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While accidents involving trucks routinely result in severe injuries and fatalities, most are preventable. According to the U.S. Department of Transportation, many trucking accidents are due to operator-related causes like driving while tired, distracted, impaired, or too fast for the road or weather conditions. Injured parties and their families must then face the fact that someone else’s negligence caused their injuries or, worse, the loss of their loved one.
If you or a family member has suffered injuries in an accident with a big rig, consider obtaining legal guidance from a dedicated South Bend truck accident lawyer. Our firm’s skilled attorneys have recovered substantial compensation for victims and their families and stand ready to help you with your claim.
Identifying Liability in 18-Wheeler Collisions
Tractor-trailer accident claims are generally based on negligence. To hold a truck operator, owner, company, or manufacturer responsible, the injured party must prove the following elements:
- The at-fault party owed a duty of care to the injured party
- The at-fault party breached that duty of care
- The breach directly caused the accident
- The accident caused the injuries and property damage
Drivers often question whether they are prevented from filing a lawsuit if they are partially responsible for the accident. Indiana follows the law of comparative negligence. As long as a driver is 50 percent or less at fault, they can recover compensation for their damages.
Proving negligence in a commercial truck collision can be especially challenging due to numerous state and federal safety regulations. An accomplished South Bend attorney experienced in personal injury claims could investigate the semi-truck wreck case and gather the evidence necessary to hold the responsible parties accountable.
Recovering Compensation After a Commercial Vehicle Accident
Drivers and passengers hurt in truck crashes are often left with debilitating injuries, some requiring ongoing medical care. In a truck accident lawsuit, the plaintiff may be able to sue for the following damages:
- Past and future medical costs expenses, including emergency room treatment, laboratory testing, and prescriptions
- Physical therapy and rehabilitation
- Mental health counseling
- Home health care
- Assistive devices like wheelchairs, walkers, and crutches
- Home and vehicle modification costs, like assistive driving equipment or ramps
- Lost wages and reduced earning capacity
- Pain and suffering
To recover the maximum compensation for injuries sustained in a trucking collision, it is essential to account for all the losses relating to the accident. For example, if someone injured in a big rig crash needs inpatient rehabilitation or ongoing home health assistance, a skilled South Bend attorney could include the projected cost based on the length of treatment and the level of care.
Contact a Reputable South Bend Truck Accident Attorney Today
Collisions with big commercial trucks can be life changing. People struggle not only with disabling injuries but also potentially devastating financial losses.
If you were in a collision with an 18-wheeler through no fault of your own, a qualified South Bend truck accident lawyer could help secure the compensation you and your family deserve. Our dedicated legal team could work to ensure that you do not have to take on the driver, the insurance company, or their attorneys on your own. Call now.
