Detailed Answer — immediate to long-term steps

1. Immediate actions at the scene

• Get medical attention right away. Even if injuries seem minor, some injuries (whiplash, internal bleeding, traumatic brain injury) can appear later.
• Call 911 and make sure police respond so there is an official crash report. Ask the officer how to obtain a copy of the report.
• Preserve evidence: take photos of vehicles, skid marks, road signs, traffic signals, your injuries, and the scene from multiple angles. Note weather, lighting, and debris.
• Exchange basic information with the truck driver: name, company name, vehicle registration, driver’s license number, and insurance information. Do not admit fault.

2. Medical care and documentation

• Follow up with a medical provider and keep records of all treatment, testing, prescriptions, and medical bills.
• Keep a symptom journal: pain levels, limits on daily activities, lost work time, and emotional effects.

3. Preserve evidence and notice to the trucking company

• Save clothing, shoes, and any damaged personal items; they can be evidence.
• Send a written “preservation” or spoliation notice to the trucking company and the truck driver (if you know them). Ask them to preserve the truck, black box data (Electronic Control Module), driver logs, vehicle maintenance records, and any cameras. Early preservation helps prevent loss of critical evidence.
• Identify witnesses and get their contact information and written or recorded statements if possible.

4. Insurance claims — how to start

• Notify your own insurer promptly (your policy may cover medical payments or uninsured motorist benefits).
• File a claim with the truck driver’s insurer and the trucking company’s insurer. Commercial trucks usually carry larger liability policies.
• Provide only factual information about the crash. Do not give recorded statements or accept a settlement offer until you understand the full value of your claim and your prognosis.

5. Who can be held responsible?

Liability can extend beyond the truck driver:

• The trucking company (respondeat superior) if the driver was on duty and acting within job scope.
• The vehicle owner if different from the company.
• Maintenance shops, parts manufacturers, or the cargo loader if defective parts or negligent loading contributed to the crash.
• Government entities in some cases (e.g., dangerous road conditions), but claims against public entities may follow separate notice rules and deadlines.

6. Evidence commonly requested in truck crash claims

Key items that can make or break a claim:

• Accident report from investigating law enforcement.
• Commercial driver’s logs and electronic logging device (ELD) data showing hours of service and fatigue.
• Driver qualification files, drug/alcohol test results, and hiring records.
• Vehicle maintenance and inspection records, black box/ECM data, and dash-cam or nearby surveillance video.
• Photographs, witness statements, and medical records.

7. Filing a lawsuit — timing and Ohio statute of limitations

If a settlement does not resolve your losses, you must file a lawsuit in time. Under Ohio law, most personal injury claims must be filed within two years from the date of the injury. See Ohio Revised Code § 2305.10 for the general rule: Ohio Rev. Code § 2305.10. Certain situations (claims against government entities, minors, or discovery rules) can change that deadline, so act promptly.

8. Comparative fault and how fault affects recovery

Ohio uses a comparative fault system. If a court finds you partly at fault, the court reduces your damages by your percentage of fault. See Ohio Revised Code § 2315.33: Ohio Rev. Code § 2315.33. For example, if total damages are $100,000 and you are 20% at fault, your recovery drops to $80,000.

9. Settlement vs. lawsuit — what to expect

• Most claims resolve by settlement. Insurers often make initial offers that are lower than the claim’s full value.
• If settlement negotiations stall, a lawsuit forces formal discovery (depositions, requests for records) to obtain crucial evidence like driver logs and maintenance records.
• Trials are unpredictable and can take months or years. Many cases settle before trial if evidence strongly supports your claim.

10. When to consult an attorney

Talk to an attorney early if any of the following apply:

• Serious injuries (hospitalization, surgery, long-term impairment).
• Multiple parties may share blame (truck company, owner, parts manufacturer).
• Insurer denies liability or offers an unreasonably low settlement.
• You need help obtaining trucking records or preserving electronic data.

An attorney can explain your rights, handle evidence collection, negotiate with insurers, and, if needed, file suit before the statute of limitations expires.

Important reminder

This is educational information and not legal advice. Laws change and facts vary. Consult a licensed Ohio attorney about your specific situation.

Helpful Hints

• Do not give a recorded statement to the trucking company’s insurer without advice from your own insurer or a lawyer.
• Act fast to preserve evidence — black box data and surveillance video are often recorded over or destroyed.
• Keep a single organized file (paper and electronic) with medical bills, receipts, photos, the police report, and all correspondence about the crash.
• Ask your treating doctors to record how the crash caused or worsened your condition and how it affects your daily life and work.
• If a government vehicle or roadway condition contributed, ask about special notice requirements for claims against public entities and meet those deadlines.
• Request copies of the truck’s driver logs, ELD data, maintenance records, and the truck company’s insurance declarations early — an attorney can help issue formal preservation and discovery requests.
• Keep clear notes of conversations with insurers and other parties, including date, time, who you spoke with, and key points discussed.