Indianapolis Semi Truck Accident Attorneys Answer Frequently Asked Questions

FAQS

Why are truck accidents more likely to cause serious injury or death than automobile crashes?
Semi-trucks weigh up to 80,000 pounds loaded and because they carry chemicals or flammable liquids, they may also cause burns or explosions. When a truck driver, required to be a professional driver, is inattentive or loses control, the damage is typically even more catastrophic than a car collision.
All three of these elements must be proven by an expert witness.
What are some of the most common causes of truck accidents?

The Federal Motor Carrier Safety Administration’s study lists the top 5 causes of semi-truck accidents as:

  1. Prescription drugs or illicit drugs affecting the truck driver’s reaction time;
  2. Speeding;
  3. Not being familiar with the roads
  4. Over-the-counter medications
  5. Failing to check all sides of the vehicle before making a turn.

Surprisingly, driver fatigue is not in the top 5.

How do I recover compensation for damages in a trucking accident case?

The first step is to get the advice of an Indiana truck accident lawyer. It’s best to do this before filling out any forms for an insurance company. Insurance companies are going to protect their interests first. A lawyer will review the facts of your case and help you determine whether a legitimate claim exists, and if it does exist, file it in court.

How long do I have before I need to file litigation for my truck accident in Indiana?
In Indiana, in most cases, there is a 2-year period for filing a suit for personal injury or wrongful death due to the negligence of another.

The 2-year limitation starts with the date of the accident.

It is important, though, to initiate the claim quickly so that your attorney can begin collecting evidence and interviewing witnesses while the evidence and memories of the witnesses are fresh.

Are truck accidents treated differently under the law than automobile accidents?
While the principles of negligence are the same, there are some specific federal and state laws that apply to truck accident lawsuits that do not apply to car accidents. The Federal Motor Carrier Safety Administration regulations govern all trucks engaged in interstate traffic. These regulations have special requirements for trucking companies and truck drivers that do not apply to people who drive ordinary passenger cars.
What special laws apply to truck accidents?
There are special laws and regulations to protect motorists from negligent truck drivers. Federal and state regulations require truckers to have adequate rest to prevent driver fatigue. There are also rules on proper loading, speeding and passing other vehicles.
Who can pursue a trucking accident claim in the event of serious injury or death?
A claim can be brought by anyone who is injured or had a loved one killed.

This includes adults and children and even truck drivers if another person was at fault for the accident.

How long does it take to complete a trucking accident claim?
Because trucking accident cases are so complicated and the stakes are so high, these cases can often take years to complete. However, other cases can be resolved quickly, sometimes in a matter of months.

The truth is, it depends on the facts and circumstances of each case.

How much does it cost to hire an attorney to investigate a potential trucking accident claim?
Reputable lawyers do not charge a fee up front or make you pay for case expenses out of your pocket.

Indiana attorneys are allowed to advance all your case expenses and charge a percentage of whatever money you are awarded, usually about 33 1/3 -40%. If you do not receive any compensation, neither does the attorney – you will owe nothing.

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SUCCESS STORIES

Nate consulted with medical experts, dug in and proceeded with the civil suit. I remember him telling me several times that [my wife’s] story was compelling and was deserving of his team’s full commitment and skill. We eventually settled before trial and were thrilled with the results, we felt justice prevailed. Nate was patient, thorough and a trusted advisor to us through this.

–T.H.

He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband. Now, he will be taken care of for the rest of his life.

–T.R.

Scott did a truly amazing job for us. It was not just about the legal work; he was there for us every step of the way. From rehab, through settlement and even making sure appropriate financial arrangements were in place for the future. He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband.

–T.R.

Belinda was very responsive. I am very pleased. They are great at what they do.

–L.H.

Mike Miller and the firm were all excellent to work with and were extremely professional.

–C.M.

We worked with Brad Kallmyer who was phenomenal. He listened well and was very thorough and professional. I give all the credit to Brad. The staff was very kind, very understanding. They made my mom feel important. Brad’s integrity and the firm came through for us. They were great.

–C.M.

Words cannot express how tremendously grateful my husband and I are to Nate and his team during the most difficult times in our lives. He walked us through every step with the up most respect, never hesitating to answer any and all questions, or simply giving us a word of encouragement. It was a relief to know that he was always on our side, fighting for our case and believing that it was worth fighting for.

–C.L.

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