While Indiana may not be leading the nation regarding the most truck accidents per state, its crash statistics involving truck drivers are pretty concerning. The report released by the Indiana University Public Policy Institute shows that, in 2020, Indiana saw 175,821 collisions. Of these crashes, 8%, roughly 14,221, involved commercial vehicles. And approximately 90% of these commercial vehicles were large trucks.
Most truck accidents in Indiana are due to truck drivers acting negligently. This means they are liable for any injuries or damages caused by these accidents. Well, if you are involved in a truck accident in Indiana, it is recommended that you take your time to understand the legal process.
This makes it easy to file a claim and receive compensation for the expenses and losses incurred due to the accident. The following is the legal process to have in mind.
Table of Contents
1. Seek Immediate Medical Attention
The first step you must take after a truck accident in Indiana is to get medical attention. It would be best to contact the police and exchange contacts and insurance details with the truck driver. Another thing you need to do is take photos of your injuries and the accident scene.
Plus, if there were eyewitnesses, ensure you get their contact details and names. That is because your truck accident attorney may need to obtain their testimony or statements when seeking compensation on your behalf.
2. Enlist the Services of a Truck Accident Lawyer
Once a medical professional has examined you, it is time to find a truck accident lawyer in Gary if you are from here, in Indianapolis, Fort Wayne, etc. The point is getting a law firm from your state to manage your legal case.
The Indiana law states that the statute of limitations for personal injury claims that arise from truck accidents gives you, the injured victim of negligence, a couple of years to start the legal process.
However, it would be best if you did not wait this long. That is because your attorney has to review the evidence while it is fresh. They also need to speak with eyewitnesses as soon as possible. Speaking with eyewitnesses early enough will help your lawyer make accurate accounts of what happened on that day.
The Indiana law states that motorists are liable for injuries and other damages if they act negligently and cause an accident. This means the truck accident attorney needs to show who is liable and what led to the accident.
But how exactly does the lawyer prove liability and fault in a truck accident case in Indiana?
First, the lawyer launches an investigation to determine who is at fault. They often do this as soon as possible because the more time passes, the likelier it is for evidence to disappear.
As part of the investigation, the lawyer will do the following:
- Interview witnesses
- Contact accident reconstruction specialists to clearly understand what exactly happened
- Look for any available video of the accident
- Visit and then take pictures of the accident scene
- Ask for a police report
- Recover information and evidence that the trucking company is holding, such as the truck’s computer data or driver’s logs.
Once the lawyer has this information, they can determine who is at fault. From here, they will build a strong argument to ensure you are compensated for everything, from direct property expenses to emotional losses.
Apart from carelessness and recklessness, a truck driver and trucking company may misbehave in other ways and cause an accident. For example, they drove for an extended period without taking a break.
Other ways a truck driver can misbehave and lead to an accident are failing to complete pre-trip inspections, following applicable weight restrictions, and properly securing their load. However, unlike carelessness and recklessness, these other cases are more complex since the driver is not the only individual at fault.
If this is the case, your truck accident lawyer in Indiana will file a lawsuit or claim against the trucking company. Again, the company will be held vicariously liable for the negligent actions of the truck driver, who, in this case, is their employee.
3. Send a Personal Injury Demand Letter
Your truck accident attorney in Indiana has investigated and collected evidence, including reviewing all your medical records, doctor’s visits, lifestyle changes, etc. Now, you will move to the next step, which is to draft and send a personal injury demand letter to the truck driver’s insurance company responsible for your injuries.
This letter is always very particular in notifying the insurance company of the amount of money the injured party will accept. It also outlines the terms under which the trucking company, the insurer, and the at-fault driver will be released from liability.
4. Proceed Toward Settlement or Go to Trial
The trucking company needs to make decisions once they receive the demand letter from your lawyer. First, they will examine the evidence before them and build their argument. Depending on the circumstances, their insurance company may make any of the following decisions:
- Negotiate the terms and come up with a counteroffer. Negotiations will likely take a while, going back and forth, before both parties reach an agreement. In Indiana, these negotiations are particularly difficult since the state operates with the modified comparative negligence doctrine. However, once an agreement is reached, both parties will proceed with the settlement.
- Accept the demands tabled by your attorney and then move forward with the settlement outside the court.
- Go to the court, which mostly happens if a deal cannot be reached.
5. File a Lawsuit
Your case is highly unlikely to reach this step. That is because most truck accident cases in Indiana are settled outside court. However, the case is sometimes settled early in the process if some steps are made.
The first one is after filing a legal complaint with the appropriate courts, where the facts and claims of your case are clearly outlined. The second is the discovery process, which starts after all parties exchange questionnaires and legal details, conduct depositions, and request documents outside of court.
If these procedures fail to bear fruit, a jury or judge in Indiana will determine how much you should receive from the truck accident claim.
Conclusion
To increase your chances of receiving full compensation, you should work with an Indiana lawyer who has handled truck accidents before. Having legal representation is crucial for your future life. This is because such a lawyer knows exactly what it takes to prove who is at fault and ensure you receive the monetary amount you deserve.
