Large commercial vehicles like tractor-trailers present a tremendous threat to drivers and passengers in standard vehicles. When an accident occurs, the outcome is often devastating, leaving victims and their loved ones reeling and wondering what their next step should be.
If you were harmed in a collision with a big rig, a Fort Wayne truck accident lawyer can tell you about your rights and options in Indiana. The insurance companies may already be offering you a quick payoff that is not in your best interests and will leave you without enough to cover your future expenses. Talk to us before you sign anything. We’re here to protect you.
At Yosha Law Firm, our commitment is to see that justice is served on behalf of our clients. If your life has been turned upside down due to a truck accident that was caused by negligence, let us fight for you.
How Much You Can Get in a Truck Accident Settlement
Every semi-truck accident claim is unique, but in general, the average cases involving trucks tend to settle for more than other types of accidents. This is because due to the sheer size and weight of these vehicles, the resulting injuries are often catastrophic, resulting in higher than average damages.
Truck accident claims often settle for tens of thousands of dollars, and these settlements and court awards can reach into the hundreds of thousands or even millions.
Whether a case settles for $10k or $10m will be determined based on the costs of the damages, the severity of the injuries, and the degree of fault of each party. Take a look at our case studies to see the outcomes of some of our recent cases.
Who You Can Sue After a Truck Accident Lawsuit in Indiana
Who you can sue after a semi-truck wreck in Indiana will depend on which party or parties contributed to the negligence that caused your accident. In truck accident claims, this can get tricky, because two or more parties could be at-fault. These could include:
- A truck driver who was behaving negligently
- A trucking company that didn’t follow Indiana’s trucking regulations
- A mechanic who failed to correctly inspect or repair a truck
- A manufacturer who failed to make sure the truck parts they produced were safe
Your Indiana truck accident lawyer will review the facts of your claim and make sure all responsible parties are held accountable.
Why You Need a Fort Wayne Truck Accident Attorney
Commercial vehicles haul all sorts of materials, some of which may be flammable or hazardous in other ways. Even without particularly dangerous cargo, trucks are dangerous to standard vehicles due to the immense size and weight difference.
Truck collisions are somewhat distinct from conventional auto crashes; therefore, it’s crucial to work with a skilled 18-wheeler attorney to handle the complicated procedure, which may involve several vehicles, stubborn insurance companies, police reports, accident reconstruction procedures, safety inspections, and witness testimonies.
A skilled, competent, and sympathetic Fort Wayne personal injury lawyer with experience in Indiana truck accident claims is essential if you’ve been hurt in a truck accident in Fort Wayne, Indiana if you want to receive the compensation you are due from the at-fault party.
For more information on what to do after a truck accident and how a truck accident lawyer in Fort Wayne, IN, may assist you in getting just compensation for your losses and damages, get in touch with us today! You will benefit from a free case evaluation and guidance on what to do next.
How Semi-Truck Drivers and Trucking Companies Can Be Liable in an Accident
The weight of commercial trucks often has a contributory role in causing an accident, which is why weight is regulated under Indiana Code §9-20-3.
Tractor trailers, for example, require tremendous stopping power that standard braking systems cannot provide. Still, a truck’s braking system can only be so effective if a truck is improperly loaded or beyond commercial weight limits.
In most cases, commercial truck accidents are caused by the following:
- Traffic law violations
- Driver error
- Driver fatigue
- Drowsy or impaired driving
- Improper use or failure to use the truck’s equipment
- Improper loading
- Improper maintenance
All of them are considered negligent acts by either the driver or their trucking company, potentially resulting in liability. In addition, if you were injured during a truck accident, an experienced Fort Wayne 18-wheeler crash lawyer could aid your recovery of compensation for your injuries.
You can rely on Yosha, Cook & Tisch law firm to conduct a complete investigation of your case and consult with authorities in engineering, transportation safety, and accident reconstruction to ascertain what caused your semi-truck accident.
Damages You Can Claim After a Semi-Truck Accident in Fort Wayne
Injured parties may obtain financial compensation for their injuries and property damage by one of two means: negotiated settlements and litigation. Unfortunately, insurance companies are notoriously difficult when negotiating fair settlement terms. However, an effective Fort Wayne truck wreck attorney may successfully negotiate a favorable agreement before trial.
The compensation available to injured parties is fairly comprehensive under Indiana law. Injured parties can receive compensation that covers their:
- Property damage
- Lost income and future earnings
- Pain and suffering
- Current and future related medical expenses, and
- Loss of consortium
While it is difficult to affix a financial figure to someone’s pain, the courts recognize pain as actual harm and worthy of compensation.
Our Fort Wayne injury lawyers can guide families who have lost a loved one in a truck accident in filing a wrongful death claim. According to current Indiana legislation, we could assist you in obtaining justice for your loved one and recovering burial and funeral costs in addition to other economic and non-economic damages.
Fort Wayne, Indiana, Truck Accident Claim FAQs
Do you sue the truck driver or trucking company after a semi-truck accident?
Truckers and trucking companies both typically carry their own insurance. So if you’re in an accident involving a semi-truck, who do you sue: the truck driver, the trucking company, or both?
After reviewing the evidence in your claim, your truck accident attorney may determine that you can sue the trucker, the trucking company, or another party. In fact, there may be more than one liable party in your claim. Who the defendants in your case will be will depend on a variety of factors, such as who the driver worked for and whether or not any regulations were violated.
Truck drivers and trucking companies can be held liable for accidents caused by driver negligence. For example, the company may have been negligent in hiring the driver to begin with, or the company may have failed to conduct appropriate drug or alcohol employee screenings.
Other parties, such as truck parts manufacturers and cargo loading companies, may also share some degree of responsibility in your accident. This would also make them legally liable in your claim. Your Fort Wayne truck accident lawyer will need to prove liability in order for you to seek compensation against a potential defendant.
Are truck accident attorneys expensive?
Personal injury attorneys like Yosha Law Firm are committed to justice, and that is why most truck accident lawyers work on a contingency fee basis. By only charging our clients a percentage of your settlement – and not charging you at all if you don’t win – we make justice accessible to all victims of injury in Indiana and not just those who can pay in advance.
It is a commonly believed myth that hiring a lawyer is too expensive, but the truth is, it may cost you more if you don’t hire an attorney. Studies have shown plaintiffs are more likely to get a settlement that is larger than they would have if they didn’t have a lawyer, and this is taking into consideration the lawyer’s fees.
To make sure you are compensated for all of your damages and you have enough money to protect yourself and your loved ones in the future, it’s in your best interest to have a truck accident lawyer if you’ve been in a semi-truck collision in Fort Wayne.
What are the biggest semi-truck accident settlements?
When you are involved in a truck accident claim in Fort Wayne, it’s normal to wonder how much compensation you may be entitled to. After all, your settlement could determine the course of the rest of your life. Because of this, you may be researching the outcomes of cases that are similar to yours.
The following results represent the outcomes of some of the largest truck accident settlements in the United States. As was the case with these settlements and court awards, the damages in your claim will be based on your overall losses, including your economic and noneconomic damages.
- $150 million for a 2023 fatal 18-wheeler accident that took the lives of two children
- $80 million in a case where truck driver negligence resulted in five fatalities
- $42 million to the widow of a man who was killed when a truck ran a stop sign
Why Work With Our Truck Accident Attorneys in Fort Wayne, IN?
Your truck accident attorney in Fort Wayne will begin looking into your case at no cost once you hire them. In addition, a predetermined portion of your settlement or court-ordered award will pay for our services if we successfully obtain compensation for you, so you don’t need to worry about upfront legal costs.
We will then take on your case and use all the legal tools to demonstrate the responsible party’s negligence. These tools and strategies include forensic investigators, who can gather evidence that will assist you in proving your case on time, accident reconstruction specialists, truck safety specialists, and more.
We Will Establish Liability for Your Fort Wayne Truck Accident
Commercial trucks are not owned and operated by the driver in most cases. Even in cases where they are, there is probably some separation between the driver and their business. Holding the correct party responsible can significantly affect a case based on insurance policies and capital available.
Because trucking companies are responsible for the actions of their drivers, it is possible to hold the trucking company responsible for the accident even when the wreck results from a negligent driver’s actions. For example, under the appropriate circumstances, the company may be held responsible for accidents resulting from negligent hiring, improper loading, poor maintenance, and overworked drivers.
There are extensive regulations, both state and federal, in place governing the operation of commercial vehicles. If a company has violated any of these regulations, it can easily result in liability. However, knowledge of existing regulations and the ability to obtain evidence to prove a violation is critical. A seasoned tractor-trailer accident lawyer in Fort Wayne may be vital for your claim’s success.
We Calculate Damages and Pursue Compensation
To ascertain the cause of your crash and who should be held accountable for it, we will consult our network of highly qualified experts in engineering, accident reconstruction, and transportation safety.
Moreover, to determine the damages you are due, we will review your medical records, speak with medical professionals, and take all necessary legal actions to ensure recovery. Finally, we will vigorously pursue a settlement with the insurance carrier (or the defendants’ lawyers) and be ready to go to trial if necessary.
We Will File Your Claim Before the Indiana Deadline
You normally have two years from the date of a truck accident to file a personal injury claim under Indiana’s statute of limitations. If a loved one was killed in the crash, you have two years from the date of the death to file a claim or lawsuit.
You risk losing your right to compensation if you don’t comply with this. Your attorney will require some time to investigate and prepare your truck accident claim; therefore, it will be to your advantage to seek an experienced semi-truck accident lawyer in Fort Wayne as soon as possible.
Schedule a Free Consultation With a Fort Wayne Semi-Truck Accident Attorney
Collisions with big rigs can result in catastrophic harm or even death. Fortunately, a Fort Wayne truck accident lawyer could review your case, gather essential evidence, and put together a strong claim for damages.
Call our office today to schedule your free initial consultation! You don’t need to fight the insurance companies on your own during this already stressful time. We have the knowledge of Indiana law and the legal experience to take the insurance companies on for you.
Our Fort Wayne Truck Accident Lawyers Are Ready to Fight For You
At Yosha Law Firm, we have helped many victims of truck accidents and their loved ones to recover financially after a tragedy. We understand how you feel during this devastating time, and we know how to help you move forward.
Right now, you might feel like life will never go back to normal. Though no amount of money can undo what has happened to you, you may still be entitled to full and fair compensation under the law. Our expert team of legal professionals are here to fight for your brighter future and make sure your voice is heard.
Let us know what’s happened to you and get a free case evaluation as your first step toward justice. Our truck accident lawyers in Fort Wayne are ready to fight for you and make sure justice is served in your Indiana semi-truck collision claim.