Were you recently involved in a truck accident? If so, you may be asking yourself, “How do I tell if I have a valid truck accident case?” Your case’s validity and strength can depend on everything from the accident evidence to the liable party, making the claims process rather confusing.
Below, our experienced personal injury attorneys from Stewart & Stewart Attorneys explain what you should know about truck accident cases. If you’re unsure about the validity of your case, consider scheduling a legal consultation for more information.
Do You Have a Valid Truck Accident Case?
You may have a valid truck accident case if you suffered property damage or injuries from the accident. These factors indicate monetary losses, which would constitute a potential insurance claim. With that being said, the strength and success of your claim will ultimately depend on a few factors, including:
- The liability determination
- Available evidence
- Your total damages
Understanding Truck Accident Liability
Liability plays a key role in truck accident case outcomes, as it affects which insurer pays for the damages. Unlike standard vehicle collisions, trucking accidents often involve multiple layers of responsibility.
The truck driver may be employed by a company that could be liable for their actions. For example, trucking company responsibility sometimes arises when drivers are forced to work beyond the legal hourly limits, which can create dangerous conditions. Beyond this, third-party contractors might’ve serviced or loaded the truck, which could have played a role in the accident.
Multiple parties can bear responsibility in truck accidents. Working with a knowledgeable attorney who understands federal trucking laws can help you pursue every possible avenue.
How Indiana’s Modified Comparative Negligence System Affects Your Case Evaluation
If you’re asking, “How do I tell if I have a valid truck accident case?” it may be because you’re worried about being partially liable for the accident. Indiana follows modified comparative negligence laws, where you may still pursue compensation for your damages, even if you’re partially at fault. Your damages are reduced by the percentage of fault assigned to you.
For example, say the trucking company assumes 70% of liability for the accident, and you assume 30%. If the total award pool is $10,000, your settlement award would be reduced by 30%, leaving you with $7,000.
Because Indiana follows the modified system, you will be barred from compensation if you’re found more than 50% responsible for the accident. This highlights how much liability impacts your case’s validity.
How Can You Build a Valid Truck Accident Case?
Building a valid truck accident case starts immediately after the accident. The steps you take following the collision can impact your ability to pursue compensation, so it’s important that you know how to protect your rights. Here are some tips:
- File a police report immediately after the accident.
- Seek medical attention as soon as possible, even for seemingly minor injuries.
- Take photos and videos of the accident scene if possible, documenting traffic conditions, road signs, vehicle damage, and injuries.
- Follow all recommended medical treatments and maintain documentation of all of your expenses.
- Avoid giving specific statements to insurance adjusters until you’ve consulted your attorney.
Do You Need Help Pursuing Your Personal Injury Claim?
The answer to the question, “How do I tell if I have a valid truck accident case?” can be complicated, especially with Indiana’s modified comparative negligence system. If you’re struggling to understand liability in your accident or need help filing your claim, consider consulting an attorney. Give Stewart & Stewart Attorneys a call at (317) 597-4721 to schedule your consultation.