Our semi-truck accident lawyers at Craig, Kelley & Faultless settle most of the personal injury cases we handle without going to trial. We are successful in settling cases because of our willingness to go to trial to stand up for our clients. Our strong reputation as trial attorneys benefits our clients at the negotiating table.
The truck accident lawyers at Craig, Kelley & Faultless LLC have decades of experience handling truck accident cases. Two attorneys at the firm are certified by the National Board of Trial Advocacy as specialists in commercial truck accident litigation. We are ready to go to trial when necessary but settle whenever it provides the best outcome for our Indianapolis clients.
Considerations that Truck Accident Attorneys Use While Negotiating Settlements
Truck accident attorneys take into account many factors when negotiating settlements, including the following:
Who is the at-fault?
Your attorney must determine who is responsible for the truck accident and has financial liability. The attorney can then hold the person or company financially accountable in a semi-truck accident claim. In truck accidents, the truck driver is often at-fault because of their negligent actions. Examples of truck driver negligence include:
- Speeding
- Drunk driving
- Hours-of-service violations
- Failure to yield the right-of-way
- Failure to check blind spots
If the truck driver is an employee of a trucking company, the company may be liable for the actions of its employee. Other possible liable parties include the truck manufacturer, parts manufacturers, and auto shops or contractors responsible for servicing the truck.
The at-fault party might claim that you are partially responsible for the accident. Whether or not you were partly at fault, you may be entitled to pursue compensation after an Indianapolis truck accident. According to Indiana law, more than one party may share fault for an accident. In those situations, you can still recover compensation if you are less than 51 percent responsible for the accident. However, any compensation you receive will be reduced according to your percentage of fault. For example, if a court jury finds 25 percent at fault for the accident and awarded $100,000 in accident-related losses, the compensation you receive would be reduced by 25 percent, leaving you with $75,000 in compensation
What are your losses?
A truck accident victim can pursue an at-fault party for compensation for various losses, including the following:
- Medical expenses
- Lost wages and benefits
- Loss of future earnings
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
Some losses, such as medical expenses, are easy to add up. Other losses, such as pain and suffering, are more challenging to quantify. How do you put a dollar value on your pain and suffering? This is where an attorney with significant experience in truck accident settlements can help.
How much insurance coverage does the at-fault party have?
Semi-truck accidents typically involve higher amounts of liability insurance than crashes involving only automobiles. More money may be available to compensate the accident victims because of the greater damage large trucks can cause.
Under federal law, interstate commercial truck drivers transporting nonhazardous materials must carry a minimum of $750,000 liability insurance. If a truck driver carries hazardous materials, they must have a minimum of $5,000,000 in liability coverage. Indiana has similar requirements for semis operating within its borders.
Knowing the insurance coverage of the at-fault driver helps our attorneys is a factor in determining how much compensation to pursue during negotiations. Victims of minor accidents may find the truck driver’s insurance coverage provides enough to cover their losses. However, if your injuries are severe, your attorney may pursue an amount of compensation equal to the limits of the insurance policy and look for other insurance policies that may provide compensation to you.
Negotiation Process with the Insurance Company
The negotiation process differs from case to case. Generally, though, here are the basic steps your attorney will take to negotiate with the insurance company:
- Demand letter – First, your attorney will identify the liable party and calculate your accident-related losses. The attorney may submit a demand letter to the liable entity’s insurance provider detailing the compensation you need to recover from the accident.
- First settlement offer – Insurance companies often reply to the demand letter with a lowball settlement offer. In many cases, your attorney may urge you to decline this offer.
- Negotiation – Once the insurance company makes a settlement offer, your attorney will negotiate with the insurer to try to increase the settlement amount. Your attorney and the insurer may go through several rounds of negotiations to reach a settlement.
- File a lawsuit – If the insurance company declines to agree to a fair settlement, your attorney will consult with you about filing a personal injury lawsuit in civil court. A lawsuit may be necessary to hold the trucking company and its insurer financially accountable. The insurer will want to avoid trial if possible. That could incentivize them to return to the negotiating table on more favorable terms. Sometimes, insurance companies wait until a truck accident case is prepared and ready to go to trial to enter settlement negotiations.
Schedule a Free Case Review with Our Experienced Indianapolis Truck Accident Attorneys
At Craig, Kelley & Faultless, LLC, our experienced Indianapolis truck accident attorneys have decades of experience demanding fair settlements for our clients. We are ready to take on big insurance companies and prevent them from taking advantage of you in your moment of need.
Contact us today to learn how semi-truck accident lawyers can help you pursue maximum compensation from a negligent truck driver or trucking company. Consultations are free. We only charge a fee if and when we win.
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