Semi-trucks are an essential element of commerce in the U.S., but they are also often a safety concern on our roads. In 2018, the latest data available, there were almost 500,000 trucking accidents in the U.S. In terms of location, rural areas, like those surrounding Lawrence, accounted for 57% of truck crashes. In Indiana, truck accidents accounted for 10% of all traffic fatalities.
Truck accidents are frightening and traumatic. Just given the sheer size of semi-trucks, significant injuries or even fatalities are often a result. If you’ve been involved in a truck accident, you are likely feeling overwhelmed while dealing with your recovery, a potential loss of work, and mounting medical bills.
If you are the victim of a semi-truck crash, an experienced truck accident attorney at Wilson Kehoe Winingham can help you get fair and full compensation to help you get your life back on track.
The city of Lawrence is a growing community located northeast of Indianapolis in Marion County. Just ten minutes from Circle Center in downtown Indianapolis, Lawrence offers the convenience of “big city” amenities while retaining a more laid-back, suburban feel. The city is proud of its 1,700-acre Fort Harrison State Park and golf course developed from land that had previously been used for military training exercises. But even in a bucolic setting like Lawrence, truck accidents can happen that result in the need to engage a lawyer.
The volume of semi-trucks passing through the heartland of Indiana is significant, which means that, unfortunately, the state is home to semi-truck accidents. Common accidents involving 18 wheelers include the following:
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.
Given the size of 18 wheelers, truck accidents can be especially devastating. It’s almost always the car driver and any auto passengers who fare the worst with either injuries or property damage. Gathering evidence after an accident is crucial in showing liability to gain compensation. There are a number of items an experienced truck accident attorney will pursue. These can include:
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. The party responsible for the truck accident could be someone you’ve never even heard of. The experienced Lawrence truck accident lawyers at WKW will know to look at all aspects of your case.
Damages from truck accidents generally fall into two main categories: economic damages and non-economic damages. In rare cases, punitive damages may also be sought, but you must prove “gross negligence” to receive this type of damages.
Economic damages are losses sustained due to the accident with a set dollar amount attached to them, such as medical expenses, lost wages, and property damages.
Non-economic damages are losses that affect your quality of life but are not items that have a direct monetary value. These can include loss of companionship, pain and suffering, trauma, and Post-Traumatic Stress Disorder.
Working with an experienced truck accident lawyer increases your odds of getting a full and fair settlement. Experience is key in obtaining the largest settlement possible. The truck accident lawyers at WKW have what it takes to negotiate with the team of lawyers working for trucking companies and insurance adjusters. We are local and have helped numerous clients obtain favorable results to help get their lives back on track. And since we’re located right here in Lawrence, we can meet at a location that’s convenient for you.
From a legal standpoint, any individual may file a claim on their own in Indiana. But we definitely don’t recommend it—especially with a truck accident, as they are much more complex than a typical “fender bender” auto accident. You are almost guaranteed to recover a much lower amount of damages on your own than if you’d worked with the Lawrence truck accident lawyers at Wilson Kehoe Winingham.
Accidents are scary, and being involved in a semi-truck accident can be terrifying. Following an accident, if you’re able, do the following:
The lawyers at WKW are here to help if you’ve been involved in a Lawrence trucking accident. Filing a claim is more complicated when a corporate trucking agency with a team of lawyers is involved. Their job will be to minimize the size of your settlement, plain and simple. Our truck accident lawyers have the experience needed to pursue a full and fair settlement for you.
At Wilson Kehoe Winingham, we’re here to help so you can focus on healing. After a semi-truck accident, the last thing you need is more on your plate. As medical bills pile up and anxiety builds about not being able to work, let us work with you step by step to gain the compensation you deserve. We will take the lead on negotiating with adjusters at the appropriate time on a schedule that’s most beneficial to you, not the trucking company attorneys who will want to wrap things up as soon as possible.
With decades of experience in truck accidents and injuries, the attorneys at Wilson Kehoe Winingham can help you get the compensation you deserve. Don’t make the mistake of going it alone when our lawyers are right here in Lawrence, IN, and ready to help.
The Lawrence truck accident lawyers at Wilson Kehoe Winingham are here for you. While you focus on healing, we’ll have your interests at the forefront as we negotiate for the best settlement possible. Our free, no-obligation consultation provides an opportunity to see how we can help. Call our office today to learn more at (317) 689-0654.
Unlike many car accidents, trucking accidents tend to be very complex, and determining all the negligent parties takes knowledge and experience. Some of the parties responsible could be entities you’ve never heard of or were nowhere near the scene.
Mechanical or manufacturing negligence: In the example of brake failure, the truck driver may lose control of the semi, but it’s not the driver’s fault that the brakes failed. It could be a mechanical oversight or faulty equipment.
Trucking company negligence: It’s a sad fact that some trucking companies follow unethical or illegal practices to cut corners and save money. This can lead to dangerous driving conditions for everyone on the road. For example, if the company looks the other way when their drivers go over federally mandated hour caps, fatigued driving as the cause of a crash may also be the fault of the employer.
Truck driver negligence: Most trucking accidents involve driver error on some level. Depending on the insurance coverage, the trucking company may have some vicarious liability for the accident.
Each state has a limit on when a lawsuit can be filed, known as the statute of limitations. Indiana Statute 34-11-2-4 allows for a two-year statute of limitations on truck accidents, meaning you have two years to file a claim. This time period starts on the day of the accident.
From a legal standpoint, there is nothing in Indiana that requires you to hire an attorney to file a claim. However, if you choose to handle it alone, you are almost guaranteed to leave cash on the table. Why? Because trucking companies have teams of lawyers who toil away to prevent large payouts.
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