Weighing in at up to 80,000 pounds, an 18-wheeler truck can cause catastrophic damage to people and property. Of the approximately 117,000 18-wheeler accident claim reports submitted per year, a staggering 5,000 result in fatalities.
If you’re wondering, “Can you sue for an 18-wheeler accident in Indiana,” the answer to that question depends on a variety of circumstances. However, you may be able to file a negligence truck driver lawsuit if another party caused the accident.
How Liability Is Determined in 18-Wheeler Accidents
According to current Indiana law, you can file a semi-truck accident lawsuit against someone as long as you are less than 50% at fault for what occurred.
The biggest challenge with determining fault in an 18-wheeler accident is that multiple parties can be involved. For example, in a passenger car crash, you’ll most likely file a lawsuit against the other driver (though there may be exceptions).
With a commercial truck crash, however, the truck driver might not be the person you want to hold liable. The employer, the truck manufacturer, or even a seemingly random third party could share the blame.
Potential liability for a truck accident could include:
- Truck drivers: If the driver was negligent due to speeding, driving under the influence, being tired, or failing to follow safety regulations, they could be fully or partially liable.
- Trucking companies and employers: A company can be held liable for the actions of negligent employees. Further liability can be assigned if the company didn’t train drivers properly, maintain the trucking fleet, or pressured drivers to meet unrealistic deadlines.
- Vehicle manufacturers: If a defective part caused the accident, such as faulty brakes or tires, the part manufacturer could be liable.
- Other third parties: Maintenance companies, loading companies, other drivers, and even a government entity that failed to maintain a road could be found at fault.
Because these cases can become so complex, it’s highly recommended to seek Indiana accident legal counsel from a commercial vehicle accident attorney.
Indiana Truck Accident Compensation
After getting an answer to the question of: Can you sue for an 18-wheeler accident in Indiana, the next question is often how much can be recovered.
While every case is different, the following forms of compensation may be available:
- Medical expenses
- Ongoing medical treatment
- Lost wages
- Future lost earnings
- Pain and suffering
- Property damage
- Wrongful death benefits
Most likely, you’ll be dealing with an insurance company to argue who is at fault for the accident, the apportionment of blame, and the actual money damages available. An attorney is a valuable resource to ensure that your legal rights are protected.
How a Semi-Truck Accident Attorney Can Help
Suing for an 18-wheeler accident involves navigating complex legal and regulatory frameworks. A semi-truck accident attorney is instrumental in building a successful case in the following ways:
- Investigate the accident and gather evidence to accurately assign liability and support your version of events.
- Work with accident reconstruction experts and other consultants to determine liability.
- Negotiate with insurance companies to secure a fair settlement that accurately reflects your physical, emotional, and property damage.
- Represent you in court if settlement talks fail and your case ultimately goes to trial.
Contact an Experienced Indiana Semi-Truck Accident Attorney
At Tabor Law Firm, we aim to protect truck accident victim rights and hold negligent parties accountable for their actions. We understand firsthand how challenging it can be to recover both physically and financially from an 18-wheeler truck accident, and we are here to help at every step of the way in a negligent truck driver lawsuit.
For experienced trucking accident legal representation, call us at 317-236-9000 or contact us online to schedule a free consultation.
