Commercial trucks pose extreme risks to motorists traveling on Indiana roads and highways. If an accident occurs, the consequences are usually severe given the weight of the semi-truck and the speeds of the vehicles involved. These collisions can result in death and severe injuries if the semi-truck drivers are not using reasonable care.
If you have or a family member has been injured or a loved one has been killed in a trucking accident and it was the other driver’s fault, you have a right to make a personal injury claim and to recover for you damages and losses suffered as a result thereof. Truck accident claims by injured persons can help you recover both monetary and non-monetary damages like pain and suffering and the emotional losses suffered as a result of losing your loved one, and a truck accident attorney can help you obtain the compensation you deserve.
This guide will help you understand what your options are for how to file a truck accident claim in Indiana and how to seek full and fair compensation for the injuries and damages you have suffered.
What You Should Do Following a Truck Accident in Indiana
Immediately after the truck accident, your first step should be to seek medical care for yourself and your passengers. This includes being seen by a EMT’s, being taken to an emergency room by ambulance if necessary or going to your doctor for a follow-up appointment after the collision.
Since most trucking accidents are quite serious, especially in comparison to standard car accidents, some of the types of treatments and care that become necessary are as follows:
- Ambulance transport
- Emergency room treatment
- Hospitalization
- X-rays and other diagnostic scans
- Surgery or surgeries
- Rehabilitation, occupational therapy, physical therapy
- Pain and other medications
- Follow-up medical appointments
- Future medical care and treatments
- Psychological care
- Wheelchairs, crutches, braces and other medical devices
Evidence Collection
First, do not stress. Your truck accident attorney will obtain the evidence that will be needed for your case but obviously it is beneficial to your case if you or a friend or relative are physically able to help collect evidence. Moreover, you should always call the police after any motor vehicle accident as the investigating officer will obtain evidence regarding the collision and all parties involved in the collision.
Some things you can do immediately after an accident include the following:
- Call 911 and have the police and ambulance personnel come to the scene
- Collect photos and videos of the scene, including persons and vehicles involved, especially the side of the truck which has vital information usually located on the door
- Obtain contact data for all witnesses and the other drivers
- Get checked out by EMS and get transported to the hospital for a more thorough examination by a doctor
- Hire a truck accident lawyer as soon as possible as evidence will disappear if not retained as soon as possible
After the accident, your attorney can collect additional forms of evidence, which may include:
- Video and photos of the scene and vehicles involved
- The police report
- Photos and body camera footage from the police
- Dash camera footage from the truck or other involved vehicle3s
- Commercial Driver’s logbook
- Truck inspection records
- Trucking company records for their vehicle and driver
- Drug, alcohol and/or other toxicology reports for the truck driver
Who Can You File Your Claim Against?
Several persons or companies can possibly bear responsibility for causing the accident. An accident attorney with experience in handling trucking cases can help determine who did what wrong. Moreover, claims can be made against one, some, or all depending upon the facts in the case.
The following entities or persons can potentially be held liable for an accident depending upon what happened in the collision:
- The truck driver (e.g. For not following the rules of the road, driving too many hours without appropriate rest, failing to maintain the truck and trailer, failing to follow safety rules, failing to properly secure the cargo, failing to make sure the trailer was no overloaded, failing to have the appropriate licensing and training)
- The trucking company (e.g. For negligent hiring or retention of the driver, failing to maintain the truck and trailer, requiring the driver make deliveries with time limitations, failing to enforce safety rules)
- The manufacturer (e.g. If negligence or strict liability applies for manufacturing defects with the truck or trailer or other involved items and they caused or helped to cause the collision)
- Loaders or shippers (e.g. They can be negligent if the cargo was not properly secured or the truck and trailer are overloaded)
- Other drivers (e.g. If multiple vehicles were involved and the other driver failed to follow the rules of the road)
Your Damages and Losses
Depending on the facts of the case, damages can include both economic and non-economic losses. Calculating your damages for economic losses is simpler than calculating damages for non-economic damages and losses, although non-economic damages are more important and should be valued higher as they compensate for how the injuries negatively affected your life in whole. For example, the majority of your economic losses you incurred were what was spent trying to alleviate or lessen the effects of your injuries and the pain and suffering you experienced, such as non-economic losses.
Nobody wants to even think about being injured in a collision and if they are injured, they would rather be put back to where they were before their injury occurred than to have to make a claim for monetary damages. However, if you are injured through the fault of others, you are owed full and fair compensation for all your injuries and damages sustained, past and future, just like any other person in Indiana.
General Types of Economic Losses – Past and Future
- Property damages to your vehicle and items in your vehicle
- Medical bills
- Lost wages and loss of earning capacity
- Rehabilitation expenses
- Wheelchairs, crutches, braces and other medical devices
- Home assistive devices
- Home health care
- Future medical care
General Types of Non-Economic Losses – Past and Future
- Loss of enjoyment of life
- Pain and suffering
- Scarring and disfigurement
- Loss of consortium, services and society
- Permanent functional disability
Filing Your Indiana Truck Accident Claim
Your attorney will provide each potentially at-fault person or entity’s insurance carrier the evidence that their insured caused the collision and your injuries and damages and what your settlement demand amount is for based upon the evidence. The main purpose of an insurance company is to make money. Because of this, insurance companies may try to deny a claim altogether or they make an offer that is unreasonable and far below the true value of your claim.
When this occurs, your auto accident attorney at Craven, Hoover & Blazek, P.C. can negotiate further on your behalf to see if there is a way to reach a mutually amicable settlement agreement. If such a settlement cannot be reached, your attorney can file a lawsuit and litigate your claims in court if necessary.
You should have an attorney representing your interests as soon as possible following a collision as your success rate would greatly improve. Your lawyer will know the personal injury laws in Indiana are there are several. Most personal injury cases we handle for our clients do eventually get settled because we are always ready to go to court if necessary. If the defendant’s insurance company refuses to settle your claim in a fair manner, again, we are prepared to go to court and prepared to present the evidence necessary to win your case.
Your Indiana Truck Accident Lawyers – Craven, Hoover & Blazek, P.C.
Are you seeking justice for a trucking accident injury or death in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced trucking accident attorney in Indianapolis, today. We represent injured persons and their families across the state, including Indiana residents injured out of state and individuals from other states injured in Indiana.
We provide guidance, empathy and expert knowledge to all our clients and we stand with them in seeking full and fair compensation and because we work on a contingency fee basis, none of our clients pay any attorney fees unless we win their case for them. We have collected millions and millions of dollars in settlements and jury verdicts for our clients over the last 30 years. Do not wait – act now while you still have time!
Related Posts:
Navigating the Highways: A Review of Indiana’s Commercial Trucking Laws
Critical Steps to Take Immediately After a Big Truck Accident
Never Accept A Truck Accident Settlement Offer without Talking To An Attorney
