Frequently Asked Questions About Truck and Semi Accidents in Indiana

Navigating the aftermath of a truck accident can be overwhelming. Here at Barsumian Armiger Injury Lawyers, we understand the complexities involved in these cases. Below are some frequently asked questions about truck accidents in Indiana, designed to provide you with the information you need to take the next steps after an accident.

1. What Should I Do Immediately After a Truck Accident in Indiana?

Ensure Safety: If possible, move to a safe location away from traffic. Check for injuries to yourself and others.

Call for Help: Contact emergency services immediately. Even if injuries seem minor, some can manifest later.

Document the Scene: Take photos of the accident scene, including all vehicles involved, road conditions, and any visible injuries or damages.

Exchange Information: Gather details from all parties involved, including the truck driver, any witnesses, and the trucking company if identifiable.

Do Not Admit Fault: Avoid discussing the accident details with anyone other than law enforcement and your lawyer.

Seek Medical Attention: Go to the hospital or see a doctor even if you feel fine; some injuries aren’t immediately apparent.

Report the Accident: File a police report. This document is crucial for legal proceedings.

Contact a Lawyer: Truck accident cases can be complex due to federal regulations and multiple parties. Calling a lawyer early can help protect your rights.

2. Can I File a Claim and Make a Recovery if I Was Partly at Fault for the Accident?

Yes, under Indiana’s comparative fault law, you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you’re found to be 30% at fault, you could recover 70% of your damages. It’s vital to have legal representation to navigate these nuances and ensure your case is presented accurately.

3. Who Can Be Held Liable in a Truck Accident?

Liability in truck accidents can be multifaceted because many parties might be involved:

Truck Driver: For negligence like speeding, distracted driving, or driving under the influence.

Trucking Company: If they failed in hiring practices, training, or maintenance of the vehicle.

Vehicle Manufacturer: If a defect in the truck contributed to the accident.

Broker: A broker can be held liable if they fail to exercise reasonable care in selecting a carrier, such as hiring an unsafe trucking company or neglecting to verify credentials;this is often referred to as “negligent hiring.”.

Cargo Loaders: If improper loading caused an accident.

Maintenance Companies: If poor maintenance led to vehicle failure.

Government Entities: For road defects or inadequate signage.

Determining liability requires a thorough investigation, often involving expert witnesses and legal expertise.

4. What Types of Damages Can I Recover in a Truck Accident Case in Indiana?

Economic Damages: Medical expenses, lost wages, repair or replacement costs for property, and future earning capacity if the injuries prevent you from working.

Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Punitive Damages: In cases of egregious misconduct, like drunk driving or gross negligence, punitive damages might be awarded to punish the defendant and deter similar conduct.

Wrongful Death Damages: If the accident resulted in a fatality, survivors can claim for funeral expenses, last medical expenses, loss of companionship, and more.

5. How Long Do I Have to File a Lawsuit After a Truck Accident in Indiana?

In Indiana, the statute of limitations for personal injury lawsuits, including those from truck accidents, is generally two years from the date of the accident. However, this can vary if the case involves government entities, which will require an earlier notice be served, or specific circumstances. It’s crucial to consult with an attorney promptly to ensure you don’t miss this deadline.

6. What Makes Truck Accident Cases Different from Regular Car Accidents?

Regulatory Oversight: Trucks are subject to federal regulations by the Federal Motor Carrier Safety Administration (FMCSA), which includes hours-of-service rules, vehicle maintenance standards, and driver qualifications.

Multiple Parties Involved: Unlike typical car accidents, truck accidents often involve the driver, the company, possibly the manufacturer, and more.

Complex Evidence: This includes black box data, driver logs, maintenance records, and compliance with safety regulations.

Potential for Greater Damage: Due to the size and weight of trucks, accidents often result in more severe injuries or damages, which can complicate claims for compensation.

Insurance and Litigation: Trucking companies typically have higher insurance limits, but the process to claim against these can be more complex and contentious.

7. What if the Truck Driver was an Independent Contractor?

Even if a truck driver is an independent contractor, the company they’re contracted with can still be liable if they exerted control over the driver’s operations or if they failed to ensure the driver complied with necessary regulations. The distinction between employee and contractor can affect how liability is assessed, but both scenarios have pathways to pursue compensation.

8. How Can a Lawyer Help Me With My Truck Accident Case?

Investigation: Conducting a thorough investigation to gather evidence like truck logs, maintenance records, and witness statements.

Legal Strategy: Formulating a strategy that considers all potentially liable parties and leverages laws like the FMCSA regulations.

Negotiation: Handling negotiations with insurance companies who often aim to minimize payouts.

Litigation: Representing you in court if a fair settlement isn’t reached, including managing complex legal procedures.

Expert Coordination: Working with accident reconstruction experts, medical professionals, and financial analysts to build a strong case.

Compassionate Support: Guiding you through the legal process while you focus on recovery, providing emotional support and understanding.

9. What if I Was Injured by a Truck’s Cargo Spill?

If your injuries were due to a cargo spill, you might have a claim against the truck driver, the company responsible for loading the cargo, or the trucking company if they knew or should have known about the improper securing of cargo. Documentation, like photos of the spill and any packaging, can be crucial here.

10. Is There a Cap on Damages in Truck Accident Cases in Indiana?

Indiana does not impose a statutory cap on compensatory damages for personal injury in general. However, in cases involving governmental entities, the wrongful death of an adult without dependents, or punitive damages, monetary awards can be capped and reduced by statute and common law limits prohibiting excessive recovery.

Conclusion

Truck accidents in Indiana involve unique legal challenges due to the complexity of regulations, the potential for multiple defendants, and the nature of the damages incurred. At Barsumian Armiger Injury Lawyers, we are committed to helping you navigate these challenges. If you or a loved one has been involved in a truck accident, don’t hesitate to reach out for a free consultation at 844-268-7775. Together, we can work towards securing the justice and compensation you deserve.