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Trucks, eighteen-wheelers, and big rigs are normal parts of traffic, but drivers should still exercise caution around them. In a collision, a large truck is capable of severe destruction. In such an accident, a lawyer can assist you in getting compensation from the responsible parties.
Determining the cause of the accident can help us figure out who to hold responsible and how to collect evidence. For example, if the truck driver fell asleep at the wheel, we might sue them, the trucking company that hired them, and demand to see driving logs to check when the trucker had last taken a rest. Other parties might also be responsible. If some trucking equipment fails or malfunctions, we might sue the manufacturer of the defective gear. Evidence can come from all over the place, so it is crucial that we cast a wide net. Cameras around the accident scene, witnesses, records, and more might all play a vital role in how we prove negligence. We also need evidence of your damages, including economic losses for things like medical bills and the psychological distress of the accident.
Contact Wruck Paupore for a free, confidential case assessment by calling our truck accident lawyers at (219) 322-1166.
Truckers are on the road for days or even weeks at a time. They often drive for hours on end with no breaks. However, truckers must stop and rest. Otherwise, they might become too tired and doze off while driving. If such a thing happens, the trucker might crash into other vehicles and cause a massive highway disaster.
If the truck was hauling a large trailer or flatbed, we should look into how the cargo was loaded. Cargo must be loaded in a specific way depending on its size and weight. If cargo is loaded improperly, it might be imbalanced and cause the trailer to swerve.
Equipment malfunctions are another common factor in many truck accident cases. Perhaps the trailer couplings attaching the trailer to the truck came undone. Maybe the underride bar malfunctioned, causing someone to become wedged under the truck. Maybe the cargo was secured, but the security equipment was faulty and fell apart. Our truck accident lawyers can help ensure the truck and its equipment are checked after the accident to see if anything is damaged or defective.
According to the statute of limitations under I.C. § 34-11-2-4(a)(1), you only have two years from the day of the collision to submit a civil injury claim in court. Numerous parties might be involved in the case, and it might take time to determine who should be held responsible and which legal strategies are most helpful to your case. Below are a few examples of possibly negligent parties in a truck accident.
Often, truckers are the primary defendants in truck accident cases. They are the ones behind the wheels of enormous vehicles speeding down the highways. Truckers bear a lot of responsibility. One wrong move and they might cause a severe accident.
Your lawyer can help you evaluate the truck driver’s behavior during the accident to see if they caused the crash. Perhaps the trucker was speeding at a dangerously high rate. Maybe they blew through a red light, crashing into other cars in an intersection. If there is evidence of trucker negligence, we will work to find it.
If we sue the trucker for the crash, we should consider including the trucking company as a defendant. Generally, an employer may be held responsible for injuries and damages caused by negligent employees acting in the normal scope of their work duties. This means that if a truck driver negligently caused a collision, they and their employer may be held liable.
It is often a good idea to include the trucking company if possible. While truckers should have insurance to help cover your damages, trucking companies tend to have more financial resources, and you stand a better chance of getting all the compensation you deserve.
Maybe the trucker was negligent, but another driver was negligent as well. Maybe the driver in front of the truck had to stop suddenly, and their taillights were broken. Maybe the trucker was speeding and could not stop in time to avoid a crash. Both drivers were negligent and contributed to the crash, so both may be included in a civil injury case.
If defective truck equipment caused the accident, we should consider suing the manufacturers of the defective truck parts. We can even include parties involved in the chain of sale, such as retailers of the truck parts.
Many large trucks today are equipped with black box devices, like the ones on planes. These recording devices store all sorts of data about the trucker’s driving and the trip. For example, we might learn how long the trucker had been on the road, how fast they were going, and when they hit the brakes. Such details are crucial and might shed light on how the crash happened.
We should also look for cameras. Video footage of the accident might show us exactly what went wrong and who is to blame. Videos might come from nearby security cameras, traffic cameras, or even cameras on the truck. Those videos might also be extremely helpful if you or another driver had a dashcam.
Who was around during the accident? Truck crashes are often big events involving many drivers. There is a good chance someone on the road saw the whole thing. Maybe a driver behind you was spared from the crash but saw everything that happened. Their testimony might be extremely valuable to your case.
Damages in truck crashes can be shockingly high. From financial losses to more subjective emotional injuries, your damages might be quite significant. Your compensation should reflect the magnitude of your losses.
Injuries in truck crashes are known for being severe. You might experience broken bones, lacerations, whiplash, soft-tissue injuries, spinal cord injuries, brain damage, and other painful injuries. Some people are left permanently disfigured or disabled. Others do not survive.
Economic damages should reflect the costs of hospital bills, property, and the income you lose from being unable to work after the crash. Keep track of the money you spend after an accident and review all your expenses with a lawyer.
Non-economic damages may be just as worthwhile but tend to be more subjective. You might claim damages for the intense physical pain of your injuries and the psychological trauma of the crash. Truck crashes are often thought of as near-death experiences, and survivors have a hard time emotionally and mentally coping. Generally, the jury decides what these damages are worth.
Contact Wruck Paupore for a free, confidential case assessment by calling our truck accident lawyers at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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