Tractor trailers also called semis or big rigs, are massive vehicles capable of inflicting catastrophic damage when an accident occurs. These accidents can be caused by several factors, including driver error, poor truck maintenance, and improper loading.
If you have been injured in a large commercial truck collision, please get in touch with the Indianapolis tractor trailers accident lawyers at Isaacs & Isaacs Personal Injury Lawyers today for a free case review.
How a Tractor Trailer Truck Accident Lawyer Can Help You
If you are injured in a tractor-trailer accident, you will likely want to retain a lawyer. Having a lawyer on your side can significantly streamline the tasks involved beyond just filing a lawsuit. Other time-consuming tasks that a lawyer can help with include:
For a free legal consultation with a tractor trailers accidents lawyer serving Indianapolis, call 800-333-9999
Calculating Recoverable Damages
Damages are any quantifiable losses you have suffered due to the accident. Compensation is awarded based on the total monetary value of your losses and the severity and cost of your injuries. An attorney can help you identify your recoverable damages and assess their worth.
Types of economic and non-economic damages include the following:
Indianapolis Tractor Trailers Accident Lawyer Near Me 800-333-9999
- Medical Bills – Any past or future injury-related medical costs, including emergency care, surgeries, hospitalization, rehab, physical therapy, medical equipment, and medications.
- Property Damage – Any costs associated with the repair or replacement of your vehicle.
- Lost Wages – Any income lost while recovering and any future income you cannot earn due to a diminished earning capacity.
- Wrongful Death – Paid to the loved ones of someone killed in an accident to cover funeral expenses and more, according to IC 34-23-1-1.
- Punitive Damages – Paid to survivors of accidents caused by intentional or gross negligence to punish the liable driver.
- Pain and Suffering – An amount to help you deal with physical or emotional pain or distress, trauma, or PTSD.
- Other Losses – An amount to help you deal with permanent scarring or disfigurement, reduced quality of life, diminished life enjoyment, or the loss of consortium or companionship.
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Investigating the Tractor Trailer Accident
Evidence is of utmost importance in an accident case involving a tractor-trailer. An experienced attorney will identify, collect, and employ evidence to support your claim, including during legal proceedings if needed. Each case is unique, and prompt action is required to prevent the loss or destruction of vital evidence, such as the following:
- Truck driving logs
- Dispatch and driver communication logs
- Records of vehicle maintenance
- Vehicle load inspection records
- Roadway inspection records
- Vehicle title history
- Driver history
- Driver mobile phone call records
- Engine control module recordings
- GPS history
You are urged to retain a tractor trailer accident attorney if you were injured in an accident. Crucial evidence could be lost, preventing you from receiving the compensation you deserve.
Dealing with Insurance Companies
It is in an insurance company’s best interest to pay you the minimum compensation you are willing to accept. They expect you to report an accident immediately, which can be problematic if you have been hospitalized. Also, if you say the wrong thing, you risk the insurance company using your own words against you in court. Having a lawyer represent you in these exchanges can eliminate this risk.
Moreover, the insurance company’s first offer for compensation is usually well below what you deserve. A lawyer can recognize and combat insurance company strategies and fight to get you fair financial compensation.
According to government statistics from the University of Indiana Public Policy Institute, large commercial trucks were involved in 14,877 collisions in 2017 that resulted in property damage, injury, or fatality. A number of these collisions may have resulted from negligence.
A party is considered negligent if they fail to exercise the reasonable care and caution generally expected under the circumstances. All motorists owe a duty of care to others with which they share the roadway. Violating this duty of care constitutes negligence, and a party can be held liable for any damage their negligence causes.
Potentially liable parties include the following:
The truck driver – A driver can be considered negligent, thus liable, if they caused an accident by acting in a way that violated a law. Examples of negligent actions include speeding, driving unsafely for conditions, using a cell phone, drowsy driving, or driving drunk.
The trucking company – A trucking company must ensure their tractor trailers are properly maintained and that cargo is secure. Likewise, any drivers they hire must be adequately trained, monitored, and not compelled to drive when fatigued. If a poorly maintained truck, unsecured cargo, or overworked driver causes an accident, the trucking company may be liable for damages.
Other parties – Other potentially liable parties include the owner of the tractor-trailer, the company that loaded the cargo, the maintenance company, or the manufacturer of faulty parts. Furthermore, if a local or state government fails to maintain roadways or designs them unsafely, they can be responsible for accidents.
Tractor-trailer accidents can often be more complex than those involving small passenger vehicles. Because of this, having an attorney present to identify and determine the liability of at-fault parties is essential.
Representing You in Court
Many tractor trailer accident claims reach settlements outside the courtroom because it is usually less costly for the liable party. Nonetheless, if your claim cannot be settled to your satisfaction short of a trial, an attorney can guide you through the legal process by:
- Filing motions
- Representing you as plaintiff
- Presenting supporting evidence
- Disputing the defense’s evidence
- Calling and examining witnesses
- Proving the defendant’s liability
- Verifying the amount of compensation you are owed
The liable party or their insurance company may refuse to pay you a fair settlement. In this case, retaining a tractor trailer accident lawyer is the best way to secure the maximum available compensation.
Get Help from a Tractor Trailers Accident Attorney in Indianapolis Today
At Isaacs & Isaacs Personal Injury Lawyers, we understand our client’s needs in the aftermath of a tragic, life-altering accident, including having peace of mind during recovery. Contact us for a free consultation with an Indianapolis tractor trailers accident lawyer if you are ready to pursue the compensation you deserve for your accident-related injuries and losses.