Indiana personal injury law allows truck accident victims to obtain compensation from the negligent party. While many get compensation from the at-fault party’s insurer, some receive low-ball offers.
Many insurers and trucking companies do everything possible to minimize payouts to injured victims. A truck accident lawsuit allows an injured victim to enforce their rights through a court.
Although insurers and trucking companies have substantial financial resources, parties to a lawsuit are equal in the eyes of the law. When you litigate your case in court, you have the opportunity to convince a judge or jury to award a specific judgment amount.
Consult a truck accident attorney in Indiana with litigation experience who can advise you on proper timings when filing a lawsuit.
In a truck accident lawsuit, you can obtain three main types of damages: economic, non-economic, and punitive.
Economic damages are the financial losses a truck accident victim sustains from injury. There is a direct dollar value for monetary damages. They make up a significant proportion of the settlement value in a truck accident lawsuit.
Some of the losses included in economic damages:
Non-economic damages compensate an injured victim for other intangible losses resulting from the injury. You can obtain varying forms of non-economic damages depending on the facts and circumstances of your case.
Examples of non-economic damages include:
A court or a jury can award punitive and compensatory damages in a truck accident lawsuit. As the name suggests, punitive damages punish serious or egregious misconduct from the defendant.
They also act as deterrents to prevent the defendant and others from engaging in similar misconduct.
Here are the key steps when filing a truck accident lawsuit:
Hiring a truck accident attorney is the first step for a lawsuit. More importantly, you should hire an attorney representing people involved in accidents with large commercial trucks or semi-trucks.
The attorney will offer direction and legal advice throughout the lawsuit. Most importantly, a truck accident attorney adheres to legal timelines, including the Indiana statute of limitations.
You must demonstrate to the court how the accident occurred and the link between the injury and the other driver’s negligence. A truck accident attorney has to collect and analyze evidence such as medical records and police accident reports.
Lastly, an attorney should establish fault and determine the extent of injuries.
An attorney drafts and sends a demand letter to the insurer or trucking company. The letter lists the damages from the accident, settlement value, and intention to sue.
The at-fault party can react by initiating settlement negotiations. Alternatively, you can commence the lawsuit if the defendant doesn’t respond within the timelines of the demand letter.
Truck accident attorneys are negotiators with experience dealing with insurance adjusters. They use their legal knowledge in evaluating offers and negotiating a settlement that matches your losses.
The case goes to a trial if you can’t agree on a settlement.
Each truck accident is unique, making it difficult to estimate the completion timelines. Generally, the case takes several months to a few years to complete.
The timelines for completing a truck accident lawsuit depend on several factors, including:
The other driver is primarily liable for injury-related losses in car accident claims. In commercial vehicle accidents, the truck driver is mainly liable for the accident-related losses, but the truck driver’s employer is equally liable. Other parties besides the driver may be liable for the truck accident.
For instance, a truck owner may be financially liable for the losses if the accident occurred because of a mechanical problem. Alternatively, the truck manufacturer may be liable for loss if a design defect contributed to the accident.
In addition, commercial vehicles operate under strict regulations, including driver regulations and vehicle maintenance. Compliance with set standards is crucial, as violations are likely to influence the outcome of a truck accident claim.
If you have been injured as a result of a truck accident, you can make a claim or file a lawsuit for your damages. You can enhance your chances of success by working with an experienced attorney who will compile evidence and make solid arguments in court.
Blackburn Romey is a trusted truck accident law firm with decades of experience litigating claims for injured victims.
Contact us online or at 833-274-3533 for a free, confidential consultation.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
