Truck Accident Litigation in Indiana

Accidents involving large commercial trucks are likely to have catastrophic consequences for occupants of smaller vehicles involved. The size disparity between trucks and passenger cars means the force of impact is greater, leading to severe injuries that require expensive medical treatment and lengthy recovery times or lifelong complications.

If you’ve been injured in an accident with a commercial truck in Indiana, you may be entitled to compensation through a truck accident lawsuit. The legal team at the law firm of Craig, Kelley & Faultless LLC is ready to help you pursue the financial relief you need for medical bills, lost wages, pain, suffering, and other losses.

Contact our office today for a free consultation with our truck accident lawyers in Indiana.

Understanding Truck Accident Legal Proceedings in Indiana

The truck crash legal process in Indiana is complex and involves several steps. After a truck accident, you may file a claim against the insurance policy of the at-fault truck driver, the trucking company, or another liable party. The insurer will investigate the crash and then accept or deny your claim. If your claim is denied, or if the insurer tries to minimize your injuries or the compensation you deserve, you may need to file a lawsuit to seek compensation.

It’s crucial to hire an experienced truck accident attorney to help you navigate the legal proceedings. Our knowledgeable attorneys can negotiate with the insurers to help you pursue a fair settlement. Should the insurance company refuse to settle or make a lowball offer, we can prepare to go to trial to seek the financial relief you need in court.

Federal Trucking Laws and Regulations

The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking companies and the drivers they employ. Trucking companies are required to:

Hire drivers with valid commercial driver’s licenses
Subject drivers to regular health examinations and alcohol and drug tests
Provide appropriate training to drivers
Enforce federal standards regarding driver hours of service and mandated rest time
Abide by regulations regarding the transportation of hazardous materials
Maintain electronic logging device records
Regularly inspect and maintain their vehicles
Test drivers for alcohol and drugs following accidents

Who Could Be Liable in Truck Accident Cases?

Establishing liability is one of the most essential elements of your truck accident case because it determines the parties from which your attorney will pursue compensation. Many truck drivers work for large trucking companies, which can be held liable for your injuries if their actions or inaction contributed to the accident. Trucking companies may also be liable for their employees’ actions through vicarious liability.

Because the trucking industry includes many individuals and entities, multiple parties can be liable for a truck accident. For example, vehicle manufacturers may be at fault if a manufacturing defect causes an accident. A mechanic or repair shop responsible for maintaining the truck may be liable for failing to fix an issue or ensure the truck was safe for the road. In cases where road conditions contribute to an accident, the government entities responsible for cleaning or repairing the roads could be liable.

It’s important to know that Indiana follows a comparative fault rule when determining liability and compensation in truck accident cases. If you are partially at fault for an accident, your compensation will be reduced by the percentage of your fault. If you are 51 percent or more at fault, you will be barred from recovering compensation in a civil lawsuit.

Types of Damages in Truck Accident Claims

If you have a successful truck accident claim, you could recover damages, or compensation, for the personal and financial losses you incurred due to the crash. You could seek money for the following:

Medical expenses, including hospital stays, surgeries, doctor’s visits, diagnostic tests, and prescription medications
Lost earnings if you cannot work while healing from your injuries
Loss of future earning capacity if your injuries result in permanent impairment that leaves you unable to return to work
Physical pain and suffering due to your injuries
Emotional distress and trauma
Loss of enjoyment of life due to injuries, disfigurement, or permanent scarring
Costs to repair or replace personal property

The Truck Accident Legal Process from Filing to Resolution

After you hire our attorneys, we will review the facts of your case, investigate the truck accident, and calculate the compensation you are owed.

Next, your attorney can pursue a claim with the at-fault parties’ insurers and a complaint with the civil court that outlines the facts and evidence and explains the compensation you seek from the defendants.

The defendants will be served with the complaint and have an opportunity to respond. The defendants can either admit that your statements are true or deny them.

If the defendant denies liability, the next phase is the discovery process, which is the gathering and exchanging of evidence in the case. Discovery often involves interviewing witnesses under oath, including experts and eyewitnesses to the crash. The defendant may choose to settle the case during the discovery process based on the evidence gathered.

If a settlement is not reached, your attorney will begin to prepare your case for trial. At trial, each side will present their evidence, and a judge or jury will review the evidence and issue a verdict. If you win your case, the judge or jury will decide what compensation the defendant must pay you.

Most truck accident cases settle out of court because trials can be expensive and lengthy. However, the trusted attorneys at Craig, Kelley & Faultless LLC prepare every case for trial and are ready to fight for you in court to pursue the maximum compensation you deserve.

Why You Need Our Experienced Truck Accident Attorneys

It’s crucial to secure legal representation for truck accidents and the challenging legal battles that often ensue. The attorneys at Craig, Kelley & Faultless LLC will put our decades of combined experience seeking compensation for Indiana injury victims toward your fight for justice. We have a strong track record of securing the compensation our clients deserve for their medical bills, lost income, and pain and suffering.

When you’ve been injured in an accident with a commercial truck, you deserve to focus your time and energy on recovering. Let us handle every aspect of your case so you can prioritize your health and well-being.

Talk to an Experienced Indiana Truck Accident Lawyer Today

If you were injured in a truck accident in Indianapolis, you could have the right to file a lawsuit against the negligent party. The Indiana truck accident lawyers at Craig, Kelley & Faultless LLC want to help you seek the compensation and accountability you deserve.