Does an accident victim have to remain at the scene of a truck accident in Hamilton Ohio?

Mar 5, 2020 11:05 PM ET

An accident victim must stay at the scene in accordance with Ohio State Law. The severity of injuries after a tractor trailer accident can be significant.  Each class of truck has its own specific challenges regarding collisions with passenger vehicles. Trucks fall into two classes, those weighing 10,000 pounds or less, and those weighing more than 10,000 pounds, which may move them to the Commercial Motor Vehicle category and change some of the laws and damages to be sought after in personal injury situations.

Large trucks increase roadway dangers.


Approximately every 16 minutes a person is injured or killed from a truck accident.  Most of the time the truck accident is caused by a passenger vehicle and approximately 16% of the time the fault falls with the driver of the truck.  If you are involved in a truck accident in Hamilton, Ohio, you should:

If you are able, check on the condition of the people involved in the accident;
Call the police or emergency responders if needed;
Get a written accident report;
Remain at the accident scene;
Exchange driver and insurance information;
Get witness contact information;
Call your insurance company to set up a claim;
Seek out medical treatment if necessary;
Take pictures of the scene, and the vehicle damages;
If the truck is a commercial vehicle, get a State Trooper report;
Call a personal injury attorney to assist in the determination of “fault” and guide actions toward an insurance or legal proceeding to address damages and injuries sustained. 

Remain at scene.


In Ohio, a driver involved in an accident resulting in a collision with a person or property must immediately stop at the scene of the accident, or as close to it as possible and must remain at the scene of the accident until the driver has given their name, address, vehicle registration information, and upon request, their driver’s license information to any person involved in the accident. If the injured person is unable to comprehend and record the information, then the driver must notify the police and remain at the scene of the accident until a police officer arrives. 


Comparative negligence impact to settlements.


When accidents occur because someone fails to exercise the degree of care expected of someone in a similar situation, and it results in an injury or death, it is called “negligence” building the foundation for most civil lawsuits.  Ohio laws stipulate that damages will be reduced in proportion to the claimant’s degree of fault, also referred to as comparative negligence and is a factor in filing insurance claims or personal injury settlements.


In Ohio, the victim in a car accident can sue the negligent driver for compensation. The victim’s liability in causing the accident, or their comparative negligence, affects the amount of compensation the victim receives.  If the victim contributed less than 51% of the negligence that caused the accident, then their compensation is reduced by the amount they contributed to the accident. If the victim contributed 51% or more of the negligence that caused the accident, then the victim is barred from receiving any compensation.


Seek legal counsel.


Seeking effective legal counsel at the Law Offices of Kruger & Hodges, attorneys who have experience in truck accident cases, is in your best interest to get the proper attention to your case, and a comprehensive settlement to cover damages specific to your individual situation. 

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