How You Can Pursue Recovery After a Tractor Trailer Accident
When an Indiana truck accident has left a victim permanently disabled, they often have to pay the high costs of implementing changes to their home to make it handicap accessible. In extreme cases, the victim may require the need for home nursing assistants or other medical professionals. It is because of all these factors that truck accident lawsuits often involve substantial financial compensation. This is why it is critical for victims and their families to obtain the help of a seasoned Indianapolis, IN tractor trailer accident lawyer from Ward & Ward Personal Injury Lawyers for help. Because of the astronomical dollar amounts often involved, the trucking company, insurance company, and any other involved at-fault party will do all they can to minimize a victim’s claim. A tractor trailer accident lawyer from our firm will aggressively protect a victim’s rights and work to get the damages they deserve.
Table Of Contents
- How You Can Pursue Recovery After a Tractor Trailer Accident
- Filing a Wrongful Death Claim After a Tractor Trailer Accident
- Tips for Finding the Right Lawyer
- Indianapolis Tractor Trailer Accident Infographic
- Indianapolis Tractor Trailer Accident Statistics
- Indianapolis Tractor Trailer Accident FAQs
- Ward & Ward Personal Injury Lawyers, Indianapolis Tractor Trailer Accident Lawyer
- Contact Our Indianapolis Tractor Trailer Accident Lawyer Today
How Our Truck Accident Lawyer Can Help You
The first step in an accident claim is to show that the negligent act of the other party was responsible for the crash. Some of the more common types of negligence are driver error, failure to maintain and repair the vehicle, and failure to supervise truck drivers. To prove negligence on the part of the at-fault party or parties, a truck accident attorney will use the following as evidence:
- Police reports of the accident
- Any citations issued by the police against the truck driver
- Results from blood alcohol test of the truck driver
- Truck driver log books
- Truck driver personnel file and driving record
- Maintenance records for the vehicle involved in the crash
- Information from any camera or data recorder in the truck
- Witness testimony
Once your lawyer has gathered enough evidence to prove fault, the next step will be to show the losses the victim has suffered as a result of the truck accident. Losses can include both economic and noneconomic, as well as past and future losses. These include:
- All medical expenses, including future medical care
- Loss of income
- Loss of future financial losses
- Pain and suffering
- Mental anguish
- Permanent disability
- Permanent scarring or disfigurement
To prove these losses, a truck accident attorney will use the following as evidence:
- All medical records and medical bills.
- Documentation from the victim’s employer regarding the salary and benefits the victim did not earn because they were unable to work.
- Testimony from doctors and other medical professionals explaining what the victim’s future medical treatments will be and how much those treatments will cost.
- Diaries, journals, or notes that the victim kept that would indicate what their emotional and physical condition was during recovery.
- Psychological evaluations from mental health professionals detailing any emotional issues the victim has suffered as a result of the accident.
- Testimony from the victim, their family, friends, and doctors explaining how the accident and injury have affected the victim’s life.
Common Causes of Truck Accidents
Large trucks transport a staggering fraction of the food, consumer products, fuel, and other commodities that Americans need to go about their daily lives. As a result, there are millions of large trucks on U.S. highways and surface streets at any given moment in time. With so many large vehicles navigating the complex web of American roads at all times, collisions are bound to occur. Human error, poorly maintained roads, weather complications, and a host of other influences contribute to the regular occurrence of major truck accidents. Therefore, truck accident victims need to understand that they are not alone.
Filing a Wrongful Death Claim After a Tractor Trailer Accident
To lose a loved one is often followed by an extensive period of grief, as a tractor trailer accident lawyer in Indianapolis knows all too well. It can be incredibly painful to face the life you once shared with someone following their passing. Trucking accidents don’t often end well. Driving such a large vehicle requires that the driver uses some level of skill and, is alert at all times. Due to the pressures of the trucking industry, it’s not uncommon for drivers to work long hours, resulting in their being heavily fatigued. Filing a wrongful death claim for many may provide a sense of closure for their loss.
Wrongful Death Claims
Sometimes, the negligent actions of another can have significant consequences. When someone is responsible for an accident that results in the death of a victim, family may have the ability to file a wrongful death suit against the negligent party. Wrongful death cases, attempt to hold the person who caused the accident responsible for their negligence. Close family who were dependent on their loved one may collect damages that may include:
- Lost Wages and Benefits
- Medical Expenses
- Survival Actions- Which account for injuries and suffering your loved one may have experienced following the accident and prior to passing.
- Pain and Suffering
- Loss of Companionship
- Funeral Expenses
- Punitive Damages
It’s important to note that when determining the award for loved ones, the court will take into account pecuniary loss. Such factors may include, the financial standing of the person who passed, their age, wage, their dependents, etc.
The Timeframe for Your Case
It will be key to take action within the proper time frames outlined by the state in which you live. The statute of limitations is the amount of time you have to pursue a wrongful death case after the discovery of your loved one’s passing. Once the statute of limitations period has passed, you may no longer have the opportunity to take action. Even if you are feeling unsure of whether you should pursue wrongful death, it may be a good idea to at least start by speaking to a lawyer. They may be able to educate you on what to expect out of the process.
Managing Grief
Managing loss, especially when unexpected, can have a significant emotional impact on a loved one. Provided that the person who passed away also had a hand in supporting the family financially, the hardships to follow can be even more devastating. Although your lawyer can support you in your wrongful death case, you may consider taking steps that may assist in managing your grief:
- Talk about the person you lost
- Take care of yourself
- Spend time with family and friends
- Seek the support of a therapist
When grieving, you may feel unstable and unprepared to face the roller coaster of emotions that lies ahead. Building your support network, and taking the time to practice self-care and mindfulness may make all the difference. The tragic and unexpected death of a loved one is certain to be devastating. You may be able to experience closure by taking the time to properly care for yourself amidst your grief. Some find that taking legal recourse whenever possible can help provide compensation for the losses suffered by loved ones as a result. I
Tips for Finding the Right Lawyer
If you have been in an accident, you might find yourself feeling overwhelmed. This can be true no matter the severity of the accident, or the injuries that you have experienced. Because you might be feeling overwhelmed, you might also be intimidated by the prospect of finding a lawyer. The reality is, though, that it doesn’t have to be difficult, and by taking the right steps you can help ensure that you find the right one for you.
- Talk To the Right People
If you have been in a tractor trailer accident, then you might be facing both damage to property, and injuries, as well. These injuries can be devastating, and hard to recover from due to the size of the machinery that is often involved. When you are seeking a lawyer then you need to make sure that you are talking to the right people. First, you should ask for personal references from friends and family. However, if you can’t find someone that way then doing your research online can be a good next move.
- Don’t Be Afraid To Do Your Research
After you have sought out personal references, you should do some research online to help ensure that you are finding someone like Ward & Ward Personal Injury Lawyers who can help you with dealing with the aftermath of your accident. Getting the right lawyer can make a world of difference in getting the compensation that is due to you, so you shouldn’t be afraid to do plenty of online research, not only on the lawyer’s but on other pages around the web.
- Be Well-Prepared for Meetings
After you have done your research about a tractor trailer accident lawyer, and decided on the ones that you would like to meet, you need to begin preparing yourself for meetings with them. Some may think that it is fine to show up to a meeting and begin asking questions from there. The reality is, though, that you will get more out of the meetings if you go to them well-prepared, with lists of questions.
Indianapolis Tractor Trailer Accident Infographic
Indianapolis Tractor Trailer Accident Statistics
According to the National Safety Council (NSC), more than 5,000 tractor trailers are involved in fatal crashes in the U.S. every year, and that number continues to rise. There has been an almost 50 percent increase in fatal crashes compared to just 10 years ago.
If you or a loved one has been injured, contact one of our tractor trailer accident lawyers to find out what type of financial compensation you may be entitled to. Many of these crashes result in serious to catastrophic injuries, and the financial impact on families can be devastating.
Indianapolis Tractor Trailer Accident FAQs
Accidents involving large trucks can be severe and catastrophic, because of this, it will be necessary to understand your rights and the legal steps moving forward. We understand the complexities of tractor-trailer accident law and are here to provide guidance and support during this challenging time. Below, we address some frequently asked questions to help you navigate the aftermath of a tractor-trailer accident.
What Steps Should I Take Immediately After A Tractor-trailer Accident?
After a tractor-trailer accident, prioritizing your safety and well-being is paramount. First, ensure that everyone involved receives any necessary medical attention. Then, if possible, document the accident scene by taking photographs of vehicle damage, injuries, and any relevant road conditions. Additionally, obtain contact information from the truck driver, witnesses, and law enforcement officers. Promptly report the accident to your insurance company, but refrain from providing any recorded statements until you’ve consulted with an experienced legal professional.
How Is Fault Determined In A Tractor-trailer Accident Case?
Determining fault in a tractor-trailer accident involves a thorough investigation of various factors, including driver behavior, adherence to traffic laws, road conditions, and potential mechanical failures. Our legal team can conduct a comprehensive investigation to gather evidence such as witness statements, accident reconstruction reports, and driver logs. This evidence helps us establish liability and hold the responsible parties accountable for your injuries and damages.
What Damages Can I Claim In A Tractor-trailer Accident Lawsuit?
There are several damages that victims of a truck accident may be entitled to including medical expenses, lost wages, property damage, pain and suffering, and emotional distress. Our Indianapolis tractor trailer accident lawyer will work diligently to ensure that our clients receive the maximum compensation they deserve. Our experienced legal team will assess the full extent of your damages and pursue a fair settlement or verdict on your behalf.
How Long Do I Have To File A Claim After A Tractor-trailer Accident?
The statute of limitations for filing a tractor-trailer accident claim varies by state, typically ranging from one to three years from the date of the accident. However, it’s essential to consult with a lawyer as soon as possible to ensure compliance with any applicable deadlines. Delaying legal action could jeopardize your ability to seek compensation for your injuries and damages. Contact a legal professional with experience in this area of practice promptly to discuss your case and explore your legal options.
Can I Sue Both The Truck Driver And The Trucking Company?
Yes, you can pursue legal action against both the truck driver and the trucking company in a tractor-trailer accident case. Depending on the circumstances of the accident, the truck driver, the trucking company, or both may be held liable for your injuries and damages. Our team has extensive experience handling complex trucking accident cases and can identify all potentially liable parties. Our goal is to ensure that you receive the full and fair compensation you deserve for your losses.
Ward & Ward Personal Injury Lawyers, Indianapolis Tractor Trailer Accident Lawyer
728 S Meridian St, Indianapolis, IN 46225
Contact Our Indianapolis Tractor Trailer Accident Lawyer Today
At Ward & Ward Personal Injury Lawyers, we take pride in being on your side. We have the experience our clients deserve when taking on these types of personal injury claims. In many cases, there are several parties involved and multiple parties can be sued for damages. Although this can be very beneficial for accident victims because it allows for more opportunities to collect compensation, it also means that parties might try to shift blame onto each other. When you need help, don’t hesitate to speak with our trusted tractor trailer accident lawyer in Indianapolis. Our kind and compassionate staff is available to you 24/7 when you need assistance with your case, so call us now.