Commercial Truck Accident FAQ

August 22, 2018 | truck accident

At any given moment, there are thousands of large, commercial trucks moving cargo from one place to another on Indiana’s roadways. Unfortunately, all of this activity means that commercial truck accidents are bound to happen, often resulting in serious injuries to innocent motorists. Many truck accident victims come to us scared, confused, and uncertain about what’s going to happen next. Here are answers to some of the most common questions we hear from truck accident victims. For more information, call the Fountain Law Firm at 1-888-242-HURT (4878). Speak to one of our Indianapolis truck accident lawyers, we offer free consultations and are available to take your call 24/7.

Can I Recover Compensation for My Commercial Truck Accident?

The first thing that many truck accident victims want to know is whether they have a case. After a truck accident, you’re likely facing enormous medical bills, an inability to work, and a totaled vehicle. In addition, you are almost certainly experiencing significant physical and emotional pain and suffering. These are all compensable losses, and it is only natural that you want to know whether you will be able to recover compensation.

Under Indiana law, if another person’s negligence caused your truck accident, you’ll probably be able to recover a settlement or award. Examples of negligent conduct that often results in serious commercial truck accidents include the following:

  • Speeding
  • Distracted driving
  • Noncompliance with federal hours of service requirements
  • Driving under the influence of drugs or alcohol
  • Ignoring adverse weather conditions
  • Failing to adequately maintain a vehicle
  • Hiring unqualified drivers

Who Is Liable? The Truck Driver or the Trucking Company?

The answer to this question depends on the specific facts of your case, but generally, trucking companies are liable for the negligent acts of their truck drivers under the legal doctrine of respondeat superior. Because of federal regulations, this is true whether the truck driver is a true employee of the trucking company or an independent contractor “owner-operator.”

How Much Is My Case Worth?

Every truck accident case is different. The amount of compensation you recover will depend on many factors, including the extent and severity of your injuries, your medical prognosis, your occupation, your age, and whether you were partially at fault for your accident.

When Should I Retain an Attorney?

You should retain a lawyer as soon as you can after a commercial truck accident injured you. The longer you wait, the greater the chance that evidence that is important to your case is lost or destroyed. In addition, when an attorney is not representing you, there is a chance that you will say or do things that can hurt your chances of recovering the full value of your claim. Finally, waiting too long to file a claim can even result in a judge throwing your case out entirely.

Call Indiana Personal Injury Attorney Merry Fountain Today for a Free Consultation

Indianapolis personal injury lawyer Merry Fountain is a skilled injury advocate. If you are looking for a truck accident law attorney in the greater Indy area—Indianapolis, Carmel, Fishers, Westfield, Zionsville, Brownsburg, Avon, Kokomo, Lebanon—she’s here to help. Call her anytime at 1-888-242-HURT (4878), or simply click Tell Us About Your Case for a free consultation.