Truck accident
Truck Accident Attorneys in Cleveland, Ohio
The firms in this guide
- Spangenberg Shibley & Liber LLP Call Spangenberg Shibley & Liber LLP: (216) 600-0114
- Kisling, Nestico & Redick (KNR) Call Kisling, Nestico & Redick (KNR): 216-658-1330
- Friedman, Domiano & Smith Call Friedman, Domiano & Smith: 216-621-0070
- Plevin & Gallucci Call Plevin & Gallucci: 216-861-0804
- Nurenberg, Paris, Heller & McCarthy Co., L.P.A. Call Nurenberg, Paris, Heller & McCarthy Co., L.P.A.: (216) 999-3998
1. Spangenberg Shibley & Liber LLP
Practice Focus: Truck accidents, 18-wheeler collisions, semi-truck crashes, commercial vehicle accidents, catastrophic injury litigation, wrongful death claims from trucking incidents
Case Types Handled: Tractor-trailer accidents, delivery truck collisions, cargo vehicle crashes, driver fatigue accidents, distracted driving incidents, mechanical failure crashes, brake failure accidents, tire blowout incidents, hazardous material trucking accidents
Legal Services: Accident investigation, evidence preservation, federal trucking regulation compliance analysis, driver qualification file review, hours of service violation investigation, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims
Background: Spangenberg Shibley & Liber LLP has recovered billions of dollars for clients and achieved verdicts exceeding $15 million in individual cases. The firm handles complex trucking litigation requiring substantial resources and trial experience.
Location: Cleveland, OH
Contact: (216) 600-0114 | https://www.spanglaw.com
Consultation: Free consultations available; contingency fee arrangements
2. Kisling, Nestico & Redick (KNR)
Practice Focus: Truck accidents, car accidents, motorcycle accidents, dog bites, medical malpractice, personal injury
Case Types Handled: Truck accidents, car accidents, motorcycle accidents, dog bites, medical malpractice, other personal injury claims
Legal Services: Free consultation, personal injury claims against insurers, representation of injured Ohioans in all 88 counties
Background: Kisling, Nestico & Redick states that it has represented injured Ohioans for more than 20 years and lists offices across Ohio, including Cleveland, Beachwood, Independence and Westlake.
Location: 1111 Superior Ave Ste 520, Cleveland, OH 44114
Contact: 216-658-1330 | https://www.knrlegal.com/
Consultation: Free consultation; the client pays nothing unless the firm wins
3. Friedman, Domiano & Smith
Practice Focus: Truck accidents, motor vehicle accidents, motorcycle accidents, hit-and-run accidents, work injuries, premises and product liability
Case Types Handled: Truck accidents, motor vehicle and motorcycle accidents, ambulette accidents, hit-and-run accidents, RV and ATV accidents, spinal and brain injuries, dog bites
Legal Services: Free initial consultation, home and hospital visits, close client involvement from the first call through settlement or verdict, service in Spanish
Background: Friedman, Domiano & Smith is a Cleveland personal injury firm that describes itself as Northeast Ohio’s attorneys for over 40 years. Its partners include Marco G. Bocciarelli.
Location: Cleveland, OH
Contact: 216-621-0070 | https://fdslaw.com/
Consultation: Free initial consultation, no fee if no recovery
4. Plevin & Gallucci
Practice Focus: Truck accidents, car accidents, motorcycle accidents, pedestrian accidents, workers’ compensation, industrial workplace accidents, medical malpractice
Case Types Handled: Truck accidents, car accidents, motorcycle and pedestrian accidents, industrial workplace accidents, product and pharmaceutical liability, workers’ compensation claims
Legal Services: Free consultation at any office or by toll-free line, personal injury and workers’ compensation claims, contingency fee representation
Background: Plevin & Gallucci has served Ohio residents since 1971 from offices in Cleveland, Columbus, Dayton and Waverly; its Cleveland office is on Public Square.
Location: 55 Public Square #2222, Cleveland, OH 44113
Contact: 216-861-0804 | https://www.plevinandgallucci.com/
Consultation: Free consultation, contingency fee
5. Nurenberg, Paris, Heller & McCarthy Co., L.P.A.
Practice Focus: Truck accidents, commercial vehicle collisions, 18-wheeler crashes, semi-truck accidents, catastrophic injuries, wrongful death from trucking incidents
Case Types Handled: Large truck collisions, tractor-trailer accidents, delivery vehicle crashes, commercial fleet incidents, driver fatigue cases, trucking regulation violation cases, complex multi-party trucking litigation
Legal Services: Comprehensive accident investigation, evidence preservation, federal trucking regulation analysis, driver qualification review, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims
Background: Nurenberg, Paris, Heller & McCarthy Co., L.P.A. has over 90 years of experience as a personal injury firm. The firm handles complex trucking litigation in Cleveland and throughout Ohio.
Location: Cleveland, OH
Contact: (216) 999-3998 | https://www.nphm.com
Consultation: Free consultations available
Driver Qualifications, Weekly Hours and Shared Liability in Cleveland Truck Crash Claims
A Cleveland truck crash claim can test the driver’s federal qualifications, the hours worked over the prior seven or eight days and the records the carrier had to keep. Ohio law then decides how fault is split among the driver, the carrier and the injured person.
Who May Drive
Except as provided in subpart G, 49 CFR 391.11(b) qualifies a person to drive a commercial motor vehicle only if the person is at least 21, can read and speak English sufficiently, can safely operate the vehicle by experience or training, is physically qualified, holds one currently valid commercial license, is not disqualified and has completed a road test or presented an accepted equivalent.
Weekly Hours, Records and Inspection
Under 49 CFR 395.3(b), a property-carrying driver may not drive after 60 hours on duty in 7 consecutive days if the carrier does not operate every day, or after 70 hours in 8 consecutive days if it does; 395.3(c) allows a restart after 34 or more consecutive hours off duty. Under 395.8(k)(1), duty-status records are kept at least 6 months, under 390.15(b) the accident register is kept for 3 years, and under 396.17 each commercial motor vehicle must have passed a periodic inspection within the preceding 12 months.
When More Than One Defendant Is at Fault
Under Ohio Revised Code 2307.22(A), a defendant found responsible for more than 50 percent of the tortious conduct is jointly and severally liable for all compensatory damages representing economic loss, and a defendant at 50 percent or less pays only a proportionate share of those economic damages, with a separate rule for a defendant found liable for an intentional tort. Under (C), each defendant pays only its proportionate share of the damages for noneconomic loss.
The Injured Person’s Share of Fault
Under Ohio Revised Code 2315.33, the injured person’s contributory fault does not bar recovery if it was not greater than the combined tortious conduct of all other persons, including those not sued, and the court reduces the damages by that person’s percentage. For example, imagine $250,000 in damages and 15 percent of the responsibility on the injured driver: the recovery would be $212,500.
Cleveland Truck Accident Questions
How long do I have to sue the carrier?
Two years after the cause of action accrues for bodily injury or injury to personal property under Ohio Revised Code 2305.10(A), and two years after the death for wrongful death under 2125.02(F)(1), subject to the listed exceptions in each section. For a city truck, liability rests on Ohio Revised Code 2744.02(B)(1), and no punitive damages are awarded under 2744.05.
Is there a cap on punitive damages?
Yes. Under Ohio Revised Code 2315.21(D)(2)(a), the court may not enter judgment for punitive damages above two times the compensatory damages awarded against that defendant, and (C) allows punitive damages only for malice or aggravated or egregious fraud, or a principal’s knowing authorization, participation or ratification, with a compensatory award.
Is pain and suffering capped?
Yes, with exceptions. Under Ohio Revised Code 2315.18(B), noneconomic loss may not exceed the greater of $250,000 or three times economic loss, up to $350,000 per plaintiff or $500,000 per occurrence, with no cap for the permanent and catastrophic injuries listed in (B)(3).