If you or a loved one is the victim of a truck accident in or around Indianapolis, a truck accident lawyer is the best lawyer you can get. An experienced attorney will help you understand your rights, make sure you get the treatment you need and help you pursue every avenue to recover what you deserve.
Indiana statute of limitations
The statute of limitations is the deadline by which a legal case must begin in the court system. In Indiana, the statute of limitations for filing a personal injury claim related to a truck accident is two years. This period usually begins on the date of the accident (the date your injury occurred), but may be extended in certain circumstances.
You should not wait to contact an attorney until you have fully recovered. An experienced truck accident attorney can be your partner from the start, helping to advocate for the best treatment options and making sure you can access care. Contacting an attorney as soon as possible will also help them preserve evidence and build the best case against the parties responsible for your injuries.
Determining fault in a truck crash in Indiana
Often, more than one factor contributes to a breakdown. These can include natural factors such as inclement weather, driver errors such as failing to yield the right of way, and reckless behaviors such as speeding or drunk driving. Unsafe vehicle design, poor equipment maintenance, and intentional actions such as disabling safety features can increase the risk of injuries in trailer accidents.
Because the facts of many truck collisions are complex, determining liability or legal “fault” can be difficult. Fortunately, Indiana law allows for multiple parties to be at fault legally. Each of them bears a proportionate amount of responsibility.
For example, a jury may find that the accident was caused 1) 50% by a speeding truck driver, 2) 25% by the manufacturer of a defective hitch and 3) 25% by a trucking company owner who failed to perform and properly document equipment inspections.
Because interstate trucking is a complex and highly regulated industry, an aggrieved plaintiff may have claims against the truck driver, the driver’s employer, a freight company, the owner of the truck, the owner of the shipment, the company that makes the vehicle or part of the vehicle, or the maintenance company and other parties.
If the injured person is partially responsible for the accident, they can still obtain compensation from other responsible parties. However, the amount they recover will be reduced by their share of liability. This is known as “comparative negligence.” However, if the judge or jury determines that the plaintiff is 50% or more at fault, they cannot recover.
How can a lawyer help you?
In Indianapolis, Indiana, the best truck accident attorneys understand the complex laws that apply to interstate commercial trucking. Federal and state laws work together to regulate the industry. It sets specific standards that trucking companies and drivers must meet, including rules regarding driver training, health and behavior, and other rules governing truck maintenance, inspection, and certification. Experienced truck accident attorneys know what to look for and how to pursue liability claims against all potential liable parties.
An experienced personal injury attorney can also help you find and negotiate payment with medical providers, document your recovery journey, and connect you to resources for long-term care. They also work with insurance companies, debt collectors, and creditors so you can focus on your recovery.
The best truck accident attorneys in Indianapolis, Indiana, also understand how to properly assess a claim. This will include measurable economic costs, called Special damage And General damage Such as pain, suffering, psychological distress, and lost opportunities. Your spouse and children may also be able to pursue claims about how your injuries have affected their relationships with you.
While pursuing an insurance claim or filing a lawsuit without an attorney is possible, hiring an experienced truck accident attorney in Indiana has many advantages. It provides peace of mind that your claim will be promptly and correctly filed and efficiently pursued. An experienced attorney can help you understand the process and feel more empowered along the way.