What Happens After Your Loved One Gets Killed or Injured in a Trucking Accident in Indiana?
Experiencing the injury or loss of a loved one due to a trucking accident is an incredibly distressing and overwhelming event. Not only are you left dealing with the emotional shock and grief, but there’s also a myriad of legal issues that you are expected to navigate. At the Indianapolis personal injury law firm Lee Cossell & Feagley, we aim to provide some clarity to help you understand what to expect, and how you can protect your rights in the aftermath of such a tragic incident.
First Steps to Take After a Trucking Accident
If you find yourself in this unfortunate situation, your initial actions play a significant role in what comes next. There are some steps you should take immediately following the accident:
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Report the accident: Inform the authorities immediately and ensure a formal accident report is filed.
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Get medical attention: Seek medical help, even if the injuries seem minor. It’s essential to document all injuries from the outset for future claims. If the injuries seem severe, don’t hesitate to call 911 or accept an ambulance ride to the hospital. The health of your loved one should come first above all other considerations.
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Document the accident: If possible, take pictures of the accident scene and get the contact details of any eyewitnesses.
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Consult a personal injury attorney: Get legal advice before speaking to insurance companies. An experienced attorney will guide you in avoiding statements that could compromise your claim.
Legal Proceedings
Once immediate actions are taken, you’ll need to initiate a legal process if you want to seek compensation for your losses. Indiana operates under a “fault” system in vehicle accidents, meaning the person responsible for causing the accident is also responsible for any resulting harm or damage. In the context of a trucking accident, several parties could potentially be at fault, including the truck driver, the trucking company, or the truck manufacturer. Legal help is often critical to identifying the responsible party or parties and pursuing the appropriate claims.
Filing a Personal Injury or Wrongful Death Claim
If your loved one is injured, you may be eligible to file a personal injury claim. If, unfortunately, your loved one has passed away, a wrongful death claim might be more appropriate. These lawsuits are complex, and typically involve proving the following:
- Duty: The defendant owed a duty of care to the injured party.
- Breach: The defendant breached that duty.
- Causation: This breach directly resulted in the accident.
- Damages: The accident caused significant harm or damage.
Determining Liability
Liability in a truck accident can be complicated as it may lie with multiple parties:
- Truck Driver: If the driver was negligent (e.g., distracted driving, speeding, fatigue), they could be held liable.
- Trucking Company: The company might be responsible if they neglected to properly train the driver, enforce safety protocols, or maintain the vehicle.
- Truck Manufacturer: If the accident was due to a faulty part or mechanical failure, the manufacturer could be held accountable.
How Lee Cossell & Feagley Can Help
Our experienced team of personal injury attorneys at Lee Cossell & Feagley can provide the legal guidance you need in this difficult time. We have an in-depth understanding of Indiana’s laws surrounding trucking accidents and have a strong track record of helping victims and their families receive the compensation they deserve.
We will carry out a thorough investigation, determine liability, and handle all negotiations with insurance companies, allowing you to focus on recovery and healing.
Remember, the time to act is limited. In Indiana, the statute of limitations for personal injury and wrongful death claims is generally two years from the date of the accident. We urge you to contact us as soon as possible to ensure your rights are protected.
During these challenging times, we stand by your side, providing the support, compassion, and legal expertise you need. Please feel free to reach out to us at any time; our team is ready to help you navigate this complex process.
