example. This kind of evidence may be the most compelling kind of evidence in court. Something almost mystical happens when disinterested witnesses take the stand and calmly tell jurors what they saw and heard.
These vital statements may be unavailable, especially following a freeway wreck. Most people don’t stop what they’re doing so they can loiter at crash scenes and give official statements to police officers. Additionally, many witnesses are legally incompetent for one reason or another. A poor viewing angle, a direct or indirect relationship with a party, and failure to wear prescription eyewear are the most common issues.
Advanced evidence is available as well. This advanced proof often includes electronic evidence, like:
If these gadgets were working properly, the electronic evidence they provide is almost bulletproof in court.
Contributory negligence may be the most common insurance company defense in truck crash claims. This legal doctrine basically shifts blame for an accident from the tortfeasor (negligent driver) to the victim. A Toledo truck accident lawyer can beat the contributory negligence defense in several different ways.
Additionally, because of the issues outlined above, lack of evidence is often an effective defense as well. Fortunately, the burden of proof is very low in these cases, as mentioned above. So, a little proof goes a long way.
Large truck wrecks often cause serious injuries. For a free consultation with an experienced truck accident lawyer in Toledo, contact Lafferty, Gallagher & Scott LLC. We do not charge upfront legal fees in these matters.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.