The value of a truck accident claim depends on the severity of the injuries, who is at fault, the insurance coverage available, and other factors. In most commercial truck accident cases, our attorneys pursue compensation for our injured client from the trucking company that employed the truck driver or owned the truck involved in the accident. Trucking companies are legally responsible for their employees’ negligence and for the performance of the vehicles they put on the road.
An Indiana truck accident attorney from Craig, Kelley & Faultless, LLC, can help you pursue compensation if you have been injured in a commercial truck crash caused by the truck driver or a problem with the truck. Below, we’ll discuss the factors involved in a truck accident claim and its resolution that may affect the amount of damages sought.
Trucking Company Liability in Personal Injury Cases
Trucking companies in Indiana are required to have a minimum of $750,000 in liability insurance coverage for tractor-trailers and other large trucks and liability coverage worth $1 million to $5 million if they haul hazardous waste. This is a significant source of money for someone who has been seriously injured in a truck accident. Sometimes, other insurance policies also may apply —for example, if a truck driver is pulling a trailer owned by a separate company. Determining all the insurance coverage that applies to a crash is crucial.
An Indiana personal injury claim typically seeks compensation for the injured plaintiff’s:
- Medical expenses
- Lost wages
- Physical pain and suffering
- Emotional distress
- Diminished earning capacity
- Loss of consortium
To be successful, a claim must show that the accident was caused by negligence on the part of the truck driver or trucking company. This would include showing that a mechanical issue with the truck caused the accident and that the trucker or trucking company knew or should have known it existed but failed to repair it.
How To Value a Truck Accident Settlement
Your Craig, Kelley & Faultless attorneys can calculate your economic costs and losses in a truck accident as we prepare our demands to insurers on your behalf. But there are additional factors that may have an impact on a settlement offer or a jury award. They include:
- Who is at fault? If it is clear that the trucker and/or trucking company is solely responsible for the accident, the settlement is likely to be worth more. If the injured person also contributed to the accident, this may reduce the compensation available.
- The severity of the injury. A more serious injury leads to higher medical expenses and a better understanding of the victim’s compensable pain, suffering, and emotional distress. A more severe injury has a greater impact on the victim’s daily life going forward, as well. For example, a crash victim may be unable to return to work. This would lead us to demand compensation for future lost income. If a crash victim is permanently disabled, we will seek compensation for ongoing medical expenses, as well as for loss of consortium for the crash victim’s spouse or partner. It may take a number of months for you to recover before we can accurately estimate the cost of your medical expenses and future medical treatment needs.
- Dependent spouse and children. In a wrongful death claim, the victim’s family members can pursue compensation for the future income of the deceased that has been lost and for the loss of the deceased’s love and companionship.
Before settling a claim, we must wait for the accident victim to reach their full or best possible recovery to understand what their total medical cost has been and what their future looks like. Only then do we know what’s necessary for a fair and proper settlement.
Schedule a Free Case Review with Our Experienced Indianapolis Personal Injury Attorneys
Contact Craig, Kelley & Faultless for a free, no-obligation legal consultation about your truck accident injuries and how we can seek full compensation for you. If we can help, we will not charge you a fee unless we recover compensation for you.
Contact us today at (800) 746-0226 or online.
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