If you have been involved in an accident with an eighteen-wheeler, odds are your injuries may be severe. You might be wondering how a personal injury settlement may be reached when dealing with the at fault party’s insurance company. The seriousness and subsequent damages frequently determine the settlement amount you may be awarded.
You may be surprised to hear that new statistics were released showing that Indiana is the eighth worst State for deadliest trucking accidents according to National Start Route. That means Indiana drivers need to be more vigilant when traveling our roadways. The early release of 2021 data from NHTSA indicated that fatalities were 13 percent higher than in 2020. This is a startling statistic that indicates that your probability of being involved in an accident with an eighteen-wheeler has increased in the past two years.
Who is responsible for my damages after a truck accident?
If you or a loved one were recently involved in an auto accident with an eighteen wheeler you may be wondering who is responsible for your medical damages and lost wages. Simply put, the at fault party’s insurance should be responsible for damages, however initially that is not the case. If you seek medical treatment, be sure you are using your health insurance and any applicable medpay.
Although you are not at fault for the truck accident, you are still responsible for your medical bills. By speaking with an Indianapolis trucking accident attorney, they can explain in detail how to proceed with your claim while making sure your medical bills are not sent to collections. Once your claim is able to move forward all expenses, medical or otherwise, will be presented to the insurance company’s adjuster to be evaluated for settlement.
Often an investigation needs to be completed to ensure that all parties have been notified and placed on notice of the claim. When dealing with eighteen-wheelers, there are often multiple defendants. There may be insurance on the truck but also on the trailer as well as for the owner/operator. It will also depend on whether or not that person was working at the time of the accident, in which there could be additional insurances. Having an attorney to help investigate the claims process ensures you are not missing out on compensation from all wrongdoers.
How long does it take to settle a case against an eighteen-wheeler?
There are several factors that go into a timeline of when a case will settle. A typical case timeline includes:
- Hiring a personal injury attorney
- Presenting for medical treatment
- Release from medical treatment
- Gathering of all medical documentation
- Preparation of packet for claims adjuster
- File suit- should the case not settle with traditional negotiations a lawsuit must be filed.
In many cases trucking accident attorneys are able to resolve these matters without protracted litigation, but there are some instances where a lawsuit needs to be filed. The reason for a lawsuit to be filed may be:
- A Liability dispute
- Multiple Claimants/Defendants
- Statute of Limitations is Close to Running
Although there are many other reasons for a lawsuit to be filed, those are the most common. Speaking with an Indiana trucking accident attorney can help make sure your rights are protected.
What should I do following an accident with an eighteen-wheeler?
Do not wait to call a trucking accident attorney after an accident. It is important that certain evidence is preserved following the crash. The eighteen-wheeler needs to be inspected prior to being destroyed or fixed, as well as your vehicle.
Immediately following the accident, you should do the following:
- Seek medical care
- If able, take photos and videos of the accident scene
- Obtain witness names and phone numbers
- Report the accident to your insurance company
- Refuse to give a recorded statement to any and all insurance companies
- Refuse to sign any documents
- Call a trucking accident attorney
Without properly placing the defendants on notice, you may lose out on collecting evidence. It cannot be stressed enough how important it is to seek counsel as soon as possible so that the proper steps are taken early on in the investigation.
What if the trucking company denies my claim?
There are many cases where a trucking company denies a claim. In those cases, some people just give up, but the best thing you can do for yourself is seek counsel. An attorney will review the case facts and all evidence available before filing the lawsuit. Once a lawsuit has been filed, your attorney can conduct discovery to help build the case. The burden of proof is on the plaintiff, meaning that you have to prove the other party is at fault for the accident. This is not something that would be recommended for you to handle on your own. You need experienced and trusted legal representation.
Our Indiana Trucking Accident Attorneys Can Help TODAY!
Our attorneys at Tabor Law Firm have the experience and dedication you need! Call one of our trucking accident attorneys TODAY at (317) 236-9000 for a free consultation. Learn more about your rights and the legal compensation you deserve.