Numerous trucks make their way through Evansville every day, but unfortunately accidents sometimes occur. While truck accident cases can be complex, there are often multiple parties whom you can pursue damages against.
That is where our experienced truck accident lawyers can help. Our firm can guide your case from our very first phone call all the way through trial, if necessary. In many cases, the trucking company can be held liable, in addition to to driver that works for them. Both parties are required to carry significant insurance available to victims who have suffered injuries for which they have a legal right to recover.
For a free case evaluation with our truck accident lawyers, contact Wruck Paupore today at (219) 322-1166.
It can be overwhelming if you've been injured in a truck accident. You'll have to deal with medical bills, lost wages, and other expenses that can quickly add up, sometimes being hundreds of thousands of dollars. In addition to these costs, you may be dealing with pain and suffering from your injuries for which you may be owed substantial compensation.
One of the most important functions that our firm can perform is gathering the critical evidence needed to win your case. Useful evidence can include photographs of the scene, the vehicles involved, the damage done to those vehicles, and your injuries. Our expert reconstructionists have a rapid response team that can be called to an accident scene immediately so that they can take measurements, video, and obtain technical information necessary to establish the severity of the accident and help us prove the trucking company’s negligence.
Witnesses who saw what happened can also be incredibly helpful in proving your case. Further, police records, such as reports or photographs taken by officers at the scene of an accident, as well as any official citations issued or accident reconstructions created, can be critical to recovering compensation for the truck company’s negligence. We may also be able to recover police body cam footage which often comprehensively documents the accident scene and the work of first responders.
Our firm will then evaluate this information, as well as your medical records, your testimony, and interview doctors that examine your injuries. We can then determine the true value of your case and what each party should be required to pay you for compensation based upon their level of fault.
After you've been injured in an accident, knowing how much your case is worth can be difficult. The insurance company will likely try to lowball you with a settlement offer that does not cover all of your damages. Fortunately, we can calculate the value of your case so that you do not lose out on vital compensation. This includes evaluating your current losses and assessing future expenses, like prescriptions or surgeries that might be required. You should also be compensated for the time you have already missed at work and the work you are projected to miss while healing.
However, determining the value of your case also involves a variety of factors you might not expect. For example, how much insurance is carried by the at fault party can impact your case value, as can the geographic location where your accident took place. Even the lawyers that you have representing you can impact how much an insurance company is willing to pay to resolve your claim for damages. We will take all of these factors into account in advising you on the true value of your case.
It is not uncommon for our lawyers to be able to obtain a full recovery without having to go to court. However, it is sometimes necessary to file a lawsuit. Recoverable damages may include not only your economic losses (property damage, medical bills, lost wages, etc.) but also non-economic damages. This includes damages like pain and suffering, mental anguish, and more. In order to recover these damages, you can file a lawsuit against the parties responsible for your injuries.
Our team will use evidence developed during our investigation to prepare a complaint to file in court. This complaint will detail the circumstances of your accident and the injuries you sustained. Once your lawsuit is filed, the defendants and potential witnesses can be further questioned to probe the truth of what occurred. If a settlement agreement cannot be reached, you must pursue compensation from a jury.
If you were involved in a trucking accident in Evansville, you are likely wondering who you can sue for damages. The answer is not always straightforward. In many truck accident cases, the truck driver is rarely the only named defendant. Trucking companies may share in the liability, and other parties could also be involved in causing your injuries.
If you were injured in an Evansville truck accident, the first party you will likely sue is the truck driver. In Indiana, negligent truck drivers are liable for the damages they cause in an accident. Truck drivers must follow many rules and regulations set forth by federal and state law, including following traffic laws and speed limits and operating their vehicles safely at all times. Truck drivers are also legally required to maintain their vehicles properly and always keep them in good working order. If they do not, they can be held liable for their negligence.
In addition to the driver, the trucking company they work for could also be sued in certain situations. The most direct way of holding a trucking company responsible is through the legal theory of respondeat superior. Also referred to as vicarious liability, this legal principle holds that an employer can be held accountable for their employees who negligently cause an accident while at work.
Trucking companies can also be responsible for their own negligence. Trucking companies are liable for negligence if they do not follow federal and state trucking regulations, including failing to maintain their vehicles properly and not properly training their drivers, or conducting background checks.
If an investigation shows that your injuries were caused by a malfunction with the truck or a particular truck part, you can sue the manufacturer of the truck or the part. For instance, if you were injured in an accident caused by faulty brakes, tires, or power steering, you could file a lawsuit against the designer or manufacturer of the particular truck system. If a single company is responsible for designing and manufacturing the truck that injured you, they can be sued for negligence. Sometimes manufacturers of specific parts share liability with the overall vehicle manufacturer.
Lastly, other drivers involved in your accident could also be named as potential defendants. If someone else's negligence caused a truck to crash into you, they should be held responsible for paying compensation for your injuries and other damages. For example, if another driver failed to stop at a red light and caused a truck to slam on their brakes, thereby causing you to crash into the back of the truck, the driver could be held liable. The same holds true for pedestrians who cross against traffic signals or in the middle of the road that causes a truck accident.
Call Wruck Paupore at (219) 322-1166 for a free review of your case with our truck accident attorneys.
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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