As you drive through any big city, it is pretty much inevitable that you will encounter many trucks on your ride. All sorts of trucks spend a lot of time traveling the roads of Indianapolis, including big rigs, delivery trucks, pickups, dump trucks, garbage trucks, tankers, flatbeds, and tractor-trailers. However, with so many large commercial vehicles sharing the roads with smaller passenger vehicles, accidents sometimes occur, which can lead to life-altering and fatal injuries.
If a trucking crash injured you or a family member, you might be able to collect financial compensation in a personal injury legal claim. An Indianapolis truck accident lawyer could help your family come up with a plan with action.
The key differences between truck and car accidents are the level of regulation and the parties involved. Truck drivers must follow strict federal regulations that limit their hours on the road. They must also adhere to rules about load handling. If a truck driver violates these rules, it complicates the case by adding more parties, such as the trucking company or the cargo loader.
In addition, truck accident investigations typically take more time and resources. A lawyer needs to track driver logs and check vehicle maintenance records. Sometimes, they must even investigate the loading process. When someone has been involved in a crash, an Indianapolis attorney familiar with truck collision cases is essential. They help gather critical information and ensure the plaintiff receives as much compensation as possible.
Another significant difference is that handling truck accident claims requires an understanding of both state and federal regulations. Usually, car accidents will only involve state law.
Following a truck accident in Indianapolis, it is very important to speak to an experienced lawyer as soon as possible. Accidents involving trucks are handled much differently than typical automobile cases. Because trucks are so highly regulated due to safety reasons, it is important to begin a thorough investigation as quickly as possible and a lawyer will be in the best position to protect a person’s interests.
Semi-truck crashes can occur in a variety of ways, including at intersections or due to following too closely, as happens with many passenger vehicle crashes. However, because these cases involve commercial vehicles and professional drivers, there may be additional causes.
For example, truck drivers may be breaking the law by carrying too large of a load, or carrying a product or substance they are forbidden from carrying. Drivers might also be on the road for too many hours, which is prohibited by federal law.
Because of the difference in size between a commercial truck and a passenger automobile, the impact between the vehicles is disproportionate. The driver or passenger in the smaller vehicle will bear the brunt of the collision.
Common injuries that a lawyer sees in these cases include broken bones, concussion injuries, as well as injuries to the back and neck. In addition to speaking to a lawyer, it is crucial to receive proper medical attention following these incidents, which also serves the legal purpose of providing a record of the extent of damage.
Before hiring legal help in Indianapolis after a truck collision, it is imperative to confirm the team has sufficient experience to take on the case. Here is what to ask:
Asking these questions will help determine whether the lawyer is suitable for handling a truck accident claim.
Unlike most motor vehicle accidents, truck accident claims are handled a little differently. Most trucking companies will handle claims within the company. They may have large insurance policies which do not come into effect unless the injuries are substantial.
For this reason, the claims examiner with the trucking company will do everything possible to minimize the settlement offer. When dealing with typical car accidents, lawyers will negotiate with insurance adjusters. While there may be an insurance adjuster in a truck accident case in Indy, claims are frequently handled directly by the trucking company.
Proving liability involves showing negligence. What does that mean? McCready’s legal team must prove that a party failed to meet the standard of care required, and the standard of care is the minimum amount of due diligence. For example, the truck driver may have ignored safety regulations. This would demonstrate they did not respect their legal standard of care. Alternatively, the trucking company could have ignored failing brakes on the truck, or perhaps the cargo company loaded the truck incorrectly and caused an unbalanced weight distribution.
Legal responsibility can extend to multiple parties. This includes the truck driver, the trucking company, the truck manufacturer, and third-party contractors. Even specific auto parts manufacturers or tire manufacturers have been found responsible for collisions. Here is what an Indianapolis truck crash attorney looks for:
The right lawyer knows how to find and analyze this information to determine who is at fault. Winning the case depends on proving the specific elements of negligence.
After a trucking wreck, people need to check themselves for injuries and see if their passengers or any other drivers or passengers suffered harm. They should call for an ambulance if anyone appears to be hurt. Even if they have no visible wounds, people in a crash should receive a medical evaluation because some injuries, such as concussions, might not be immediately apparent.
In addition to receiving medical help, crash survivors should also report the accident to the police. If they are physically and emotionally well enough, they should try to gather as much information about the crash as possible. As with every other type of motor vehicle accident, they should exchange contact information with all other drivers. In a trucking crash, accident survivors should also make sure to get the trucking company’s name and contact information. In addition to getting the truck’s license plate number, they should look for other important information about the truck, such as its registration number, insurance information, and its model, make, and year.
Accident survivors should try to get contact information from any witnesses and take as many pictures as possible, making sure to take photographs of anything relevant to the crash, such as the damage to the vehicles, road conditions, weather conditions, and skid marks.
Although collecting this information can make a difference if an accident survivor or family decides to pursue legal action, it is not essential to do so in the immediate aftermath. If an accident survivor is unable to gather information at the scene of the crash, they should not give up hope. Instead, they should turn to a seasoned legal team. A dedicated Indianapolis truck collision lawyer could skillfully examine the evidence from the crash to learn how and why it happened, and who is at fault.
Determining who is at fault is relatively straightforward in most automobile accidents. Establishing legal liability is more complicated in trucking crashes. Often, more than one party bears partial responsibility. As with most motor vehicle wrecks, the driver is frequently at fault due to driving mistakes, such as distracted driving, drunk driving, speeding, or other negligent or reckless errors.
The trucking company that employed the at-fault driver could be responsible for their driver’s mistakes, as well as for failing to maintain their vehicle or forcing their driver to stick to an unrealistic schedule. Alternatively, the manufacturer of faulty truck parts could be liable, as could the company that loaded the cargo onto the truck.
A hardworking attorney could help identify the responsible parties and pursue justice for what they have lost.
Crashes involving large commercial vehicles almost always cause devastating injuries. Due to their large size, trucks can cause immense harm to people on the ground or in other smaller vehicles.
A seasoned Indianapolis truck accident lawyer could help you by taking charge of your legal claim, allowing you to work on healing, both physically and emotionally. Speak to the legal team today and let them work to obtain you some level of justice and peace of mind.