Shelbyville Truck Accident Lawyer

Driving on the road is an everyday task for many Indiana residents, but that does not make it any less dangerous. Along with normal cars, our state sees a large number of passing semi-trucks carrying cargo across the country.

These trucks are bigger than normal cars and harder to control, meaning crashes can be more severe and involve more liable parties. If you are injured in a truck accident in Shelbyville, IN, you should hire a lawyer to pursue damages.

Hiring a Shelbyville, Indiana Truck Accident Attorney

Wilson Kehoe Winingham’s experienced big rig crash attorneys can help you in a variety of ways from the beginning to the end of your case. Below are some of the main functions of a truck accident lawyer.

Conducting an Investigation

Your Wilson Kehoe Winingham Shelbyville truck accident attorney will start investigating the accident scene as soon as possible following the accident. Experienced lawyers can help you collect and gather the necessary evidence to build a strong truck accident claim.

The insurance company and police will have their own reports, so it’s a good idea to gather as much information as possible on your own. Otherwise, if the police or insurance company misses certain key details, it may be more difficult to prove that another party was at fault.

Without a proper investigation, responsible parties may be able to minimize their liability, thus offering you less benefits.

Helping Determine Fault

One of the most difficult parts of a truck accident is determining which party is at fault. Unlike normal passenger car accidents, truck accidents involve more than just two drivers. The trucking company, truck manufacturer, tractor-trailer owner, or another party could all share responsibility for the crash.

An experienced Shelbyville truck accident lawyer can not only provide a clear picture of what happened, they can also help you prove it to the insurance companies. Knowing the legal processes and language helps immensely, especially if your case goes in front of a judge. Even though most lawsuits will end in a settlement, the ones that go to trial can be the most rewarding.

Dealing Directly With Insurance Companies

Soon after a truck accident, the insurance companies will begin their investigations. They will do whatever they can to minimize insurance payouts and reduce their liability. They might make you insufficient offers or try to argue that the accident was in some way your fault.

Even though insurance companies provide coverage, you are not their client. They are trying to save themselves as much money as possible and protect their clients at the same time.

Intimidation tactics do not work on experienced lawyers. We have deep-rooted connections throughout the area that we can leverage to protect our clients and ensure we get the right information from the experts.

Speaking directly to the insurance companies—instead of having a lawyer represent you in these conversations—can end in you not getting the full amount of compensation you deserve.

What Causes Truck Accidents in Shelbyville, Indiana?

Many different factors can lead to a car accident in Shelbyville, Indiana, but there are some common scenarios.

• Distracted driving: Texting, eating, singing, talking, checking the GPS, changing the radio, it doesn’t matter. Anything that leads a truck driver to look away from the road at the wrong time can result in a serious accident.
• Poor vehicle maintenance: Mechanical issues can lead to collisions. This includes things that are not the error of a driver, like a tire blowout or defective brakes.
• Tired driving: When drivers get fatigued or drive too long without taking a break, they may start to get tired. The increased level of awareness necessary to drive a large truck is not easy to maintain when exhaustion sets in. This can lead the driver to make mistakes or miss important road signals.
• Speeding/aggressive driving: When a truck driver needs to meet a certain deadline, they may speed to make up for lost time. Combined with increased stopping time, truck drivers may not be able to avoid a crash when the flow of traffic slows in front of them.
• Inexperienced drivers: Trucking companies are responsible for training their drivers to properly handle large commercial vehicles. If an inexperienced driver is operating a truck in an environment they aren’t prepared for, it can result in a jackknife or rollover accident.

Most truck accidents occur from preventable causes, such as distracted or tired driving. Proving that the crash was a result of the other party’s negligence is how you receive compensation. Even in cases where there was another external cause that was difficult to avoid, it is still possible for the victim to recover damages.

Recoverable Damages After a Shelbyville, IN Truck Accident

Compensation in a truck accident settlement is divided into two main categories: compensatory and punitive. Compensatory damages are much more commonly awarded and cover anything which will ultimately benefit the victim.

Compensatory damages are even further divided into economic and non-economic damages. Economic, referring to expenses associated with the accident which come with a price or quantity, and non-economic representing more subjective damages which must be determined through negotiations.

Economic damages include medical costs, lost wages, and other fees. Non-economic damages include things like emotional pain and suffering, decreases in life enjoyment, and loss of companionship.

Truck Accident Laws

Three of the most important legal aspects surrounding truck accident settlements in Indiana include the following:

1. Statute of limitations: Truck accidents are grouped in with personal injuries, meaning from the day of the accident, the victim will have exactly two years to file a truck accident lawsuit.
2. At-fault laws: Indiana is considered an “at-fault” state, which means that in any car crash, somebody will be held responsible for the damages. Drivers are required to have insurance because they must demonstrate financial competence in the event that they are found to be responsible for an accident.
3. Comparative negligence: Essential in determining fault and compensation, comparative negligence divides fault into percentages between liable parties. The compensation that the victim receives will be reduced by a rate based on the percentage of the fault they had in the accident.

If you’re recovering from a truck accident, hire a lawyer to properly assign and prove fault within the legal time constraints. A Wilson Kehoe Winingham attorney will not only make your life easier, they will also likely fight for a higher settlement value, resulting in more money for you.

How Much Is My Shelbyville Truck Crash Case Worth?

The value of a truck accident settlement depends on the specific situation. Because benefits are determined on a case-by-case basis, we cannot give you an accurate estimate of what your case might be worth.

However, we can tell you that truck companies often have large insurance policies to protect their property and account for the amount of damage they can cause. The fact that multiple parties can be responsible for your injuries may also result in greater compensation if they each played a role in causing the accident.

Feel free to reach out to us for a free consultation on your case. While we cannot provide a blanket statement about settlement worth, with more details, we may be able to give you an estimate for your situation.

Filing a Truck Accident Claim

As stated, if you were in a truck accident at the fault or negligence of another party, you may be eligible for financial compensation. To receive this compensation, you will need to file a truck accident claim with the insurance company of the at-fault party.

In this claim, you will include a detailed account of what happened and the damages for which you believe you deserve compensation. The claim is where you prove that the other party was responsible.

Reliable Shelbyville, Indiana Semi-Truck Accident Attorneys at WKW

Filing a truck accident claim can be difficult, especially if you are recovering from your injuries at the same time. When suffering through physical and emotional pain, you do not want to further burden yourself with the financial and legal aspects of a car accident case. Hiring a knowledgeable Shelbyville semi-truck accident lawyer allows you to focus all your energy on your recovery while we do everything else.

Contact Our Shelbyville Truck Accident Law Firm Today

Wilson Kehoe Winingham has been serving Indiana residents like you for more than three and a half decades. If you live in Shelbyville and need legal representation in your truck accident case, reach out to our law firm for assistance. We will set aside our time and resources to help you in your time of need. Just as insurance companies look out for their clients, we look out for YOU.

Not to mention, if you don’t get a settlement or win your case in court, we don’t get paid. So you can be confident that we give every case our all. This contingency-based fee structure ensures we are invested in our clients and that we will look out for them as we would for ourselves.

Whether you are looking for a consultation or a legal team, fill out the online contact form on our website to get in touch with our experienced attorneys. The sooner you get started, the less time you will have to wait to get the compensation you deserve.