What is The Truck Accident Claim Process in Indiana
After being involved in an accident with a commercial truck in Indianapolis, it is important to understand how to file a truck accident claim to seek compensation for your injuries and related losses. Our experienced Indianapolis truck accident lawyers are ready to assist you through the truck accident claim process and protect your rights at every step.
Contact Craig, Kelley & Faultless LLC for a free consultation with an experienced truck accident lawyer. Our team is available 24/7 to answer your questions about truck accident lawsuits and the compensation available to victims and their families.
How Do I File a Truck Accident Claim in Indianapolis?
Filing a truck accident claim in Indianapolis begins with investigating the crash and identifying the at-fault parties. Truck accident cases are often more complex than other vehicle collision cases because they frequently involve multiple at-fault parties. Identifying all of them is necessary for maximizing compensation for truck accident victims.
Once the at-fault parties are identified, our attorneys can submit demand letters to the insurance companies, outlining the accident, your injuries, and the compensation you are seeking. That will begin the formal auto insurance claim process, and the insurance companies can conduct their own investigations into the incident.
If an insurance company accepts liability for your claim, you will still need to negotiate for a fair truck accident settlement that covers your past and future losses. If the insurer rejects your claim, your next option is to file a lawsuit and take the insurer to court to seek fair compensation.
How Long Do I Have to File a Truck Accident Claim in Indiana?
Under Indiana’s statute of limitations, truck accident victims have two years to file lawsuits against the parties responsible for their injuries. The parties may include the truck driver, trucking company, truck manufacturer, truck maintenance provider, cargo loader, and others.
You must file your lawsuit within the two-year deadline to avoid having the courts bar you from seeking the compensation you need through litigation. For this reason, it is recommended that you hire an experienced Indianapolis truck accident lawyer to handle your case. Our personal injury attorneys can take care of everything for you, from investigating the accident to filing your insurance claims and injury lawsuits to representing you in settlement negotiations and in court, if necessary.
What Evidence Do I Need for a Truck Accident Claim?
The evidence you need for a successful truck accident claim depends on the circumstances of the crash and the party you are seeking to hold liable. For example, if the crash was due to driver error, you will need different types of evidence than if it was due to a mechanical failure caused by poor vehicle maintenance.
Generally speaking, evidence commonly used in truck crash cases includes the following:
- Accident scene photographs depicting the vehicle resting places and damage, relevant traffic signs and signals, skid marks on the road’s surface, and other road and weather conditions
- Videos captured by traffic, security, or dashboard cameras that show how the crash occurred, the events leading up to the accident, and the events directly following the collision
- Truck driver log book entries detailing the length of time they were behind the wheel, when and how long their breaks were, and other relevant details
- Truck black box recordings that show the speed the truck was traveling before the collision and whether the driver applied the brakes
- Maintenance records for the truck that explain when it was last serviced and exactly what maintenance was performed
- Communications between the truck driver and the trucking company that may indicate the company’s involvement in the accident beyond vicarious liability for an employee’s negligence
- Eyewitness statements about how the accident occurred, such as whether witnesses saw the trucker texting while driving or engaging in other dangerous behaviors behind the wheel
- Expert witness testimony, including that from crash reconstruction specialists who can use physical evidence to understand and explain how the collision happened
How Do Insurance Companies Handle Truck Accident Claims?
Insurance companies typically handle truck accident claims by trying to pay out as little as possible. One way they try to do that is by attempting to shift blame for the accident onto the victims so they can justify relying on Indiana’s modified comparative negligence laws.
Comparative negligence laws reduce a plaintiff’s awarded compensation by their degree of fault and bar them from recovering compensation if they were more than 50 percent at fault.
While the modified comparative negligence standard applies to compensation awarded through trial, insurance companies still use it when determining settlement offers.
Do I Need a Lawyer for a Truck Accident Claim in Indianapolis?
You need a lawyer for a serious truck accident claim in Indianapolis because the at-fault parties’ insurance companies and their lawyers will try to take advantage of you otherwise.
Trucking companies have large corporate insurance companies and law firms on their side. The insurance companies have one main goal: to pay you as little as possible for your injuries. If you do not have a lawyer to protect your rights, that is what they will likely get away with doing.
Without the help of a skilled commercial vehicle accident lawyer, it can be nearly impossible to know what your case is actually worth. Insurance companies prey on that and will offer a settlement that sounds like a lot of money, but in reality, it is only a fraction of what you could receive with the help of a personal injury lawyer.
At Craig, Kelley & Faultless LLC, our lawyers have more than 30 years of experience helping truck accident victims seek fair compensation for serious injuries. We know the tactics insurance companies use, and we are prepared to negotiate a truck accident settlement or take your case to trial, whichever is necessary for obtaining the compensation you need.
How Can an Indianapolis Truck Accident Lawyer Help Me?
An Indianapolis truck accident attorney from Craig, Kelley & Faultless LLC can help you with your case by handling the entire legal process on your behalf while you focus on recovering from your injuries. That includes identifying the responsible parties, gathering evidence, calculating your damages, filing your claims, negotiating with insurers, and taking your case to trial if the insurance company will not settle for a fair amount.
Contact our law firm to speak with an experienced and compassionate truck accident lawyer. Our Indianapolis truck accident attorneys have extensive experience dealing with insurance companies in truck accident claims and are ready to fight to protect your rights and maximize your compensation.