18-Wheeler and Semi Truck Accident Lawyers in Fishers, Indiana

Fishers, Indiana is located just northeast of Indianapolis in Hamilton County. Named a “Best Place to Live in America” by Money magazine, the city has recently reached a population of 95,000. With vibrant marketplaces and an entrepreneurial community, Fishers is a desirable community for many.

Sadly, Fishers can also be a place where you could be involved in a semi-truck accident. If you or a loved one have been involved in a semi-truck crash, reach out to an experienced truck accident attorney today at Wilson Kehoe Winingham.

Fishers Truck Accident Statistics

The U.S. experienced almost 500,000 truck accidents in 2018, according to the latest data available. Trucking accidents are common in rural areas, accounting for 57% of crashes, like those surrounding Fishers.

Causes of Semi-Truck Accidents in Fishers

The majority of semi-truck accidents are the related to an action taken by the semi driver.

Common causes of 18-wheeler accidents include:

• Driver fatigue
• Driver while drinking or on drugs
• Distracted driving
• Driving too fast for conditions
• Hazardous lane changes
• Tailgating
• Not yielding
• Unsafe driving while in reverse

Common Injuries from a Semi Truck Accident

Given the sheer size of an 18-wheeler, accidents involving these trucks tend to be more serious. Injuries caused by semi-truck accidents may include:

• Back and neck injuries
• Brain injuries
• Spinal cord injuries and paralysis
• Lacerations and burns
• Amputations
• Internal organ damage
• Broken bones
• Plus, fatalities

What to Do if You Were Involved in a Truck Accident in Fishers, Indiana

Being in an accident involving a semi-truck is frightening. Assuming you are not severely injured, take the following steps following an accident:

1. Move to safety: Get yourself and any other passengers out of harm’s way and off the road. If your car can be moved, also move it from the line of traffic.
2. Report the crash: If anyone is seriously injured or has died in the accident, dial 911. Otherwise call state patrol or local police as applicable.
3. Identify the other parties involved: Be sure to take down as much information as you can, including the driver’s name and license info, insurance info, trucking company/employer info, etc. Gather any witness contact info too, if possible.
4. Document the scene: Take photos and maybe video of the property damage, the location, road conditions, etc.
5. Seek medical attention: It’s important to get checked out following an accident involving a truck. Injuries can crop up or worsen over time so get your current condition documented right away.
6. Contact a lawyer: You’ll want to work with a lawyer experiences in truck accident cases who can help you get the compensation you deserve.

Emergency Contacts in Fishers, IN

Emergency police or ambulance: 911

IU Health Saxony Hospital: (317) 678-2000

Ascension St. Vincent Fishers Hospital: (317) 415-9000

Fishers Fire Department Station 91: (317) 595-3200

Fishers Police Department (non-emergency): (317) 595-3300

Determining Fault and Negligent Party in a Truck Accident Case

Driver error often plays into the cause of a crash, but there are other potential contributors. Perhaps a mechanic didn’t repair a component correctly or the trucking company didn’t provide adequate training or looked the other way when drivers hit their legal drive time limits. An experienced truck accident attorney will know to look at all aspects of the case.

Types of Compensation and Repayment for Truck Accident Victims

The main types of compensation granted following a truck accident are economic damages and non-economic damages.

• Economic damages are quantifiable damages you have incurred or lost due to the accident. Examples include medical expenses, loss of wages and loss of earning capacity, or property damage.
• Non-economic damages are injuries that impact your quality of life. These may include pain and suffering, loss of companionship, or trauma.

In rare cases, punitive damages may be awarded, but only in cases where an act of “gross negligence” can be proven.

Filing a Truck Accident Claim in Fishers, Indiana

Working with an experienced truck accident lawyer at WKW is the first step to take towards getting maximum compensation following a crash. Commercial vehicles are typically backed by corporations with legal teams who will work to stop significant insurance claims from moving forward. Our attorneys have experience to walk with you through the process to gain full and fair compensation.

Gathering Evidence for a Truck Accident Case

Evidence in an accident involving a truck goes beyond what you would seek in a car accident. It’s important to secure the truck driver’s logbook to see their hours. Work history, personnel file and phone records would need to be turned over. And many trucks now have a “black box,” similar to what you hear about in plane crashes to help learn what happened leading up to the accident.

Negotiating a Truck Accident Settlement

Without the help of a truck accident attorney from WKW, you run the risk of not negotiating to get maximum compensation. Trucking companies have teams of lawyer working for them and their job is to push as low of a settlement number as possible to make your case go away. WKW truck accident lawyers take every factor of the circumstances into account and look at both damages that have been incurred as well as future damages to negotiate for. If you go it alone, you are very likely to leave money on the table that could have been awarded to you.

Benefits of Working with a Fishers Semi Truck Accident Lawyer

Having an experienced lawyer on your team should be a priority. Following an accident, you’re likely overwhelmed just trying to heal and get your life back to normal. A lawyer with experience handling semi-truck accidents knows what steps to take when and how to handle insurance adjusters. They’ll have the knowledge to fight for the best settlement amount possible.

What to Look for in a Truck Accident Lawyer

The main priority in selecting a lawyer to work with you is to find someone with relevant experience to your particular case. If you’ve been in a crash with an 18-wheeler, you want to work with a lawyer who has experience in this area. You also want to find someone with whom you have a good rapport as the case may take a while to complete. Lastly, be wary of any attorney who asks for money up front. Most truck accident attorneys will only accept a portion of the settlement amount as payment.

Working with WKW: What Can You Expect?

At Wilson Kehoe Winingham, we’re dedicated to helping victims recover from the damage done following a truck accident. We’ll listen to you and explain the process of filing a claim and either reaching a settlement or going to court step-by-step. After a crash, you need to focus on healing. We will be there to help with legal and insurance issues. There’s no need to do it alone.

Statute of Limitations for Semi Truck Accidents in Indiana

As per Indiana Statute 34-11-2-4, the state has a two-year statute of limitations on personal injury suits. The two years begins on the day or the accident.

Reach Out to Fishers Truck Accident Lawyers at WKW for a Free Consultation

The experienced truck accident lawyers at Wilson Kehoe Winingham offer a no-obligation consultation, serving clients in Fishers and the greater Indianapolis area. Since we work on a contingency basis, there is not out-of-pocket cost to you to hire professional help. Give us a call today at (317) 689=0654.

What determines whether my truck is repaired or replaced?

Insurance companies must follow state guidelines when they determine whether your car can be repaired or if it’s totaled. Indiana uses the total loss formula and sets its threshold at 70%. So, for a car or truck to be a total loss, the cost of repairs would need to be 70% or more of the cash value of the vehicle at the time of the accident.

What if I hit the other driver but it wasn’t my fault?

These cases happen, but they are rare and can be difficult to prove. If a driver acts in a careless or aggressive manner, their actions may cause you to swerve suddenly or not be able to stop in time if they’ve pulled in front of you and then slammed on their brakes. An experienced attorney will know to seek out any potential witnesses or road cameras to see if the incident was captured. Another option would be to work with a professional in accident reconstruction to help prove your case.

What are the 'Hours of Service' Regulations?

The trucking industry is regulated by the Federal Motor Carriers Safety Administration (FMCSA), which has the following Hours of Service regulations to help ensure safety:

 

• Drivers may not work more than 14 hours per day
• Drivers must take meal breaks or rest for a minimum of 3 hours per day
• At the end of a work day, a driver must take off 10 consecutive hours
• It is required that drivers have days off at regular intervals

 

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