Too many truck accident victims suffer alone. After suffering serious or even catastrophic injuries in a collision with a semi-truck, survivors and their loved ones are left facing huge medical bills, lost work, pain and suffering, and so much more.
If you or someone you love has been seriously injured or killed in a semi-truck crash in Elkhart or the surrounding areas, a personal injury lawyer in Elkhart from Yosha Law Firm can protect your rights and help you navigate the complex legal aftermath of an accident. Our goal is to help you get the appropriate compensation for your injuries and losses.
You shouldn’t have to feel alone!. The process of filing a truck accident claim can be grueling, especially if you don’t have an excellent support system. We help our clients seek justice for what they lost because of someone else’s negligence or carelessness!
We know that money can’t fix what you’ve gone through, but we fight for compensation so that you can get back to living your life and moving forward after the accident.
- Getting compensation after a truck accident
- Why are truck accidents so serious?
- Causes of truck accidents
- How does a truck accident affect its victims?
- What should you do after a truck accident in Elkhart?
- Determining fault after a truck accident
- Yosha Law Firm: Protecting accident victims in Elkhart
- We don’t get paid for your claim unless you do
- Yosha’s Elkhart truck accident attorneys are here for you
Getting compensation after a truck accident
One of the first questions we hear from our clients is, “Can I get enough compensation to recover from my accident?”
Of course, this is one of the biggest questions on your mind right now. Recovering from a serious accident isn’t just painful, it’s also very expensive and stressful.
When you were injured because of someone else’s unsafe decisions on the road, you deserve compensation for more than just your monetary losses. Accidents cost money and they cost you the life you had before.
Working with a truck accident attorney will help you recover compensation for these things and more:
- Lost wages from missed work
- Costs associated with hospital stays
- Medical bills related to the accident (including past, current, and future expenses)
- Lost earning capacity if you are unable to return to your previous work or career
- Therapy and rehabilitation costs (physical, occupational, mental health, etc)
- Medication costs
- Emotional and psychological distress
- Pain and suffering
An attorney from Yosha Law Firm can help you determine the potential compensation you can receive in a claim.
Why are truck accidents so serious?
Accidents involving semi-trucks are often catastrophic for several reasons. Even though each accident is unique and any collision can be deadly, truck accidents are especially terrible.
Indiana saw 178 truck accident fatalities in 2020. There were 1254 vehicles involved in fatal collisions in Indiana that year, and 148 of them were trucks. 11.8% of fatal accidents involved a semi-truck. Other years are similar, with dozens – if not hundreds – of people dying in semi collisions on Indiana’s roads each year.
Let’s explore some of the reasons why semi-truck accidents are so deadly.
Vehicle weight
In the US, the max weight for a semi-truck is 80,000 pounds. Many trucks weigh less than that because they are not hauling at full capacity. Still, compare that to a car, which on average weighs around 4,000 pounds.
The weight difference alone indicates just how serious these accidents can be.
Vehicle speed
Semi-truck accidents often take place on highways and interstates. High-speed collisions are always more dangerous than low-speed impacts. In Indiana, the speed limit for trucks is 65mph on interstates, and many cars exceed the legal speed limit of 70mph.
Excess speed limits are one of the major causes of car accidents; when you add semi-trucks to the equation, the damage becomes even more catastrophic.
Truck size
Because of their size, the front end of a semi-truck’s cab will strike much higher on a car than other vehicles. This affects the impact and injuries caused when a semi hits a van, car, SUV, or smaller truck.
Causes of truck accidents
Even though there are many different things that can cause an accident, many truck accidents are caused either by driver failure or mechanical failure.
This may include:
Some accidents are caused simply because of an inexperienced driver who does not have enough training and experience to operate a large commercial truck. Even though all commercial drivers have to be appropriately licensed, there are new drivers entering the industry every day. These individuals may not have the experience to respond quickly in critical situations, leading to accidents.
Worse, unethical trucking companies may willingly employ unqualified drivers or try to skirt the regulations in place to protect everyone on the road. Commercial trucking companies should never push a driver to haul loads beyond their capacity.
Driver fatigue that stems from a lack of rest can lead to dangerous errors and terrible wrecks. A reputable carrier with never force a driver to go over the appropriate number of hours. Flouting these regulations leads to tired operators, and tired operators make deadly mistakes.
Finally, faulty equipment can also cause an accident. For example, defective brakes, faulty steering, leaks in air breaks and fuel lines, broken lights, and worn tires are responsible for countless accidents every year. These accidents are preventable!
Companies and drivers must diligently monitor and address any mechanical problems or equipment malfunctions before they worsen and endanger lives on the road.
Here are some more causes of trucking accidents in Elkhart and the surrounding areas:
- Driving under the influence of alcohol, drugs, or medications that may affect driving
- Speeding
- Reckless driving
- Distracted driving
- Failing to compensate for poor road conditions or bad weather
- Failing to check blind spots
- Attempting dangerous turns and maneuvers
- Improperly loaded cargo
- Potholes and damaged roads
- Road construction debris
- Missing or inadequate road signage
How does a truck accident affect its victims?
If you were involved in a collision with a commercial trucking vehicle, the effects are likely to be significant. If you’re lucky, your injuries may heal quickly with minimal treatment. But because of how intense trucking accidents usually are, it is more likely that you are facing serious complications related to your injuries.
You may even experience delayed-onset symptoms, where the damage isn’t immediately visible.
Some common truck accident injuries
- Brain and head injuries
- Spinal cord damage
- Paralysis
- Neck injuries
- Back injuries
- Whiplash
- Broken bones
- Broken ribs
- Injuries to internal organs
- Lacerations and bruising
- Seat belt injuries
- Wrongful death
Watch for symptoms including dizziness, pain, nausea, headaches, difficulty swallowing, changes to your vision or hearing, body stiffness, numbness, and more.
What should you do after a truck accident in Elkhart?
In the immediate aftermath of an accident, things can be really chaotic and overwhelming. Sometimes, it’s all just a blur!
All accidents that involve semi-trucks are serious, and no one expects to find themselves in such a scary situation. One of the best reasons to have a lawyer go through your case with you is the fact that you won’t have to worry about trying to make informed legal decisions on your own while you are also trying to recover from your injuries.
After an accident, we recommend the following steps:
- Unless you are removed from the scene by emergency personnel, remain at the accident scene until police arrive. Provide a statement detailing the events leading up to the crash. Cooperate fully with officers to ensure the police report is accurate.
- Document evidence if possible. Take photos and videos of vehicle damage, road conditions, weather, and injuries. If you are unable to gather evidence yourself, ask a trusted friend or family member to do so. Evidence establishes key facts that your attorney can use later.
- Consult an experienced truck accident attorney when health permits. An attorney explains your legal options, navigates the claims process, deals with insurance companies on your behalf, and aggressively pursues maximum compensation through a lawsuit if necessary. Their expertise is invaluable after a serious crash.
Determining fault after a truck accident
It can be challenging for a layperson to navigate the regulations that govern commercial vehicles, which are determined by the Federal Motor Carrier Safety Administration (FMCSA). If you choose to work with a lawyer, make sure they have experience dealing with these guidelines.
An attorney’s responsibility: determining who was at fault
Your Elkhart truck accident attorney has a big responsibility. They will have experience and knowledge of how to both determine and then prove who was at fault. You may know who was at fault, but your lawyer’s job is to prove it!
In order to get compensation for what you have lost, your attorney will need to prove who was responsible.
In any accident, more than one party may be responsible. It’s not always true that one party bears 100% of the liability. This is certainly true for truck accidents.
The fault may lie in part or in full with:
- The truck driver
- The manufacturer
- The driver’s employer
- The owner of the truck
- The shipping company whose cargo was on the truck
- Third-party shipping contractors who were responsible for maintenance, repairs, inspection, loading, or leasing
- A municipality who was supposed to maintain the road where the accident took place
- The driver of the vehicle that was struck
- Multiple drivers at the same time
As you can see, liability can be complicated!
Indiana has a comparative negligence statute, which means that as long as you were less than 50% responsible for the accident, you can sue another party for damages.
The potential for a complicated assignment of liability is clear. If you choose Yosha Law Firm to represent you, we will collect the evidence, track down all liable parties, and hire expert witnesses to provide testimony that proves who was at fault.
Yosha Law Firm: Protecting accident victims in Elkhart
Our team works tirelessly to protect our clients’ rights. We want to see you get the justice you deserve, and we will walk with you every step of the way. You have survived something traumatic, and you need legal support from people who care.
You can trust us to fully investigate your accident so that we can learn every detail about what happened and who was at fault. We prepare every case to go to court. That way, if the other parties are not willing to provide a meaningful settlement, we are able to take the case before a judge or jury.
We don’t get paid for your claim unless you do
At Yosha, we only take cases on a contingency basis. This means that we don’t get paid for your claim unless you do. There is NO RISK for you, and you don’t owe us anything to get started.
When we win your case, your legal fees will be deducted from your settlement or court award. Otherwise, you owe nothing.
Yosha’s Elkhart truck accident attorneys are here for you
When you’re ready to talk about your accident, we’re ready to listen.
We offer a free case review to look at your unique situation and help you determine the best next steps. Reach out to us today to schedule that free consultation.
