Overview of an Indianapolis Truck Accident Lawsuit

Anyone can get into an accident at any moment on the roadways, but the worst ones to get into are with a big rig. Due to the extensive weight of pushing the truck, getting hit could be catastrophic. It is essential to get with Indiana commercial truck accident attorneys when colliding with one of these rigs is the cause of an accident.

Truck Accident Lawsuits: What Are They?

When someone gets in an accident with a commercial vehicle or an 18-wheeler, damages to property, injuries, medical bills, loss of wages, and enjoyment of life are taken away, and death and funeral expenses linger long after the accident. No one plans for it, and it can change a person’s life quickly. It also affects those loved ones who may have to care for or put up with losing a loved one in an accident.

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All commercial vehicles belong to a company that pays an extensive amount in insurance premiums to keep their vehicles on the road. The insurance covers the liability should the truck driver get in an accident with another vehicle. Liability covers the cost of all damages from the vehicle to the people inside.

Here is the problem: when a commercial vehicle is at fault, the insurance companies will do everything in their power not to pay the claims. That is when a truck accident attorney will offer their services, starting with a free consultation and evaluation. Then they will go head to head with the company’s insurance company to make them pay the total amount owed in an agreement or settlement outside of court. They will also represent their client in the courtroom should the case go that far.

Most Common Truck Accidents

There are many causes of truck accidents. The primary reasons that both fall under negligence are distraction and fatigue. If any driver is distracted or exhausted, the big rig becomes a ten to a 25,000-pound killing machine.

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Distractions

All drivers can quickly become distracted by all that we have in today’s technology inside and outside the vehicle. One of the most common causes of accidents is cell phone usage by phone calls or text messages. Most big rig drivers must have a headset worn while driving. Companies with commercial vehicles strictly prohibit texting and driving, but drivers will still do it.

Headsets and hands-free devices are not as distracting as holding the phone with one hand off the wheel. Most people neglect to realize that it is not only holding the phone that causes an accident. It is the conversation that distracts the driver from the road.

Truck drivers may also be looking for locations for their destinations and may be messing with the GPS systems. They also can become distracted by any of the views outside the vehicles.

Whatever the reason, distractions can take their minds and eyes off the road in front of them, causing a severe accident.

Fatigue

Most drivers are pushed to the limit when hotshot driving or working for a company. Their time limits pressed and lack of sleep are primary factors that cause big rig accidents. The drivers will fall asleep at the wheel and lose control of the 25,000-pound monster vehicle. The federal government has stepped in to place devices that log all driver’s actions electronically to avoid sleep deprivation.

Damages in a Truck Accident

Damages range from anything inside the vehicle or hooked up to a vehicle hit by a commercial truck. It also covers the total loss of the vehicle itself because not many things will survive being hit by a big rig. The people or pets inside the vehicle are also covered in the list of damages.

Truck accident attorneys will look into the cost of replacing all personal property, like the totaled vehicle and all valuables damaged in the wreck. They will look at the injured or killed person or persons inside the vehicle.

The insurance companies will have to pay for the medical bills for the injured to recover and the rehabilitation to get back to 100 percent health and movement. If the person dies in an accident, then the insurance company will have to pay for the funeral costs and any costs to the family owed due to the loss of their loved one.

Pain and suffering are another issue granted as an award for all the victim goes through. Punitive damages depend on the state, and most states will grant it as a punishment for negligence. The rest will consider the reward for the pain and suffering sufficient in the settlement.

Hospital bills, rehab, and medication will be the most expensive to reimburse. All the bills are tallied so that the victim does not have to pay out-of-pocket costs for their health restored. Everything also goes with the loss of wages due to the person being unable to return to work. The time frame is figured out for what is lost, and if the person cannot work again, it is factored in with the person’s age to come up with a lifespan cost for a complete settlement.

How Can a Truck Accident Lawyer Help?

Some people feel they can represent themselves in a courtroom. When the legal terms begin to fly, and the insurance companies start to wiggle their way out of paying the claims, a person can truly appreciate everything a truck accident attorney does.

The insurance companies will only work to pay the minimum amount if they pay at all. The good news is that most cases never see the inside of a courtroom when the insurance companies know the victim has an attorney who will fight for the victim’s rights and get the total compensation owed to them.

The attorney will negotiate by starting with a letter for a settlement amount. Usually, 30 days is given for a response by the company’s insurance. Once again, the insurance companies will wait until the last minute to reply.

The attorney will push for more in a lawsuit settlement if no reply is given. Insurance companies know this, and if they see their client is in the wrong, they will, most of the time, pay a lump sum settlement to keep the case out of the courtrooms. Once it goes to the courtrooms, they can expect to pay hundreds of thousands to millions of dollars more.

Conclusion

This is how cases work in truck accidents. The protocol never changes, and the insurance companies will primarily cave to an experienced truck accident attorney. Negligence on the truck driver’s part is the critical factor that will win the case.

 

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