Making a Claim for an 18-Wheeler Truck Crash

May 1, 2025 | By Colombo Law

Truck accidents are among the most serious types of crashes on the road. Victims often suffer severe injuries and, in some cases, fatalities may occur. Partnering with a qualified lawyer is essential for making a successful claim for an 18 wheeler truck crash.

Never underestimate the challenges you might face if you are injured by an 18-wheeler. Our Columbus truck accident lawyers can help with every step of your claim, protecting your rights and pursuing the maximum compensation you deserve.

Colombo Law serves clients throughout Ohio. For a FREE case review in Columbus, call 614-362-7000 today. We can also help with a claim for an 18 wheeler truck crash in Cincinnati. If you have been hurt by a truck in Cincinnati, call 513-599-8841 today for a FREE consultation.

The Truck Accident Claims Process

First and foremost, you should get medical attention for any injuries you sustained in the crash. It is also important to report the accident to the proper authorities.

Once these preliminary steps are complete, you can focus on making your claim. Every truck accident case is different, but the steps involved generally include:

1. Signing an Agreement with a Truck Crash Lawyer

Once you’ve found the right truck accident lawyer, you will need to put the relationship in writing. You will be asked to sign an agreement that makes the attorney-client relationship official and authorizes the firm to represent you. Major components of the agreement include:

The legal services the firm has agreed to provide you
Contingency fee details (a.k.a., a “No Fee Promise”)
Responsibilities of the lawyer(s) and the client
Terms for cancellation
Confidentiality agreement
Estimate of expenses and timeline for resolution (truck accident cases typically take a long time)

Lawyers and staff should take the time to answer any questions you may have and review the agreement so you fully understand it.

2. Communicating Only with Your Lawyer

As a claim for an 18 wheeler truck crash progresses, you may hear from one or more third parties inquiring about different aspects of the case. These may include:

Insurance adjusters from your insurance company
Adjusters from the truck driver and/or trucking company’s insurance company
Representatives from the trucking company
Doctors and other medical professionals
Police officers and others investigating the accident

You need to report the accident to your insurer as soon as possible. Provide only the most basic details, and ask your lawyer before signing something or if you’re unsure what to say.

DO NOT speak to insurance adjusters or representatives associated with the truck driver, trucking company, or any other defendants. Give them the name and contact information for your attorney, and tell them to refer their questions.

You should be honest when reporting the truck crash to the police and be open with your doctors and other healthcare providers (especially when it comes to your injuries), but be wary of admitting fault or sharing extraneous details. These could come back to bite you and harm your case.

3. Investigating and Collecting Evidence

During your FREE case review, you and your lawyer likely reviewed some of the evidence from the accident. This may have included your account of the 18-wheeler crash, pictures of the wreck on your phone, details of any medical treatment you’ve received, and (if available) a copy of the accident report.

An 18-wheeler accident attorney will use these details as a jumping off point for investigating your case, gathering necessary evidence, and preparing a strong claim for compensation. This includes:

In-person examination of the accident scene
Obtaining photos and video footage
Speaking to eyewitnesses
Reviewing all police reports (trucking accidents may be investigated by multiple agencies)
Assessing medical records to understand your injuries
Enlisting expert witnesses
Reconstruction of the accident

This and other evidence can help your lawyer determine the cause of the truck crash and identify the defendants. Multiple defendants may be liable for your injuries and damages.

All trucking accident claims center on issues of negligence. That is, did the negligence of the truck driver (and any additional parties) cause the crash? By collecting strong evidence, your lawyer can prove that negligence was a factor and establish your right to compensation.

4. Drafting the Demand Letter

Your legal team will evaluate all of the evidence and draft a letter that (a) outlines allegations of fault against the truck driver and other parties and (b) specifies the compensation you are seeking. Once the letter is filed with the court, this officially begins your semi truck accident lawsuit.

5. Negotiating a Settlement

Defendants in a truck accident claim have several options when they are faced with a lawsuit:

Accepting liability and paying what you ask (very unlikely, at least early on)
Making an offer to settle the case (more likely); your lawyer can negotiate a fair settlement on your behalf if the initial offer is inadequate
Denying responsibility and refusing to negotiate (possible, though one or more parties may change their mind as the matter progresses)

How much are most truck accident settlements? It depends on a wide range of different factors, including the seriousness of your injuries, the extent of your losses, and the insurance coverage held by each defendant. Another important factor is what (if any) fault you have for the accident.

Plaintiffs in Ohio are barred from compensation if they are more than 50% at fault for the incident that caused their injuries (see Ohio Revised Code § 2315.33). If your share of fault is less than 50%, the court will reduce your damages according to your percentage of responsibility.

6. Going to Trial

When you make a claim for an 18 wheeler truck crash, there is a possibility that you will need to go to trial. The chances of this are relatively remote, as most cases end up settling. However, you need an experienced big rig accident lawyer who is prepared to take your case all the way.

Semi truck accident attorneys handle all aspects of trial preparation, including:

Discovery: Attorneys for both sides will request and exchange information. This is particularly important for plaintiffs in 18-wheeler accident cases, as trucking company records may contain evidence of negligence.
Pre-trial motions: These are formal requests asking the court to rule on particular questions prior to trial. Pre-trial motions can have a major impact on what evidence may be presented and more.
Settlement negotiations: As mentioned above, efforts to negotiate a settlement are likely to be ongoing during trial preparation. It may even be possible to negotiate a settlement once the trial has begun.

Knowledgeable legal representation is vital for obtaining a favorable outcome at trial. A capable attorney will be able to prepare for trial thoroughly and represent you effectively in court.

Types of Damages in an 18-Wheeler Accident Claim

One of the most important aspects of a truck accident claim is calculating the damages you may be due. Trucking companies and insurance carriers are unlikely to make you a fair offer, which is why obtaining legal representation is so important.

You may be entitled to several different types of damages in an 18-wheeler crash claim. A skilled trucking accident lawyer can determine what compensation may be available for losses such as:

Economic Damages

The majority of the damages in a truck accident case will be economic in nature. Economic damages are monetary losses. They include:

Medical expenses: It is important to account for all current and future medical expenses associated with your injuries from an 18-wheeler truck crash. These may include the cost of ambulance services, emergency room care, surgery, hospitalization, and rehabilitation, as well as prescription medications and assistive devices.
Lost wages: Did you miss work after being hit by a truck? You may be entitled to compensation for lost wages.
The loss of earning capacity: Loss of earning capacity refers to the wages you would’ve otherwise earned. If you are unable to work after a truck accident, it is vital to account for the income you will lose in the future.
Household services: You may need to hire caretakers to assist with your medical needs and/or professionals to handle your household responsibilities. If someone else is responsible, you shouldn’t have to pay these expenses on your own.

Non-Economic Damages

These are the non-quantifiable losses associated with the crash. Common examples include:

Pain and suffering: This refers to the physical pain and emotional trauma you experience after the truck accident.
Disfigurement: If you are permanently disfigured or suffer permanent scarring due to a crash with an 18-wheeler, you may be entitled to compensation.
Loss of society: Ohio permits recovery for “loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education” (see Ohio Revised Code § 2315.18). Broadly, these damages compensate you for the impact of the accident on your relationships with loved ones.

Punitive Damages

Punitive damages are only available in limited circumstances, and may only be obtained at trial. The purpose of punitive damages is to make an example of defendants whose actions are particularly egregious, as well as act as a warning to others.

Wrongful Death Damages

If your loved one tragically died in an accident with an 18-wheeler, you can pursue a wrongful death claim. Damages that may be recovered for wrongful death include:

Funeral and burial expenses
End-of-life medical expenses
Loss of income and earnings
The value of household contributions
Emotional anguish
Loss of society, companionship, consortium, etc.

Grief is a powerful force that affects all aspects of your life. A wrongful death attorney can work on your claim while you and your family focus on healing from this terrible loss.

Mistakes to Avoid in an 18-Wheeler Crash Claim

People often underestimate how difficult it can be to obtain fair compensation after a truck accident. This can lead to mistakes that have a high cost for your case.

Mistakes you need to avoid when making a claim for an 18 wheeler truck crash include:

Not seeking medical attention: This is a big mistake, as insurance companies will see this as evidence that your injuries aren’t that serious.
Failing to report the accident: Ohio Revised Code § 4519.46 requires motorists to report any accident to the police if it results in injury or death. Crucial evidence may be lost if the police don’t get to the scene in a timely fashion.
- Read More: What Are the Ohio Accident Reporting Requirements?
Not gathering evidence: Unless you are seriously injured and need to be taken to the emergency room right away, it is a big mistake not to try to gather evidence at the scene. This may be your only chance to take photos of the vehicles, speak to witnesses, and get identifying information from the driver of the truck.
Admitting fault: No matter who you’re talking to, don’t say anything to suggest you are responsible for the crash. Once you admit fault for an accident, you’re going to face an uphill battle trying to get fair compensation. Don’t even say, “I’m sorry,” as this can be misconstrued by the police and willfully misrepresented by defendants, insurance companies, etc.
Speaking to the defendants and their insurance companies: We mentioned this above, but it’s worth repeating: Do not talk to anyone who doesn’t have your best interest at heart. This includes anyone from the trucking company, insurance representatives, etc. Do not agree to answer their questions or be recorded—the information you provide may be used against you later.
Not hiring a lawyer: The defendants in a truck accident claim love it when people don’t get an attorney, because it gives them the upper hand. Hiring experienced legal counsel is imperative for protecting your rights and getting the full compensation you deserve.

Contact Colombo Law Today

For more than 25 years, Colombo Law has been a leading voice for the victims of semi truck accidents. We have an in-depth knowledge of legal actions involving big rigs, and we can help with all aspects of your claim. This includes extensive experience taking cases to trial.

For help with a claim for an 18 wheeler truck crash, contact Colombo Law. Your initial consultation is FREE, and you don’t pay fees unless we obtain a settlement or award on your behalf. Our 18-wheeler truck accident lawyers serve clients in Columbus, Cincinnati, and all of Ohio.