It is analogous to a David and Goliath story, but when passenger vehicles tangle with 18-wheelers on the highways and streets of Indiana, David never emerges victorious. Once the dust clears however, you will find yourself in an entirely new world of police reports, court appearances, as well as the myriad of factors that impact the victim of a truck accident.
Understanding your rights in such a position is critical to ensure your financial future in the aftermath of a truck accident. Always remember that trucking companies and their cadre of lawyers who will work overtime to limit or decline your claim all together.
Speaking with an attorney that specializes in truck related accidents is your first line of defense when it comes to defending your claim of negligence on the part of truckers and the companies that employ them to drive on the road. Proving negligence in a truck accident can be a challenge, but having a seasoned legal team on your side will help level the legal playing field.
Potential Causes of Trucker’s Negligence
An array of negligent issues might be the root cause of your truck accident, and it is well known that the industry is required to maintain studious safety and maintenance records regarding their truck fleet. Moreover, drivers are mandated to adhere to strict sleeping/rest schedules as part of their route, and are routinely tested for the use of illegal or enhancement causing drugs. Finally, there is a science to loading big-rig trucks, and when that science is violated, typically by overloading the vehicle, accidents rates raise precipitously.
One of the first things that accident investigators look for in the aftermath of an 18-wheeler accident is for signs of negligence in the operation of the truck. Here in Indiana, establishing negligence for a trucker or trucking company following an accident requires the establishment of four legal factors:
- Duty—the operator has the legal duty to ensure that you are not injured owing to their negligence.
- Breach—occurs when the operator fails to act to rectify issues, or acts in a negligent manner.
- Cause—their action or inaction caused the accident and your resultant injuries.
- Damages—are sustained of an economic or non economic matter and can be proven in court.
If, as a result of an accident with a big-rig truck in Indiana, you have legal options to help recoup your losses and get on with your life, so speaking with an attorney with expertise in this area of the law is very important.. Truckers who share the road with you owe a legal duty to ensure that their actions, or inaction, will not cause you injuries, and having a competent legal team on your side gives you the leverage needed to file a valid claim in court.
Proving Negligence in a Truck Accident
As mentioned, proving negligence in a truck accident can be a difficult proposition, but your personal injury attorney will deploy their legal talents and resources to help prove your case. From parsing through maintenance records to interviewing witnesses to scouring pertinent police records regarding the truck accident, your legal team will adopt a multi pronged attack to help prove that your injuries were the result of a company’s negligence.
Knowing when to press your advantage in court, or accepting a valuable settlement before entering the courtroom is what experienced attorneys do when fighting a personal injury case on your behalf. This allows you to take the time you need to recuperate from your injuries.
It is easy to fall into the trap of accepting a low-ball offer just to get on with your life and meet your immediate economic needs, but an experienced attorney has seen the long term problems associated with this type of accident are severe, and your lawyer will help you navigate these common negotiating traps.
Call an Expert Legal Team Following Your Truck Accident
If you or a loved one has been involved in an accident with a big-rig truck, your life will be altered in fundamental ways that you probably cannot even begin to imagine. For that reason, having a dedicated legal team by your side will greatly assist in your efforts to receive the just compensation that you or a family member is entitled to after an accident. Here at Stephenson Rife, we specialize in accidents involving big-rigs, so we are well poised to begin representing you immediately following an accident.