Losing a family member in a truck accident is a devastating experience. While nothing will bring your loved one back, seeking legal recourse could help you fight for justice and win compensation for your family. Talk to an Indiana truck crash accident lawyer as soon as possible to learn your options.
Who Is Responsible?
Proving liability after a catastrophic truck accident can be tricky. For example, the at-fault party could be:
- A truck driver who neglected highway safety regulations
- A trucking company that failed to screen its contractors
- A maintenance service that neglected a regular tune-up
- Freight loaders who didn’t secure cargo properly
- Another motorist whose behavior caused the truck driver to lose control of the vehicle
In some scenarios, fault can be split between several parties, all of whom may try to shift the blame to someone else. Insurance adjusters or defense lawyers may even argue that the victim was responsible for the accident. In Indiana, you can only claim compensation if the victim’s fault was up to 50%.
Critical Evidence in Indiana Truck Crash Accident Cases
Accident evidence gathering after a truck collision is a meticulous process. It involves sourcing and presenting proof such as photos and videos, the police accident report, traffic camera footage, medical records, and witness statements.
Other evidence that could help with accident scene analysis includes records from the truck’s electronic logging device, driver logs, and vehicle maintenance records. These may uncover, for example, that driver fatigue may have contributed to the accident or that the trucking company has a record of prior safety violations.
In some situations, your attorney may recommend working with accident reconstruction professionals or forensic consultants to establish the chain of events that ended with the collision.
Who Can File a Wrongful Death Lawsuit?
In Indiana, only the personal representative of a deceased person’s estate may file a wrongful death lawsuit. This could be the executor, a family member named in their will, or a court-appointed representative if your loved one passed without a will.
The compensation should cover funeral costs, any medical bills the victim incurred before passing, and estate administration expenses. The rest of the settlement goes to the family, namely the surviving spouse, dependent children, or other eligible relatives, such as surviving parents or siblings.
If egregious negligence led to your loved one’s death, you could also win punitive damages. A court may award punitive damages if, for example, the driver operated the truck while intoxicated or if the carrier tampered with hours-of-service records.
Why You Need a Skilled Lawyer
Working with a seasoned lawyer is absolutely critical after a fatal truck collision. These high-stakes cases often involve fierce litigation, as the at-fault party will try hard to pay you and your family as little as possible.
In this situation, you need not just any lawyer but a skilled attorney with a proven track record of handling complex truck accident cases. Choose a reputable and assertive legal professional who will help you present compelling evidence, calculate your case’s worth, and advocate for your rights throughout the claim or lawsuit.
Call Stewart & Stewart Attorneys To Talk to an Indiana Truck Accident Lawyer
Did your loved one tragically lose their life in a truck accident? Our skilled and compassionate team has decades of experience protecting the legal rights of victims and their families. Call us for dedicated legal representation to help reduce stress during this difficult time. We will walk you through all the steps of your case and charge no fees unless we win.
Contact us at (800)-333-3529 or online to book a free consultation with an Indiana truck crash accident attorney.