In Anderson, Indiana, you don’t expect to get into a truck accident with a big rig, commercial vehicle. When an accident occurs, you may experience severe trauma and find your life is permanently transformed. Even a minor accident with a large truck could result in significant injuries and irrevocable damage.
You may find yourself reeling from the pain and suffering your truck accident has caused you. Overwhelming, unexpected expenses can add to the toll of your emotional, mental, and physical recovery. The road to justice and healing may seem endless.
You could feel like you’re alone in your battle against insurance companies that are reluctant to pay, and wonder if you’ll ever receive fair compensation. However, you don’t have to walk this path alone.
An Anderson truck accident lawyer can guide you through the legal process and help you fight for what you’re owed.
What you need to know about Anderson truck accidents
If you’ve suffered as a result of a truck accident in Anderson, understanding how to determine liability in your personal injury case and how an Anderson attorney can help will allow you to make a well-informed next step.
Let’s take a look at all you need to know about Anderson truck accidents.
- Important truck accident and truck safety facts
- How an Anderson truck accident lawyer can help
- Compensatory damages after an Anderson truck accident
- Common causes of truck accidents
- Liability in your Anderson truck accident
- Contact Yosha Law
Important truck accident and truck safety facts
Commercial trucks can weigh anywhere between 10,000 and 80,000 pounds. In comparison, the average sedan weighs between 2,600 and 3,000 pounds and an SUV weighs between 3,000 and 3,500 pounds. Thus, when a truck collides with a car or SUV, the results are often catastrophic.
Here are some other important truck safety factors that could impact a truck accident:
- Commercial trucks take up to 525 feet to come to a complete stop, This is a distance 40% greater than that of the average vehicle.
- High wind speeds can cause a truck to flip
- Cargo trucks often haul hazardous or toxic material. If these materials spill, they can ignite or cause hazardous road conditions
- If a truck has a tire blow-out, they may shed thick, long pieces of rubber retread which can cause severe damage to other vehicles on the road
- In the US, commercial trucks drive over 300 billion miles per year
- Riding too closely to the back of a commercial truck could cause your car to become wedged underneath a truck’s trailer
- In 2021, 4,000 fatal collisions involved large trucks
How an Anderson truck accident lawyer can help
Truck accidents can change Insurance claims can prove frustrating at best and insurance companies may lowball your claim or even deny it. Yosha Law understands how stressful that process can be, and we want you to receive the compensation you’re rightfully owed.
Even before you choose to file a personal injury lawsuit, our Anderson truck accident lawyers can guide you through the insurance claims process. You can focus on walking the road to recovery as our attorneys work to strengthen your claim and take care of your legal matters.
Most personal injury lawsuits are settled before they reach the courts, but if a settlement cannot be reached, we will continue to fight for you. Although you don’t need a lawyer to settle an insurance claim or file a lawsuit, without a lawyer in your corner, it may be difficult to navigate through the complexities of a truck accident case.
An Anderson truck accident lawyer can:
- Explore the merits of your case:
Yosha Law can advise you on whether or not your case has legal validity. Transparency and honesty are imperative aspects of the lawyer-client relationship. If your claim is worth pursuing, we will begin to build the foundation of your legal case.
- Calculate damages:
We will help you decide the amount of compensatory damages you should seek. Many factors and categories inform the monetary amount of damages owed, and future costs you’ll incur as a result of your Anderson truck accident should be incorporated into the final settlement amount.
Insurance companies may offer you an expedient settlement, but may not account for more than present medical and repair costs. Remember, once you’ve accepted a settlement offer, you may not have further legal recourse.
- Gather evidence:
We’ll gather any evidence from the scene of your accident, which may include (but isn’t limited to) police reports, debris from your vehicle left at the scene, photos, and video documentation.
- File and manage paperwork:
A personal injury legal claim consists of a lot of time-sensitive paperwork. After your truck accident, you shouldn’t have to take on the burden of managing this paperwork on your own.
We’ll explain all necessary documentation, ensure you sign any pertinent documents, and file this paperwork with the courts.
- Interview forensic experts:
Forensic experts may provide insight into your case that can help prove liability. For example, medical experts and crash reconstructionists may be able to speak to the nature of your truck accident and the injuries you’ve suffered as a result.
- Obtain testimony:
Eyewitnesses to your accident and those who’ve witnessed the impact of your accident on the rest of your life may strengthen your case. For example, a spouse or an employer can provide first-hand experience of the impact of your injuries on your work or personal life.
- Represent you in all negotiations and meetings:
Our Anderson truck accident lawyers will represent you in any and all negotiation meetings and required court appearances.
Compensatory damages after an Anderson truck accident
Trucks operate daily throughout our state’s highway system, and heavy traffic can make truck driving precarious at times. Truck accidents are never expected, but they can occur in a split second and alter your life forever.
Indiana is ranked in the Top 10 states that are the most dangerous for truck drivers, and the state also accounted for 12% of nationwide truck accidents that led to life-threatening injury. Thus, truck safety hazards can adversely impact other vehicle drivers as well.
After you’ve suffered the trauma of a truck accident in Anderson, you may be entitled to damages — the legal term for the different types of compensation for what you’ve endured. No amount of financial compensation can heal your pain and suffering, but it can prove a vital part of your healing process.
A truck accident lawyer can advise you on the damages you should seek in the aftermath of your collision. Here’s a breakdown of the different types and examples of damages.
Special damages
Special damages (also known as economic damages) are the compensatory amounts that can be calculated. These damages cover the direct past, present, and future costs you’ve incurred as a result of your truck accident.
Special damages you might receive after your accident include:
- Medical bills (including doctor’s appointments, emergency room visits, hospital stays, prescriptions, rehabilitation, surgeries, and any other medical treatments)
- Lost wages (if you’ve missed work — including paid time off, bonuses, and tips)
- Repairs and replacements (if your truck accident resulted in damage to your personal property, these bills may be covered by special damages)
- Reduced earning potential (if your injuries cause you to miss out on professional advancement, future income could be calculated by your Anderson truck accident lawyer)
- Assisted living expenses (if you need around the clock medical care after your collision, these costs may be included in special damages)
General damages
General damages (also known as non-economic damages) provide compensation for pain and suffering that can’t be quantified. In other words, these damages cover the losses you incurred in your Anderson truck accident that don’t have a set monetary value.
Some of the personal injury claims that are considered valid claims to general damages include:
- Catastrophic injury
- Disfigurement
- Emotional trauma (including anxiety, depression, and post traumatic stress disorder)
- Hearing and vision loss
- Loss of consortium
- Loss of quality of life
- Pain and suffering
- Paralysis
- Permanent disability
- Traumatic Brain Injury (TBI)
- Wrongful death
Punitive damages
Your truck accident claim may also result in punitive damages. Although these damages aren’t often sought or awarded, a judge or jury may add punitive compensation onto a verdict against a defendant in a truck accident case.
Punitive damages are used as punishment for a liable party who has exhibited gross negligence.They send a message to the defendant and others that there are consequences for willful negligence.
In a case where punitive damages are placed on a defendant, the Indiana Violent Crimes Victim Compensation Fund receives 75% of this compensation and the plaintiff receives 25%.
Common causes of truck accidents
After your Anderson truck accident, it’s important to discern the cause of the collision to help you prove that you aren’t liable for the pain and suffering you’ve endured. The trauma of your collision can cause upheaval and chaos in your day to day life, and you may find yourself with extreme and unexpected financial costs.
However, in order to have a valid legal claim to compensatory damages, it’s vital to understand why your accident occurred. You may have a personal injury claim if your truck accident was caused by any of the following:
- Cargo spill
- Driver inexperience
- Faulty brakes or other truck parts
- Failure to stop
- Improper cargo storage
- Intoxicated trucker
- Inclement weather
- Lack of truck driver training
- Jack-knife accident
- Overworked trucker
Liability in your Anderson truck accident
Liability can be murky in truck accidents. If you’re involved in a collision with another car, you usually only have to contend with one insurance company. However, in a truck accident, multiple parties may be at fault.
Proving negligence can involve intensive research and attribution of fault. In an Anderson truck accident, your lawyer may find that one or more of the following parties is liable for your pain and suffering:
- Truck company:
The company that employs the trucker involved in your collision may be found liable for your compensation if they don’t adhere to safety regulations, mandated employee training, accurate driving logs, or proper truck maintenance.
- Cargo manufacturer:
The cargo company that contracted the truck company may also hold responsibility for your accident if cargo is improperly stored or spills.
- Trucker:
If a trucker is driving off of the clock, hasn’t complied with mandated time between hauling routes, speeds, or is impaired, they may be solely responsible for your accident.
- Vehicle manufacturer:
A truck manufacturer that is found to have installed faulty parts that malfunction could be held liable for your accident.
For example, faulty brake lines could lead to catastrophic collisions. If these brake lines didn’t meet safety standards when installed, a truck’s manufacturer could be responsible for any damage they cause.
Contact Yosha Law
After a truck accident, you shouldn’t have to walk the overwhelming path to justice on your own. At Yosha Law, we understand the pain, confusion, and stress you may be feeling in the aftermath of your collision.
An Anderson truck accident lawyer can help you navigate through the entire personal injury claim process — from the moment you choose to file an insurance claim through the resolution of your case.
We care deeply for each of our clients and know that individual cases bring individualized needs — your trauma deserves to be handled with care and sensitivity. We want you to be able to focus on your recovery, and to trust that your legal claim is in the right hands.
Connect with us for a case evaluation and consultation today. Your pursuit of justice can begin immediately.