Truck Accident Attorney in Indianapolis
117 East Washington Street, Suite 201
Indianapolis, IN 46204
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Indianapolis Truck Accident Lawyer
If you or someone you know has recently been hurt in a serious truck accident in Indianapolis, there are many questions to be answered. You cannot waste any time because you only have a limited period in which you are eligible to file a personal injury lawsuit. If you allow this time period to lapse, you will be ineligible to pursue compensation even if it is relatively clear that the accident was the fault of another party.
Unfortunately, truck accidents in Indianapolis are all too common. There are many truck drivers throughout the United States, and many of them pass through the crossroads of America in Indiana while transporting goods. However, this also means that when these drivers are improperly trained, overworked, unfamiliar with how to perform maintenance on their vehicle, or simply in a rush, they are much more likely to get involved in a serious accident.
The size and weight of a commercial truck are substantial when compared to a traditional passenger vehicle, meaning that the damage to other cars and the injuries that people sustain in truck accidents in Indianapolis can be severe. A passenger vehicle driver or rider could be substantially injured, possibly even facing lifelong disability as a result of a truck accident. This makes it extremely important to identify the services of a truck accident lawyer as soon as possible after an accident has occurred.
It is likely that you have begun the process of identifying a truck accident attorney for a loved one because this person was so seriously injured that they are finding it difficult to navigate the medical and legal process after the accident happened. It is very overwhelming for most accident victims, especially those who have been hospitalized or are still learning more about the medical conditions they will have to live with as a result of the accident. This can be very confusing as well and the person is also attempting to live through their daily life of significant pain.
Due to these major circumstances and the dramatic shifts in their life as the result of a truck accident, finding a truck accident lawyer becomes a paramount issue. Consulting with an experienced attorney is the only way for an accident victim to have a better understanding of how their life may have been changed by this accident and the necessary steps they should take to protect themselves.
A truck accident lawyer should be engaged early on since the attorney can then explain each step of the legal process. This usually begins by gathering evidence associated with the truck accident, and this could even require returning to the scene of the accident with reconstruction specialists. Because truck accidents represent a substantial loss of revenue for trucking companies, many of them have adept legal teams who have handled many truck accident lawsuits in the past. They are prepared to be dispatched to the scene as soon as possible to attempt to gather any evidence that may cast a favorable light on their side of the case. Likewise, you need a truck accident lawyer who has broad experience in this area and someone who is dedicated to doing everything possible to tell your side of the story. You cannot count on the trucking company to represent your best interests or to try to do the right thing. You need an advocate who will do everything possible to help hold that trucker accountable or any other drivers who are responsible for the accident accountable in court.
A truck accident lawyer will also help you coordinate all of your previous medical expenses and communicate with your physicians, if necessary, to determine the lifelong consequences of your diagnoses. It is likely that you have multiple medical conditions as a result of a truck accident, and sharing these with your attorney will help you more properly calculate damages. Damages and expenses can be totaled easily for those bills that you have already received after an accident, but you will also need an attorney who can help you future-cast these numbers so that you are prepared if the other side attempts to talk settlement. Although you might not get the numbers perfect, you’ll have a better understanding of the lifelong cost of your accident and can use this information during settlement discussions.
It's common for insurance companies to push you to what is known as settlement. Rather than continuing with court, a settlement means that both parties have reached an agreement and are willing to sign paperwork saying as much. An amount of money will be paid to the victim in a settlement in exchange for that victim giving up their future legal right to any further expenses or damages. When the settlement offer fairly compensates you, this can relieve a lot of stress since you won’t have to worry about going to court. However, because of what you give up as a victim, it’s very important that you have an attorney who recognizes your rights and will do everything in their power to make sure you don’t lose out on money.
Insurance companies are most likely to come to the settlement table with an offer when they are concerned you might be more successful in court. When an insurance company signs a settlement, they know the case is over and that there won’t be any more surprises. This can work out in their favor and, if the offer is fair, in your favor, too. Let your lawyer be the guide to help you navigate this process.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How do I know if I have a truck accident claim in Indianapolis?
Every case is different. But in all personal injury claims, there are a few elements that we look at to see if you have a case. We check to see if:
- There were damages. Personal injury lawsuits aim to recover damages, such as medical expenses, lost wages, and pain and suffering. The injury must involve substantial costs to file a lawsuit, which can differ by state. Our Indianapolis-based attorneys use their in-depth knowledge of Indiana’s legal system to manage your case efficiently and ensure it complies with state-specific laws and regulations.
- Someone else was at fault. To receive compensation from another person’s insurance company, they must have acted negligently in a manner that caused or contributed to your injuries.
- There’s enough insurance coverage. Personal injury lawsuits are typically filed against insurance companies rather than individuals. The at-fault party must have sufficient insurance coverage to cover the injured person's medical expenses or provide full compensation for their injuries.
If you are unsure if you have a case, contact our Indianapolis-area lawyers. We're here to help.
What should I do immediately after a truck accident in Indianapolis?
If you’re wondering what to do after being hit by a semi-truck, your priority should be safety and seeking medical attention.
Move your vehicle to a safe location away from traffic and call 911. Report the accident and request medical assistance for anyone who may be injured. Even if you feel fine, some injuries might not be immediately noticeable. A medical evaluation ensures your well-being and documents your condition for your claim. Professional medical care creates a record that can serve as valuable evidence in court.
Collect information from the truck driver, including their name, contact details, insurance information, trucking company name, and license plate number.
While a photograph of a license plate can help in many auto accidents, commercial truck accidents can be different. Having the license plate number of a truck won’t always suffice when attempting to collect driver information, as many trucks are often leased through a third party. A better solution is photographing the driver’s door with the U.S. Department of Transportation number (US DOT number). This identifier will enable your legal team to get the driver’s name, address, insurance information, and trucking company.
Take photographs of the accident scene, capturing vehicle damage, road conditions, and any visible injuries, as this evidence can strengthen your case. Be sure to also collect contact information from witnesses who saw the accident.
Be cautious with your statements, avoiding phrases like “I’m sorry” or “I didn’t see you,” as they may be interpreted as admitting fault and used against you later.
As the final step, contact Morgan & Morgan. Our Indianapolis team offers free case evaluations, helping you explore your legal options and take the first steps toward moving forward with your life.
How long after an Indianapolis truck accident can I file a claim?
Time limits, known as the statute of limitations, govern how long personal injury victims must file a lawsuit. For truck accident cases, these timeframes vary by state, generally ranging from one to four years from the date of the accident. Promptly consulting with one of our Indianapolis-based lawyers is essential, as missing the deadline could prevent you from recovering compensation.
How long does it take to resolve a truck accident claim in Indianapolis?
The statute of limitations is a legally defined time limit within which someone must file a lawsuit, and this time frame varies depending on the type of case and state.
In truck accident claims, the statute of limitations typically mandates filing a claim within a specific timeframe following the accident. Filing within this period is crucial to preserving your right to seek compensation.
It is highly recommended that you consult with an Indianapolis-based attorney as soon as possible after the incident. Collecting evidence and building a strong case can take time. Your attorney will also ensure that all required documents are accurately filed within the necessary deadlines.
Why should I hire Morgan & Morgan Indianapolis?
At Morgan & Morgan, our Indianapolis-based team of experienced commercial truck attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.
We operate on a contingency fee basis, which means you don’t pay anything unless we win your case. At Morgan & Morgan, we believe justice should be accessible to everyone, as reflected in our motto: The Fee Is Free™. You only pay if we win.
How much does it cost to hire Morgan & Morgan in Indianapolis?
At Morgan & Morgan, we work on a contingency fee structure, which means you don't pay any upfront fees. That’s right—the Fee Is Free™, and you only pay if we win. Your lawyer receives a percentage of the compensation you recover from your case, and only if you win. Here’s a breakdown of how it usually works:
Contingency Fee Arrangement
- No Win, No Fee: With a contingency fee, the lawyer only gets paid if you recover compensation through a settlement or court verdict.
Free Consultations
- Call Morgan & Morgan Indianapolis anytime for a free case evaluation to learn more about your legal options. You are not obligated to work with us.
- From there, Morgan & Morgan’s truck accident lawyers offer a free initial consultation to evaluate your case, explain the legal process, and discuss the fee structure.
What Can Affect the Final Cost?
Several factors influence the total cost of hiring a truck accident lawyer, including:
- Case Complexity: Truck accidents often involve multiple liable parties, such as the trucking company, driver, or manufacturer, which can require additional time and resources to investigate.
- Going to Trial vs. Settlement: Cases that go to trial often require extensive preparation, additional court filings, and greater attorney involvement, which may result in a higher percentage fee.
- Lawyer’s Experience and Reputation: More experienced or well-known attorneys may charge higher contingency fees due to their track record of success and expertise in handling complex cases.
Advantages of a Contingency Fee
- No Financial Risk: The contingency fee arrangement enables injured individuals to seek compensation without the upfront cost of legal fees.
- Incentive for Success: Since the lawyer’s fee depends on the outcome, they are motivated to secure the highest possible settlement or court award for you.
What sort of compensation can I receive after a truck accident in Indianapolis?
Victims of an Indianapolis truck accident may be entitled to various types of compensation, including:
- Medical Expenses: Coverage for current and future medical bills, including hospital stays, surgeries, medications, and physical therapy.
- Lost Wages: Compensation for income lost due to injury and any future earning potential if the injury impacts your ability to work.
- Pain and Suffering: Monetary compensation for physical pain, emotional distress, and diminished quality of life.
- Property Damage: Reimbursement for repairing or replacing your vehicle and other personal property damaged in the accident.
- Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
- Punitive Damages: In extreme negligence or recklessness cases, the court may award punitive damages to punish wrongdoers.
After securing legal representation for a truck accident, your attorney will evaluate the damages specific to your case and estimate a fair compensation amount. Morgan & Morgan in Indianapolis offers free consultations for truck accident cases, allowing you to review your legal options after a truck accident injury.
Do I have to pay for a consultation in Indianapolis?
No, consultations with Morgan & Morgan are completely free. We are dedicated to providing legal advice to everyone, regardless of their financial situation.
Starting with one of our Indianapolis truck crash lawyers is quick and easy. You can begin with a free case evaluation in minutes, either online or over the phone.
Who will be on my Indianapolis case team?
When you hire Morgan & Morgan, Indianapolis, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country, with over 1,000 lawyers and offices in all 50 states and Washington, D.C.
Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.
When do I meet with my Indianapolis truck accident lawyer?
After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and help you prepare for upcoming proceedings. We are committed to maintaining open communication and keeping you informed every step of the way.
Depending on your case's needs and your availability, these meetings can be conducted in person, virtually, or over the phone.
What’s the average settlement for a trucking accident claim in Indianapolis?
The average settlement for a truck accident claim can vary widely, depending on factors such as the severity of injuries, the level of property damage, and the specific accident details.
The severity of your injuries is the most significant factor in determining a settlement amount. Cases involving minor injuries, such as whiplash or bruising, may result in smaller settlements. Severe injuries, such as spinal cord damage, traumatic brain injuries, or multiple fractures, often result in significantly larger settlements.
Medical expenses are a key factor in determining your settlement amount. These include costs for emergency room visits, surgeries, hospital stays, physical therapy, and ongoing or future medical care. Generally, higher medical costs lead to larger settlements.
How do you prove who is responsible in a truck accident case in Indianapolis?
Fault in an Indianapolis truck accident is determined by examining evidence to establish which party’s negligence caused the accident. Key factors include:
- Police Reports: Official reports provide initial assessments of fault based on the responding officer’s observations.
- Eyewitness Testimonies: Statements from witnesses can provide insights into how the accident occurred.
- Accident Scene Analysis: Photos, video footage, and forensic analysis of skid marks or debris can help reconstruct the accident.
- Truck Driver Logs: These logs can reveal if the driver violated hours-of-service regulations or was fatigued.
- Vehicle Inspections: Maintenance records and vehicle inspections can uncover mechanical failures or improper maintenance.
- Black Box Data: Most trucks have data recorders that track critical information such as speed, braking, and other key details leading up to the crash.
Determining fault can be complicated and may involve multiple parties, such as the driver, the trucking company, and manufacturers. A commercial truck accident attorney can assist in gathering evidence and building a strong case on your behalf.
What should I expect during the legal process of an Indianapolis truck accident claim?
The legal process of an Indianapolis truck accident claim can be complex, involving multiple parties and extensive investigation. It usually begins with an initial consultation with your lawyer. Morgan & Morgan’s truck accident attorneys offer a free consultation where they evaluate your case, explain your rights, and outline the legal process.
During this meeting, you’ll provide details about the accident, your injuries, and any potential evidence (police reports, photos, witness information). The Indianapolis lawyer will assess whether you have a viable case and discuss the potential for compensation.
Truck accident claims often require in-depth investigations, as multiple parties may be involved. Your attorney will gather evidence, which may include:
- Police reports and accident scene photos
- Driver’s logbooks (hours of service records)
- Vehicle maintenance records
- Truck’s black box data (to see speed, braking patterns, etc.)
- Surveillance footage, if available
- Witness statements
- Medical records documenting your injuries
Depending on the case's complexity, your lawyer may work with accident reconstruction experts, medical professionals, or trucking industry specialists to establish liability.
Your Indianapolis attorney will work to identify all potentially liable parties. Truck accidents often involve multiple responsible entities, such as the truck driver, the trucking company, the vehicle manufacturer, and those who loaded the cargo. Your lawyer will establish liability and file the necessary claims.
After gathering sufficient evidence, your attorney will prepare and send a demand letter to the insurance companies or at-fault parties. This letter will detail the facts of the case, your injuries, and the compensation being sought.
If negotiations fail to produce a fair settlement, your Indianapolis attorney will file a formal lawsuit, initiating the litigation phase and establishing a timeline for the legal proceedings.
Throughout the process, your attorney will negotiate with the insurance companies representing the driver, trucking company, or other responsible parties. Insurers may try to offer a lower settlement, but your attorney will fight for fair compensation for your medical bills, lost wages, pain and suffering, and other damages.
Most truck accident claims are settled outside of court. If the insurance company offers a reasonable settlement, your lawyer will evaluate it and advise whether to accept or pursue further negotiations.
If the case proceeds to court, both parties move into the discovery phase, exchanging evidence, documents, and witness information. This phase typically includes:
- Depositions (sworn statements taken from witnesses, the truck driver, and possibly you)
- Interrogatories (written questions exchanged between parties)
- Expert testimonies
Attorneys may file motions to dismiss certain claims or suppress specific evidence during this period.
If a settlement is not reached, the case will move to trial. Your Indianapolis attorney will present evidence during the trial, call witnesses, and make legal arguments to establish liability and damages. The defense, representing the trucking company or driver, will also present its case. Once both sides have made their arguments, the judge or jury will determine liability and decide the amount of compensation to be awarded.
Settlements are often reached before a case proceeds to trial. Your attorney will review any settlement offers with you to ensure they adequately address your current and future needs.
If your case proceeds to trial, the judge or jury will determine liability and determine the damages amount. If you win, the liable parties must pay the awarded compensation.
The legal process for a truck accident claim includes consulting with an attorney, gathering evidence, negotiating, and potentially going to court. Each step is aimed at securing fair compensation for your injuries and damages. A skilled Indianapolis attorney will support you throughout this process and advocate for your rights.
Why are Indianapolis truck accidents more complicated than car accidents?
Truck accidents are often more complex because they may involve multiple parties, such as the truck driver, the trucking company, vehicle manufacturers, and cargo loaders. Furthermore, trucking companies must comply with federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA), adding an extra layer of legal considerations.
The complexity of truck accidents is heightened by the severity of injuries and the substantial stakes in compensation claims. Large trucks can cause significantly more damage than a standard small vehicle fender-bender.
A truck accident lawyer at Morgan & Morgan in Indianapolis can navigate the complex legal process on your behalf, allowing you to focus on your recovery and moving forward with your life.
What are the most common causes of truck accidents in Indianapolis?
Common causes of truck accidents in Indianapolis include:
- Driver Fatigue: Truck drivers frequently face pressure to meet strict delivery deadlines, resulting in fatigue and slower reaction times.
- Distracted Driving: Texting, eating, or using in-cab technology can distract drivers from the road.
- Speeding: Trucks require longer stopping distances, and speeding increases the risk of collisions.
- Improper Loading: Overloaded or improperly secured cargo can cause the truck to tip or lose control.
- Mechanical Failures: If not properly maintained, faulty brakes, tires, or other mechanical issues can lead to accidents.
- Driving Under the Influence: Alcohol or drug use impairs a driver’s ability to operate the vehicle safely.
Can I sue the trucking company if the driver was at fault in Indianapolis?
Under the legal principle of vicarious liability, the trucking company is often held accountable if the driver is found at fault for the accident. Under this principle, employers are responsible for their employees' actions during job-related duties. The company may be liable for the driver’s negligence or recklessness in truck accident cases.
Vicarious Liability (Respondeat Superior)
Respondeat Superior is a legal doctrine that holds employers liable for their employee's negligent actions as long as the employee acted within the scope of their employment when the accident occurred.
In an Indianapolis truck accident, if the driver was carrying out their duties, such as delivering goods or following a company route, the trucking company can be held responsible for the driver’s actions, even if the company was not directly at fault.
Negligence of the Trucking Company
In some cases, the trucking company may also be directly at fault, strengthening the case against them. Common reasons include:
- Negligent Hiring Practices: A company may be liable for negligent hiring if they employ an unqualified or unsafe driver, such as someone with a poor driving history or insufficient training.
- Poor Training: The company could be held responsible if it failed to provide adequate training for the driver.
- Improper Truck Maintenance: The trucking company is responsible for ensuring that its fleet is properly maintained. The company can be sued if a mechanical failure caused by poor maintenance contributed to the accident.
- Violation of Hours-of-Service Regulations: Truck drivers must adhere to federal regulations limiting the hours they can drive without rest. A trucking company may be liable if it pressures or requires drivers to violate these rules.
Independent Contractors vs. Employees
Trucking companies may claim that the driver is an independent contractor rather than an employee to avoid liability. However, Indianapolis courts may still hold the company accountable based on their control over drivers' actions, such as assigning routes and setting work schedules.
Determining whether the driver was an independent contractor or an employee may require examining the terms of their employment and the extent to which the company oversees their work.
Other Liable Parties
In addition to the trucking company and driver, other parties may be liable for the accident, such as:
Truck Manufacturers: If a mechanical failure caused by a defect contributed to the accident, the truck’s manufacturer could be liable.
Cargo Loaders: If improperly loaded cargo caused the accident, the company responsible for loading the truck could also be liable.