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.

2. Fatigue

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.

3. Speeding

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.

Wrapping Up!

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.

Every day, we travel, and one thing is certain. There is always a chance of a truck accident, regardless of how attentive we are, how well-maintained our vehicles are, or how good the road is. There is no one in charge of this. The best we can do is follow all safety instructions and be aware of what to do in the event of an accident.

Understanding the issues surrounding such accidents and potential compensation claims is essential, whether you are driving a truck or a truck driver runs into you. Nevertheless, everything hinges on your post-accident behavior.

For instance, connecting with the top truck accident attorney in Indianapolis, such as Karpe Litigation Group, is a healthy practice immediately after the truck accident. Our attorneys can help you get the right compensation and safeguard your rights in court. Contact us now!

However, running away from the accident site can backfire on the accident victims. Similarly, not contacting health experts after the accident can have long-term impacts on the victims.

So, everyone must know what you should and shouldn’t do following a truck accident. Here are some of the do’s and don’ts you should be aware of when involved in a truck accident, with a larger slant on the injured individual.

The Do’s

There are a few things you should remember if you are involved in a truck collision. Following a truck collision, you should take a few quick yet crucial actions. After the collision, Indianapolis’s truck accident lawyer knows what to do to make sure you receive the just compensation.

Here are some things that you should think about following an Indianapolis truck accident.

1. Seek medical attention right away

The most crucial legal piece of advice we can give is to get medical assistance. Truck accident victims must seek assistance right away. In times of stress, adrenaline’s potent effects help keep you alert. It can, however, also conceal discomfort and the warning indications of severe wounds. Make an appointment with your accident healthcare provider as soon as you can if you are not sent to a hospital by ambulance. Internal bleeding, whiplash, and brain damage may initially go unreported. Receiving quick medical attention could ultimately save your life.

Truck accident victims should also understand the importance of medical records for accident claims. Your medical history reveals the connection between the incident and your injuries and any potential financial recompense you may be owed for medical costs.

2. Try to gather related information from the accident scene

You could attempt to obtain information from the collision if no serious injuries were inflicted. Take pictures, record the license plates of the vehicles involved in the collision, and get the contact information of any witnesses.

In the event that you need to appear in court, this information becomes useful. When you have supporting documentation for the accident report the police will have made; you have a better chance of succeeding in your personal injury lawsuit.

3. File a police report

In the event that you collide with a truck, call the police right away. Law enforcement can assist to keep the truck accident scene under control and stop similar occurrences. They could also write a police report with the collision’s specifics.

A police report offers an important, objective viewpoint on the facts surrounding the collision that caused your injuries. An accident police report in Indianapolis is essential if you need to later submit an injury claim.

4. Exchange contact information with other people at the scene

It’s crucial to share information with any other drivers who may be there. Exchange names, license numbers, insurance data, and contact information with all parties if more than one person was involved in the collision.

If there are any witnesses present, also get their contact information. Their testimonies could bolster your compensation claim.

The Don’ts

Now that you know what to do after getting involved in a truck collision, it’s time to get informed of the don’ts. It’s equally important to remember what you should do and what you shouldn’t do following a truck accident.

Your ability to request financial restitution could be harmed by specific behaviors. Our Indiana truck accident attorney knows about the don’ts to keep in mind, based on the cases they handled in the past.

Let’s walk through what you shouldn’t do after meeting with a truck accident.

1. Don’t drive away

After a collision with a truck, you might feel completely unsteady. The worst action you can take is to flee the accident scene. Remain where the accident happened and make a call to the authorities. Your accident claim will suffer if you flee the scene, and you could face criminal prosecution.

2. Don’t sign anything

After a crash, you may be pressured to sign paperwork. Not at all. You can receive an initial payout from the insurance company for the trucking firm in exchange for signing a release. An immediate settlement proposal is probably substantially less than what you deserve.

By signing this agreement, you might be waiving your right to file a lawsuit against the trucking firm and insurer. Never sign or acknowledge anything provided to you by the trucking business or an insurer before seeing a knowledgeable truck accident lawyer.

3. Don’t accept any settlement offer

Insurance providers are commercial enterprises. Making a profit and limiting losses is essential to these businesses’ success. According to this concept, rapid, lowball proposals could be made in an effort to keep more money in the wallets of the insurers.

Never take a corporation upon its initial settlement proposal. Speak with a lawyer and allow them to bargain on your behalf to get you the compensation you are due.

4. Don’t miss your medical appointments

We’ve already informed you of how crucial it is to get medical help right away following an accident. It is equally crucial to keep seeking medical attention for your wounds. Keep all scheduled follow-up appointments.

Follow your doctor’s recommended course of action. The medical records you have are essential to your case. An insurance company may assert that your injuries are not as significant as you claim if you skip appointments or disregard your doctor’s recommendations.

Hire Karpe Litigation Group’s Truck Accident Lawyer Now!

Even while these suggestions will help you get off to a strong start, it’s always a good idea to speak with an experienced Indianapolis truck accident lawyer, especially if there has been a serious accident. Truck accident cases are frequently complex, and they frequently need witnesses, medical evidence, and a thorough understanding of negligence law to be successful.

Hire an Indianapolis truck accident attorney from Karpe Litigation Group now! In the event of an Indianapolis truck accident, a knowledgeable Indiana personal injury lawyer can assist you to obtain full compensation and defend your legal rights.

Call us or contact us online right now for a free introductory consultation. Our Indiana truck accident lawyer is prepared and eager to assist you because we believe that you deserve superior legal representation.

Conclusion

You must be aware of what to do and what not to do after an accident. The course and outcome of events following the accident are determined by your actions. After reading this article, you now understand what to do and what not to do in the event of a truck collision.