Truck Accident
Indianapolis Truck Accident Lawyers
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Indianapolis Truck Accident Lawyers
One out of eight traffic fatalities in 2006 resulted from collisions involving a large truck, according to the National Highway Traffic Safety Administration. Being involved in an auto accident is unsettling enough, but what happens when you collide with an 18-wheeler carrying a full load of materials that weighs more than 10,000 pounds and is 20 times the size of your car?
If an Indiana truck accident has adversely affected your life, and you are suffering from severe injuries, lost wages due to your inability to work, and mounting medical bills, you need the services of an Indiana truck accident lawyer. The skilled team at Stewart & Stewart Attorneys is ready and willing to give your case the care and attention it deserves.
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When to Hire an Indiana Truck Accident Lawyer
Truck accidents are frightening for everyone involved. The first hope is that everyone survives the accident, which is not always the case.
In many other truck accidents, one or more victims endure serious injuries. Some of these injuries may restrict your ability to work and enjoy a normal life, either temporarily or permanently.
Fortunately, there is justice for injured victims of truck accidents who suffered damages as the result of another driver’s negligence. If another driver caused your injuries, there is an opportunity to receive compensation for your medical bills, lost wages, and emotional damages. However, you need to act quickly to receive a settlement.
Contacting an Indiana truck accident lawyer at Stewart & Stewart is an opportunity to pursue justice. We understand full well how the seconds of a car accident can alter the course of your life forever. An Indianapolis truck accident attorney from our firm will be proud to represent you and your family during this difficult time.
Stewart & Stewart Indiana truck accident lawyers are here to serve you. We are dedicated and eager to assist you in securing fair compensation. You shouldn’t have to carry the burden of expensive medical bills and lost time from work because of the negligence of someone else.
Indiana Truck Accident Statistics
An Indiana truck accident can be catastrophic for vehicle drivers. Statistics from the NHTSA show that in 2006, more than 106,000 people were injured in truck accidents, and of those people, three out of four were passengers in another vehicle.
Often, the occupants of the large truck do not suffer severe damages or injuries. A large truck in Indiana is defined as a vehicle with:
- Single two-axle, six tire trucks
- Single three or more axle trucks
- Truck/trailer that is not a semi
- Tractor (cab only, no trailer)
- Tractor/one semi-trailer
- Tractor/double trailer
- Tractor/triple trailer
It is important to note that a “large truck” and “commercial vehicle” in Indiana have different definitions. A large truck in the state is classified as one type of CV. The other types of CV vehicles include:
- Combination vehicles
- Pickup trucks weighing over 10,000 pounds
- Buses (15+ passengers)
- School buses
- Any vehicle with a hazardous materials (hazmat) placard
Large trucks typically dominate the list of CV accidents in the state. All in all, commercial vehicles in Indiana contributed to nearly 17,000 collisions, thousands of injuries, and over a hundred fatalities.
Even with these overwhelming numbers, a truck accident lawsuit is highly complex and requires numerous resources to settle. That’s why you need an Indianapolis truck accident lawyer with extensive experience in this area to handle your case. You can rest assured that a personal injury lawyer from Stewart & Stewart will fight to recover the compensation you deserve.
Sharing the Road
As a driver of a passenger vehicle, your experience on the road requires you to be always alert. While driving, you are forced to consider and account for the unexpected, such as obstacles and debris on the road, construction work, and the changing speeds of other drivers around you. You must also be concerned with the added danger of sharing the road with trucks.
However, you aren’t the only one who needs to consider the safety of sharing the roadways—truck drivers also bear that responsibility.
Common issues that can lead to dangerous outcomes when a truck driver fails to consider safety measures include:
- driving longer than the allowed amount of hours, resulting in fatigue
- driving at excessive speeds
- driving trucks that are too big or overloaded
- driving trucks that are improperly maintained, especially with brake defects
Contact an Indianapolis Truck Accident Attorney
Do you need an Indianapolis truck accident attorney? Stewart & Stewart is proud to support the metropolitan area, along with the rest of the state. Every case brought to our attention receives the utmost care, preparation, and attention.
You need a reliable personal injury attorney to represent your case. Truck accidents, if not fatal, often involve serious and life-altering injuries. You can and should receive compensation for your injuries, especially when you are having trouble affording bills as a result of the incident.
The Stewart & Stewart guarantee promises clients that we’ll A) thoroughly investigate your claim, B) not charge an attorney’s fee unless we recover financial damages, and C) strive to earn you the maximum compensation in your lawsuit.
We represent Indianapolis, Carmel, Anderson, and the rest of Indiana! Stewart & Stewart also represents truck accident victims in Fort Wayne, South Bend, Gary, Greenwood, and rural districts. Our truck accident lawyers are available for a free consultation at 800-33-33-LAW.
In a Crash? Need Cash?®
Trucking companies have the luxury of their own intimidating team of insurance adjusters and skilled lawyers to assist them when involved in an Indiana truck accident. In a Crash? Need Cash?® You need your own Indiana personal injury lawyer who is experienced in getting past the red tape and complications that the company’s lawyers and adjusters create. Contact Stewart & Stewart to fight for your legal rights.
Frequently Asked Questions
What should I do if I get into a truck accident?
Call the Police. Seek Medical Attention. Get an Accident Report & Witness Statements.
If you are involved in a truck accident, these three steps can be the difference between a large settlement offer and a denial letter. To get compensation for your injuries, you will need to prove that the oother driver was at fault for the accident as well as demonstrate the damages you have incurred as a result. To do so, you need evidence to back up your arguments. This is especially important in an accident with a commercial vehicle, as the vehicle owner is likely to be a corporation with the ability to hire a lawyer to refute your claims.
Once you have taken these steps, there is more work to do. To learn what you should do next, read our article titled “What Should I Do If I Get Into a Truck Accident in Indiana?“
What happens during a truck accident lawsuit?
The first step of any truck accident lawsuit is to perform an assessment of the accident and determine if there is a valid case to be pursued. Once your lawyer decided that you have a valid case, they will begin an investigation to obtain the evidence required to back up your claim in court. When they have completed their investigation, they will compile the details of your case and file a claim against the at-fault party.
Once the case is filed with the court system, your lawyer will be able to engage in a “discovery” phase that allows them to request any relevant information from the other party. They may also question witnesses to the accident and consult with experts in relevant fields. At this point, most cases will go into mediation. The mediation process involves both parties, their lawyers, and a mediator. The mediator will try to work with you to obtain a settlement that is fair to all parties, and that compensates you for the damages you have incurred. If this mediation process is unsuccessful, then your case will go to trial.
Can you sue the trucking company if you get in an accident with a tractor trailer truck?
Yes, if you are involved in an accident with a tractor trailer truck you can sue the company that owns the vehicle. Under federal law, trucking operators are responsible for any damages caused by a driver that is on duty and working. Even if the owner of the vehicle is unaware of the negligence of their driver, they are still liable for his or her actions.
To learn more about this topic, read our article titled “Are You Able to Sue a Truck Driver’s Employer After a Truck Accident in Indiana?“
Can you sue a trucking company due to an accident caused by defective equipment?
If a truck accident is caused by defective equipment, the company that owns the vehicle may be found liable if the defect is due to a failure to properly maintain the vehicle. Federal and state regulations set strict guidlines on the maintenance of commercial trucks and a failure to abide by these regulations can result in legal liability for any damages that occur.
Who is at fault in a truck accident?
Determining who is at fault in a truck accident can be difficult, due to the various parties involved and the unique details of an accident involving a commercial truck. This is complicated by the fact that Indiana is a comparative fault state, which means that you can be found partially at fault for an accident that was primarily caused by the other driver. One of the most common ways this happens in a trucking accident is when the driver of the other vehicle fails to give the truck enough space to stop. Though most rear end collisions are the fault of the vehicle in the rear, a mistimed merge by the lead vehicle can result in partial fault for a collision. This can occur even if the truck driver was negligent or the vehicle was violating Federal Motor Carrier Safety Regulations.
To learn more about this topic, check out our article titled “Who Is At Fault In A Truck Accident?“
Who will pay for my injuries after a trucking accident?
In most cases, the company that owns the truck which caused the accident is liable for any damages that may occur. This is due to the legal doctrine of vicarious liability, which makes an employer liable for the actions of an employee that is on the clock and engaged in work that benefits the employer. This means that a trucking company is almost always liable for the actions of their truck drivers.
In addition, depending on the cause of the accident, the driver of the truck may also be liable for any damages that occur if their actions were found to be negligent.
To learn more about this issue, check out our article “Who Will Pay for My Injuries After a Commercial Trucking Accident?“
Can a trucking company be held responsible for their driver's drowsy driving?
Yes. If a truck driver goes beyond the driving and rest hours required by the Federal Motor Carrier Safety Administration (FMCSA), both the driver and the trucking company can be held liable for damages that occur. Federal law does not require knowledge of a violation, only that the company had or should have had the means by which to detect the violations.
Are truck drivers responsible for damages?
Under federal law, a motor carrier cannot make the driver of a truck solely responsible for damages that occur due to an accident. However, this does not absolve a driver of liability if they were negligent or willfully violated Federal Motor Carrier Safety Administration regulations. In such cases, both the driver and the operator are liable for damages.
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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!
Stewart & Stewart Attorneys have the knowledge and experience to defend your rights in the following areas of Indiana injury law: auto accident, brain injury, drug injury, defective product, fire and burn injury, insurance dispute, medical malpractice, motorcycle accident, nursing home abuse, slip and fall, truck accident, workers’ compensation and wrongful death.