According to Indiana University Public Policy Institute reports, there were around 175,821 truck accidents reported in 2020. Out of which, 8% of them (14,221) involved commercial vehicles. Moreover, around 90% of them were large trucks that met with accidents.
If you or your loved ones have been met with such an accident and you’re unsure how to prove it, then you need to hire the best truck accident attorney in Indianapolis or where you live. In this article, we will dive into every important detail that you need to know.
What Negligence Means in a Truck Accident?
The first thing you need to understand is the definition of negligence. In order to file a truck accident lawsuit, you will have to prove that the other driver was negligent.
In simple words, negligence means carelessness. It can also be defined as an act or omission where a reasonable person would’ve known that it could cause foreseeable harm to another person.
For example, if a truck driver is texting while driving and hits another vehicle, then it can be considered negligence.
The Common Causes of Truck Accidents
Now that you know what negligence is, let’s take a look at the common causes of truck accidents.
1. Distracted Driving
The most common cause of truck accidents is distracted driving and it’s significantly dangerous. This can include texting to eating while driving and thus it’s important for truck drivers to be focused on the road at all times.
Another common cause of truck accidents is fatigue, as truck drivers often have to drive for long hours. This reason can lead to drivers falling asleep at the wheel which can be very treacherous. Higher fatigue can lead to poorer decision-making, slower reflexes, and impaired judgment.
Speeding among trucks is also one of the leading causes of commercial vehicle accidents. When a truck is speeding, it becomes harder to stop and this can lead to serious accidents. Overspeeding has become a major problem on highways as it’s very dangerous.
4. Poor Weather Conditions
Poor weather conditions can also lead to truck accidents because it can be harder to see and stop the truck in time. This is why it’s important for truck drivers to drive slowly in bad weather conditions. Moreover, they should also avoid driving in bad weather conditions if possible.
5. Poor Road Conditions
Poor road conditions can also lead to truck accidents and this can include anything from potholes to debris on the road. It’s important for truck drivers to be aware of road conditions and drive accordingly.
Hiring a renowned truck accident lawyer in Indianapolis can help you get the maximum compensation you deserve. They understand the law and will fight to get you the best possible outcome.
Types of Negligence in Truck Accidents
There are different types of negligence that can be proven in a truck accident case; let’s take a look at the primary ones.
1. Negligent Hiring
This is one of the most common types of negligence in a truck accident case. It occurs when the trucking company hires an inexperienced or unqualified driver. It’s the trucking company’s responsibility to check the driver’s background and make sure that they’re qualified to drive a commercial truck.
2. Negligent Maintenance
This type of negligence occurs when the trucking company doesn’t properly maintain the trucks. This can lead to different problems such as brakes not working properly, tire blowouts, etc. It’s also the trucking company’s responsibility to perform regular maintenance on the trucks.
3. Driving Under the Influence
Driving under the influence is another type of negligence that can be proven in a truck accident case. This includes drugs as well as alcohol and it can be very dangerous. It’s important for truck drivers to avoid driving under the influence at all costs.
Whatever the scenario is, it’s always advised to hire a top-rated Indiana truck accident attorney to get the maximum compensation you deserve.
Details Needed to Establish Negligence in a Truck Accident
Now that you know the different types of negligence, let’s take a look at what you need to prove negligence in a truck accident claim.
1. The Duty of Care
The first thing you need to establish is the duty of care. This means that the truck driver had a responsibility to drive safely and take precautions to avoid an accident. Moreover, the trucking company also has a responsibility to maintain the trucks and hire qualified drivers.
2. The Breach of Duty
The next thing you need to establish is the breach of duty. This means that the truck driver failed to fulfill their duty of care and take precautions to avoid an accident. Your attorney will use different evidence such as the police report, eyewitness testimony, etc.
3. The Causation
The third thing you need to establish is causation. This means that the truck driver’s negligence was the cause of the accident. Your attorney will help you prove this using different evidence such as medical records, accident reconstruction, etc.
4. The Damages
The fourth thing you need to establish is the damages. This means that you suffered injuries or losses due to the truck accident. In this case, the professional help of an experienced attorney is essential to help you get the maximum compensation you deserve.
Keep in mind that these are just some of the things you need to prove negligence in a truck accident. Your Indiana truck accident lawyer will help you gather the necessary evidence and build a strong case to get the maximum compensation.
Damages You Can Claim from the Negligent Party
If you’ve been involved in a truck accident, you may be wondering what type of damages you can claim from the negligent party. Here are some of the most common damages you can claim in a truck accident:
1. Medical Expenses
One of the first things you can claim is your medical expenses and this includes anything from your hospital bills to your rehabilitation costs. Your attorney will help you calculate all of your past and future medical expenses.
2. Lost Wages
You can also claim lost wages if you’ve missed work due to your injuries. This includes any lost income, benefits, bonuses, etc. Your attorney will help you get all of your lost wages by working with your employer.
3. Pain and Suffering
You can also claim pain and suffering damages. This is non-economic damage that compensates you for the physical and emotional anguish you’ve suffered due to the accident. Your attorney will help you determine the value of your pain and suffering damages.
4. Loss of Consortium
If your spouse has been injured in a truck accident, you can also file a loss of consortium claim. This compensates you for the loss of companionship, love, and support you’ve suffered due to your spouse’s injuries.
5. Punitive Damages
In some cases, you may also be able to claim punitive damages. This is a type of damage that punishes the negligent party for their reckless or intentional behavior. Your Indianapolis truck accident attorney or where you live will help you determine if you’re eligible to claim punitive damages.
Hire The Best Indiana Truck Accident Lawyer Now!
Karpe Litigation Group has the best truck accident lawyers in Indiana who have extensive experience handling truck accident cases. We will guide you through every step of the process and help you get the maximum compensation you deserve.
We’re committed to getting justice for our clients and we will fight for you. With us by your side, you can focus on your recovery while we handle everything else. Whether you’re dealing with insurance companies or going to court, we will be there with you every step of the way.
If you’ve been involved in a truck accident, it’s important to know that you have options. You may be able to file a personal injury claim to get the compensation you deserve. Hiring an experienced Indianapolis truck accident lawyer is the best way to ensure that your rights are protected and that you get the maximum compensation.
Frequently Asked Questions
1. What should I do if I’ve been involved in a truck accident?
2. How long do I have to file a personal injury claim?
In Indiana, you have two years from the date of the accident to file a personal injury claim. This is known as the statute of limitations. If you don’t file your claim within this time frame, you will be barred from doing so.
3. How much is my case worth?
The value of your case will depend on a number of factors, including the severity of your injuries, the cost of your medical bills, and the number of lost wages you’ve incurred. Your Indianapolis truck accident lawyer will be able to give you a better estimate of your case’s value once they’ve had a chance to review all of the evidence.
4. What if the other driver doesn’t have insurance?
If the other driver doesn’t have insurance, you may still be able to get compensation through your own insurance policy. You should contact your insurance company to see if you have coverage for uninsured motorists.
5. What if the other driver was under the influence of drugs or alcohol?
If the other driver was under the influence of drugs or alcohol, you may be able to file a personal injury claim against them.
6. Where can I get more information about truck accident legal services?