Can I Sue if I Was Hit by a Semi Truck in Indiana?

Truck drivers are charged with hauling important cargo across the state and the country. When these trucks cause accidents, many other drivers on the road might be seriously injured.

If a semi truck hits you in Indiana, you can often file a lawsuit for your injuries. A truck accident likely falls under the broad legal umbrella of personal injury lawsuits. In most personal injury lawsuits, you must prove the defendant’s negligence caused the accident and your injuries. An attorney can help you draft and file your complaint with the right court, gather important evidence, and assess damages. Depending on your case, you might be able to reach a favorable settlement agreement instead of pursuing a full trial. Generally, you can sue the truck driver for the accident. In some cases, you can also sue other parties, like the truck driver’s employer.

If you were injured in an accident with a semi truck, our Indiana truck accident attorneys can help you hold the trucker and possibly others responsible for the damage they caused. For a free case review, call Wruck Paupore at (219) 322-1166.

Legal Options After Being Hit by a Semi truck in Indiana

After being hit by a semi truck, it is crucial that you speak to an attorney about your legal options. Depending on how the accident happened, you might be able to get a significant damages award to cover your various expenses. Our Indianapolis truck accident lawyers can help you decide the best course of action.

After a semi truck accident, you can file a lawsuit against the person or people responsible. Lawsuits involve filing important paperwork, gathering evidence, developing legal strategies, and presenting your case to a judge and jury. Lawsuits are significant undertakings, but you should not be intimidated or dismayed. A lawsuit is a good way for you to hold the defendant accountable for their grievous actions and get compensation.

When pursuing a lawsuit, many plaintiffs and their attorneys will also prepare for a settlement. A settlement is an agreement where the defendant pays the plaintiff’s damages. In exchange, the plaintiff agrees to drop the lawsuit and waive their right to file the lawsuit. Ideally, a settlement should save you time and money by avoiding a trial and getting compensation faster.

How Do I Sue After Being Hit by a Semi Truck in Indiana?

People often talk about filing a lawsuit as if you simply must drop off a letter at the court, and suddenly you have a lawsuit on your hands. While you do have to file documents with the court, a lot of preparation and work goes into a lawsuit before it is filed. Our experienced South Bend truck accident attorneys can help you prepare your lawsuit and pave the way for a successful outcome.

Filing the Complaint

Filing your lawsuit for a truck accident begins with a complaint. The complaint is a formal document that contains crucial information about your case, including details about yourself, the defendant, the truck accident, and your damages. Even simple details like the defendant’s name and address are so important that the complaint might be considered incomplete without them.

You also need enough details and evidence from the truck accident to prove that it is necessary to allow the case to move forward. This means having at least some evidence to show that a cause of action exists. However, this does not mean you must present all possible evidence in the complaint. You must also show some proof of your injuries and damages and explain what kind of relief (i.e., compensation) you want from the court.

Gathering Evidence

As mentioned above, you need evidence to file your complaint and start your lawsuit. Our Fort Wayne truck accident attorneys know what kind of evidence to look for and where you are likely to find it.

A lot of important evidence will come directly from the truck accident scene. For example, physical evidence (e.g., your vehicle, tire skid marks, the damaged truck) can shed light on how the accident happened, the direction from which your vehicle was hit, rates of speed, and more. If physical evidence is very large, photographs and videos of the evidence may be admitted as evidence instead.

Witness testimony is also important to your case. Other drivers, passengers, or passersby can testify in court about what they saw. Not all witnesses need to have seen the accident unfold. For example, a witness might not have seen the accident firsthand, but they can testify that they saw the truck driver drinking before getting on the road the day of the crash.

Determining Damages

You and your lawyer must sit down and determine the extent of your damages before filing the lawsuit. Many damages are economic in nature and include financial expenses like medical bills or lost wages from missing work because of your injuries. Other damages are non-economic and far more subjective. Pain and suffering are commonly claimed as non-economic damages. Their overall value is based on how significantly they impact your life and the level to which they hinder daily functioning.

Knowing the full extent of your damages before our Hammond truck accident attorneys file your case is important because if any damages are mistakenly left out or overlooked, they might be lost forever. It is not always possible to amend complaints to include forgotten damages. When it is possible, it might not be easy and could cost you precious time and effort.

Who Can I Sue for a Semi Truck Accident in Indiana?

When suing for a truck accident, you must know who the defendant is. While many plaintiffs know exactly who the defendant is because they exchanged information at the crash site, others are not so lucky. Sometimes drivers flee the scene or refuse to identify themselves out of fear of repercussions. In such cases, our Indiana truck accident attorneys can help you identify the defendant and start your case.

Many truck accident lawsuits are filed against the truck drivers that caused the accident. Truck drivers owe a duty of care to drive with reasonable safety under the circumstances and to follow traffic laws. When truckers breach this duty, they may be deemed negligent, and if their negligence is the direct cause of the accident, they can be held liable.

You might also sue the trucker’s employer. Trucking companies can be held vicariously liable for their employee’s negligence. If the truck driver was on-duty at the time of the accident and performing work substantially in service to their employer, their employer can be held liable for the accident. If the truck driver was off-duty or running unauthorized errands, their employer might not be liable.

Call Our Indiana Truck Accident Lawyers for Assistance

A truck accident can be severe, and you have the option to file a lawsuit for your injuries and damages. Our Milwaukee truck accident lawyers can help you get compensation for your numerous losses. For a free case assessment, call Wruck Paupore at (219) 322-1166.