Contact an Indiana Truck Accident Lawyer
Large trucks are essential to the continuous growth of our economy and carry “roughly 71 percent of the nation’s freight by weight,” according to the American Trucking Association (ATA). These big rigs are valuable to our country, however, they can be dangerous to other motorists on the roadways.
If you or a loved one sustained injuries due to a commercial vehicle accident, our team of truck accident lawyers can help. At the Ken Nunn Law Office, we are committed to helping injured victims seek justice after suffering injuries in a truck accident. We understand the various challenges you may face when seeking compensation.
Typically, trucking companies have large insurance policies to protect themselves in case of an accident. For this reason, it’s imperative to have an experienced attorney on your side to stand up against these large trucking and insurance companies.
Our team of attorneys can review the details of your case and inform you of your legal options. If you have grounds to pursue compensation, we will ensure that you’re treated fairly.
Common Causes of Trucking Accidents
Some of the key factors that lead to trucking accidents include the following:
- Brake problems
- Traffic congestion
- Prescription and over-the-counter drug use
- Cell phone usage
- Unfamiliarity with local roads
- Driver fatigue
- Negligent hiring of the driver
- Negligent maintenance of the truck
- Poor training
- Violations of the Federal Motor Carrier Safety Regulations
Although these are the most common causes, trucking accidents can occur for numerous other reasons. If you’re involved in an accident, it’s important to know what steps to take to protect your legal rights.
Steps to Take Following a Truck Accident
The moments after a commercial truck accident can have a major impact on your claim. In some cases, injured victims received little to no compensation for their injuries because of the decisions they made immediately following their accidents. Below, our truck accident lawyers share some suggestions that you can use in case of a tractor-trailer accident:
Remain at the scene and call emergency personnel – Immediately after the accident, it’s essential to remain at the scene and call for help. If for any reason you decide to flee the scene, you could face criminal charges. It’s in your best interest to wait until help arrives. If you or anyone else involved in the accident sustained injuries, medical personnel can transport you to a local hospital. When the responding police officer arrives, they will be able to evaluate the scene and write a report. A police report can be used as evidence to support your claim.
Seek medical attention – Due to their enormous size and weight, accidents involving trucks usually result in serious and life-changing injuries. It’s not uncommon to suffer injuries after this type of accident. If you fail to seek medical attention, you can significantly impact any compensation you may be entitled to receive.
Collect evidence pertaining to the accident – Truck accident cases consist of numerous details that must be reviewed to determine who is at fault and if any compensation should be awarded. Evidence is an important factor when building an accident case. This can include photographs of the accident scene and your injuries, copies of your medical records and medical expenses, and the police report.
Contact an attorney – Filing a truck accident claim is complicated and time-consuming. To make matters more challenging, you’ll be forced to deal with physical and financial hardships while you recover from your injuries and losses. Due to the complexity of truck accident cases, it’s beneficial to speak with an experienced attorney who can handle the investigation and other legal aspects.
Implementing these suggestions may help protect your legal rights and any compensation you are rightfully owed. Keep in mind that every truck accident case is unique, and the results of your claim will depend on the specific circumstances of your situation.
The Differences Between Truck Accidents and Regular Motor Vehicle Accidents
Truck accidents and regular motor vehicle accidents can both result in devastating injuries, however, truck accidents tend to cause more significant damage. Therefore, the legal process for these cases is different and often strenuous. Below are the major differences between truck and automobile accidents:
More severe injuries
Although car accidents can result in injuries, trucking accidents are more likely to cause severe damage due to their large size and weight. These oversized trucks can weigh up to 80,000 pounds while regular size vehicles only weigh around 3,000 to 4,000 pounds. Brain injuries, broken or fractured bones, severe burns, spinal cord injuries, and permanent disabilities are common among truck accident victims. The number of fatalities is also higher in this type of accident.
Higher medical expenses
The extent of the accident and the severity of your injuries will impact the medical treatment you need to recover. If your injuries require extensive surgeries and/or occupational therapy, medical bills can become increasingly high.
Larger insurance policies
To account for the significant damage they can do, trucking companies usually have much higher insurance policies compared to automobile drivers. These insurance policies are often worth millions of dollars.
While trucking companies carry larger policies, their insurance carriers will likely do everything they can to avoid paying you money.
The Federal Motor Carrier Safety Administration (FMCSA) has certain regulations that truck drivers and trucking companies must follow. For example, truckers are required to have proper training, keep logbooks, and complete inspections on their truck. Yet, these regulations are sometimes ignored, leading to serious injuries.
Extensive property damage
Property damage after a trucking collision is, oftentimes, significant and costly.
Who Is Held Legally Responsible in a Truck Accident?
In order to seek compensation, it must be proven that the other party acted negligently. In some cases, multiple parties may be held responsible, however, you must prove that your injuries were directly caused by the negligent actions of the other party or parties involved. Some of the parties that may be held liable include:
- The truck driver
- The manufacturing company of the truck
- The trucking company
- The shipper and/or loader of cargo
- Owner of the truck
Fault can be difficult to determine in some commercial truck accident cases, which is why seeking legal guidance is in your best interest.
Statute of Limitations Laws in Indiana
Every state has laws, known as statutes of limitations, governing cases such as truck accidents. Those injured in a truck accident have a set time to file a lawsuit to seek compensation for damages. In the state of Indiana, an injured victim has two years after the accident to file. If they fail to file by this strict deadline, they may miss their opportunity to receive any compensation.
To ensure you’re aware of important laws, such as the statute of limitations, that may affect your case, it’s important to speak with an attorney. Our team is familiar with the statute of limitations laws and can help you file in the appropriate amount of time.
What Can Compensation Cover?
After a truck accident, compensation may be available for damages. The amount of compensation you are owed is determined by the unique circumstances of your case. Compensation can include the following:
Treatment may require you to spend time away from work, causing your monthly income to be reduced significantly. Compensation may account for lost wages due to your injuries.
Current and future medical treatment
In some cases, injuries may require months of ongoing treatment. Compensation can help cover current and future medical expenses.
Loss of earning capacity
If your injuries prevent you from earning a living, you may be able to seek compensation for lost earning capacity. However, you must be able to prove how your injuries impact your ability to work.
Since trucking accidents are often severe, many victims die as a result of their injuries. If you lost a loved one in a commercial truck accident, you may be able to recover compensation for your loss. Our legal team can help you receive the amount you are rightfully owed.
Preserve Your Legal Rights
As a victim of another’s negligence, you have rights that are protected by law. However, you must take immediate action to uphold those rights. Contacting an experienced truck accident lawyer as soon as possible will allow a proper investigation to take place before any evidence disappears. If you wait too long, you will be surprised at what rights you may lose. Don’t take any chances. Call Ken Nunn NOW!
We don’t back down when standing up to big corporations and their insurance companies. We strive to get the maximum compensation, so that you can take care of your medical and repair costs. Our passionate legal team wants you to have peace of mind in knowing that you will be taken care of after you have suffered a loss due to a negligent truck driver or company.
Hurt in a Semi-Truck Accident in Indiana? Call Ken Nunn!
We are fighters for the people through and through — and you need a fighter on your side if you want to win the compensation that you deserve. If you have been severely injured in a truck accident, you may be entitled to money for pain and suffering, lost wages, medical expenses, permanent injury, scarring and disfigurement, and other losses.
We understand that you may have numerous questions and concerns about your case. If you or a loved one was injured in a truck accident, don’t hesitate to contact our law firm. The initial consultation is FREE. Our semi-truck accident lawyers can be reached by calling 1-800-CALL-KEN. You do not need any money at all to hire us. There are never any fees unless we get money for you. If we fail to win, you do not owe us anything!