Truck accident

Truck Accident Attorneys in Toledo, Ohio

Ohio 5 firms 6 min read

The firms in this guide

  1. Charles E. Boyk Law Offices, LLC Call Charles E. Boyk Law Offices, LLC: (419) 241-1395
  2. Kisling, Nestico & Redick (KNR) Call Kisling, Nestico & Redick (KNR): 419-324-8205
  3. The Buckeye Law Group Inc. Call The Buckeye Law Group Inc.: (567) 483-3883
  4. Groth & Associates Call Groth & Associates: (419) 930-3030
  5. Rittgers Rittgers & Nakajima (Toledo Area) Call Rittgers Rittgers & Nakajima (Toledo Area): (513) 496-0134

1. Charles E. Boyk Law Offices, LLC

Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck accidents, commercial vehicle accidents, tractor-trailer accidents, delivery truck accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions

Case Types Handled: Rollover accidents, jackknife accidents, underride accidents, rear-end collisions, head-on collisions, wide turn accidents, driver fatigue accidents, distracted driving accidents, brake failure accidents, cargo spill accidents

Legal Services: Federal Motor Carrier Safety Administration (FMCSA) regulations investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, electronic logging device (ELD) data analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims

Background: Charles E. Boyk Law Offices is a personal injury law firm serving Toledo and Northwest Ohio. The firm has a track record of obtaining substantial settlements and verdicts for accident victims and has been serving the Toledo area for over 35 years.

Location: 405 Madison Avenue, Suite 1200, Toledo, OH 43604

Contact: (419) 241-1395 | https://www.charlesboyk-law.com/

Consultation: Free consultation. Contingency fee arrangement with no fee unless recovery is obtained.

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 a Toledo-area office in Sylvania.

Location: 6450 Monroe St, Sylvania, OH 43560 (Toledo office)

Contact: 419-324-8205 | https://www.knrlegal.com/

Consultation: Free consultation; the client pays nothing unless the firm wins.

3. The Buckeye Law Group Inc.

Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck accidents, commercial vehicle accidents, tractor-trailer accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions

Case Types Handled: Rollover accidents, jackknife accidents, underride accidents, rear-end collisions, head-on collisions, wide turn accidents, driver fatigue accidents, distracted driving accidents, equipment failure accidents

Legal Services: Federal Motor Carrier Safety Administration (FMCSA) regulations investigation, trucking company negligence claims, driver negligence claims, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, medical expense recovery

Background: The Buckeye Law Group represents people injured in truck accidents throughout Ohio, including Toledo. The firm has multiple office locations across Ohio and serves clients in personal injury matters.

Location: 3950 Sunforest Court, Suite 200, Toledo, OH 43623

Contact: (567) 483-3883 | https://www.buckeyeaccidentattorneys.com/

Consultation: Free case evaluation. Call 1-800-411-PAIN for assistance.

4. Groth & Associates

Practice Focus: Truck accidents, car accidents, motorcycle accidents, bicycle accidents, wrongful death, personal injury; the firm also handles criminal defense

Case Types Handled: Truck accidents causing injury and property damage, car accidents, motorcycle and bicycle accidents, wrongful death

Legal Services: Free case consultation, review of legal options after a truck accident, personal injury claims

Background: Groth & Associates has a Toledo office on North Erie Street and describes more than 100 years of combined experience among its attorneys, who include Stevin J. Groth and Steven L. Crossmock.

Location: 416 N Erie St #100, Toledo, OH 43604

Contact: (419) 930-3030 | https://www.grothlaw.com/toledo/truck-accident-lawyer/

Consultation: Free case consultation.

5. Rittgers Rittgers & Nakajima (Toledo Area)

Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck accidents, commercial vehicle accidents, tractor-trailer accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions

Case Types Handled: Driver fatigue accidents, drug-related accidents, improper maintenance accidents, rollover accidents, jackknife accidents, underride accidents, rear-end collisions, head-on collisions, wide turn accidents

Legal Services: Federal Motor Carrier Safety Administration (FMCSA) regulations investigation, trucking company negligence claims, driver negligence claims, hiring practices investigation, hours of service violation investigation, maintenance records review, insurance claim negotiation, litigation, trial representation, settlement negotiations

Background: Rittgers Rittgers & Nakajima has over 200 years of combined experience in accident law and serves clients throughout Ohio. The attorneys have been selected for Ohio’s Super Lawyers and Rising Stars and are certified members of the Million Dollar Advocates Forum.

Location: Serving Toledo from Lebanon, OH office

Contact: (513) 496-0134 | https://www.rittgers.com/

Consultation: Free consultation available. The firm serves throughout Ohio including Toledo.


Driving Limits, Carrier Records and Seat Belt Evidence in Toledo Truck Crash Cases

A Toledo truck crash claim can turn on the driver’s hours that day, the electronic logs and accident records the carrier keeps, and the carrier’s proof of insurance. Ohio law then sets how an unbuckled seat belt can be used in the case and what the truck driver must do at the scene.

The Daily Driving Window and Logs

Except as otherwise provided in 49 CFR 395.1, 49 CFR 395.3(a) requires a property-carrying driver to have 10 consecutive hours off duty before driving, limits driving to 11 hours, bars driving after the 14th consecutive hour after coming on duty, and bars driving once more than 8 hours of driving time have passed without a consecutive 30-minute interruption. Under 395.8(a), the carrier must require electronic logging, with manual records in listed cases; under 395.8(k)(1) it keeps the records at least 6 months, and under 390.15(b) it keeps an accident register for 3 years.

Proof of Insurance

Under 49 CFR 387.7(a), no motor carrier may operate until the required coverage is in effect. Under 387.7(d) and (e)(1), proof is an MCS-90 endorsement, an MCS-82 surety bond or an FMCSA self-insurance authorization, and that proof is public information produced on reasonable request.

An Unbuckled Seat Belt

Under Ohio Revised Code 4513.263(F)(1), failure to wear a seat belt as required is not considered or used by the trier of fact as evidence of negligence or contributory negligence, but the trier of fact may find that the failure contributed to the harm and reduce the damages for noneconomic loss. Under (F)(2), the evidence is admissible in a claim against the vehicle’s manufacturer, designer, distributor or seller that a design defect enhanced the injury or that the car was not crashworthy.

The Truck Driver’s Duties at the Scene

Under Ohio Revised Code 4549.02(A)(1), a driver who knows of a crash must stop, remain at the scene and give name, address and vehicle registration number, and the owner’s name and address if different, to any injured person, the other operator or occupants and the police officer at the scene. Failing to stop is a first-degree misdemeanor, and a felony when the crash causes serious physical harm or death.


Toledo 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. A claim over a city truck relies on Ohio Revised Code 2744.02(B)(1), subject to the defenses in 2744.03 and the damages limits in 2744.05.

Can I recover if I was partly at fault?

Yes, if your fault was not greater than the combined tortious conduct of all other persons, under Ohio Revised Code 2315.33. For example, imagine $180,000 in damages and 20 percent of the responsibility on the injured driver: the recovery would be $144,000.

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, with a lower limit for a small employer or individual under (D)(2)(b).