What Is the Difference Between a Truck Accident vs. a Car Accident in Indiana?

Car accidents and commercial truck accidents in Indiana have some important differences from the standpoint of pursuing an injury claim. We will discuss a few of the significant distinctions and review what you should do if you’ve been involved in an accident.

Do Cars or Trucks Get into More Accidents?

There are more registered cars on the road and far more car accidents than truck accidents each year in the United States. But truck crashes tend to cause disproportionately more fatal injuries due to the size difference between tractor-trailers and automobiles.

Large commercial trucks weigh up to 80,000 pounds when they are fully loaded. Most cars weigh less than 5,000 pounds. When a large truck is traveling at highway speeds, the force of impact in a collision is more likely to cause catastrophic or fatal injuries.

What Are The Main Differences Between a Car and Truck Accident Case?

Accidents involving large trucks typically are more complicated to resolve than car accidents for a number of reasons. Commercial drivers and trucking companies are required to have higher amounts of liability insurance because truck accidents typically produce more serious injuries and property damage.

• Truck accidents tend to have more liable parties – Many businesses and individuals are involved in the operation and maintenance of a large truck. They include the truck’s driver, the trucking company, truck maintenance garage, loading crews, and their vehicle’s manufacturer. Any party that contributes to a truck accident may be financially responsible to those injured.
• Trucks have more complicated insurance policies – Commercial truck drivers and companies are required by law to carry larger amounts of insurance than automobile drivers. More insurance companies may be involved in settling a truck accident claim and the financial stakes may be substantially higher.
• Truck drivers are bound by federal guidelines – Truck drivers and trucking companies must comply with federal laws and regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). For instance, truck drivers must follow the FMCSA’s hours of service regulations that limit the number of hours a commercial truck driver can be behind the wheel. The rules are designed to address the serious safety issue of truck drivers driving with too little rest. A truck driver may be liable if the driver disregards the rules and causes a drowsy driving accident.
• Truck accident cases require extensive investigation – A personal injury attorney will look for different evidence in a truck accident case relative to a car accident case. This evidence typically sought includes the truck’s black box or event data recorder, the trucker’s electronic logbooks (since they are only permitted to drive a certain number of hours), their employment record, and any drug or alcohol tests they were administered. A truck accident attorney may hire a specialized truck mechanic to examine the truck after the accident and look for mechanical issues.
• Compensation is generally higher in a truck accident – Because truck accidents tend to result in more severe injuries, commercial truck drivers and operators are required to carry larger insurance policies. As a result, settlements tend to be higher in value.

Who Can Be Sued In a Truck Accident Case?

Multiple parties may be liable in a truck accident, depending on the circumstances of the case. These parties may include:

• The truck driver
• The trucking company
• The truck’s owner
• Third-party maintenance companies
• Cargo loaders
• Defective parts manufacturers

Because truck accidents may involve multiple negligent parties, determining liability requires a comprehensive investigation.

What Should You Do if You Are in a Motor Vehicle Accident?

If you’ve been involved in a motor vehicle accident, there are several things you should do to protect your rights:

• Call 911 – You should report the accident and request an ambulance if anyone needs emergency medical care. Law enforcement officers will create an accident report with information about your injuries, damage to the vehicles, driver contact info, witness contact info, an initial determination of fault, and more. Medical responders will treat any serious injuries at the scene and provide transportation to a trauma center if necessary.
• Document the scene – If you are able, take photos at the scene of the accident. Make sure to document your injuries, the damage to your vehicle, and the accident scene as a whole from as many angles as possible. Photos can provide valuable evidence of another party’s liability. You should speak with any witnesses who may have seen the accident. Witnesses can offer an objective perspective of how the accident occurred.
• Seek medical attention – You should be evaluated by a physician as soon as possible after the accident. You may have sustained an injury such as a concussion that is not obvious. A doctor can detect those injuries before complications arise. Insurance companies tend to require that you be evaluated within the first 72 hours after an accident in order to file a claim. If you fail to get an evaluation and develop symptoms of an injury, the insurance company may try to argue that your injury was not the result of the accident.
• Keep all documentation – You should keep a copy of every document related to the treatment of your injuries. This includes your hospital bills, physical therapy bills, other medical expenses, medical records, the police report, evidence you collected at the scene, and proof of lost wages.
• Don’t post on social media – You should refrain from posting comments about the accident on social media. An insurance company may use any comments you make to question the seriousness of your injuries. Insurance companies will use any excuse to reduce or deny your claim.

At Truitt Law Offices, our attorneys have the knowledge and experience to help you fight for full compensation after a serious accident. We understand how stressful it can be to go through the insurance claims process while you are trying to recover from your injuries. Our attorneys are ready to handle every aspect of your case while you focus on rebuilding your life.

Don’t wait to explore your legal options. Contact us today for a free consultation.

The post What Is the Difference Between a Truck Accident vs. a Car Accident in Indiana? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/difference-between-truck-accident-vs-car-accident/
via https://www.truittlawoffices.com

What to Do When Hit by an Uninsured Driver in Indiana

After a car accident, most people turn to their auto insurance or the liability insurance of the other driver to help them pay for car repairs and medical bills. If the accident was someone else’s fault, then you would file a claim against the other driver’s auto liability coverage. In most cases, the person at fault must pay for costs and losses suffered by others in a car accident.

Unfortunately, an insurance claim can become more complicated if the other driver does not have auto insurance. Despite Indiana’s requirements that vehicle owners have liability insurance coverage, the Insurance Research Council (IRC) says nearly 16% of motorists in Indiana in 2019 were uninsured. The national average was 12.6% of motorists, or about one in eight drivers, according to the IRC’s 2021 study.

In most cases, Indiana residents can rely on uninsured and underinsured motorist coverage (UM/UIM coverage) if the driver who injures them in a crash does not have auto liability insurance. Indiana law requires every new auto liability policy to include UM/UIM coverage unless the policyholder rejects it in writing.

It’s not unusual for a car accident victim to neglect to file a UM/UIM claim. Many car owners buy insurance without a full understanding of the types of coverage they have. If you’ve been in a car accident caused by a driver with no insurance or insufficient insurance to cover your losses, you may have a legal right to seek compensation through your own UM/UIM coverage.

An experienced Indiana car accident attorney with Truitt Law Offices can review your auto insurance coverage and the losses you have suffered to help you maximize your car accident claim. We can help you seek full payment for the injuries and losses that you’ve sustained. Contact Truitt Law Offices for a free case review today.

What is the Difference Between Uninsured and Underinsured?

It is against the law in Indiana to drive a car without liability insurance. The minimum liability coverage required is:

• $25,000 for bodily injury to, or the death of, one individual;
• $50,000 for bodily injury to, or death of, two or more people in any one accident; and
• $25,000 for property damage in any one accident.

This is commonly referred to as 25/50/25 liability insurance. Indiana law requires the Bureau of Motor Vehicles to suspend driving privileges and fine motorists who are found to lack proper insurance. License suspensions range from 90 days to one year and include reinstatement fees.

In addition to auto liability coverage, each policy must include uninsured and underinsured motorist coverage, unless the buyer rejects it in writing. Minimum UM/UIM coverage matches the minimum liability coverage required in Indiana:

• Uninsured Motorists:
  • Bodily Injury: $25,000 per person/$50,000 per accident
  • Property Damage: $25,000 per accident
• Underinsured Motorists:
  • Bodily Injury: $50,000 per person and per accident

When you have uninsured and underinsured motorist coverage, you collect payment by filing a claim against your own insurance.

An uninsured motorist is one who has no auto liability coverage. Uninsured motorist coverage also applies to unidentified hit-and-run drivers, because there’s no liability coverage to access in that situation.

Underinsured motorist coverage becomes available when the injured person has drawn the maximum payout available under the at-fault driver’s liability coverage but still has unpaid medical bills.

Because most people carry the minimum liability coverage (a maximum of $25,000 for bodily injury), underinsured motorist coverage comes in handy if you are hospitalized after a car accident someone else caused. A 2020 RAND Corporation study found that Hoosiers pay some of the highest health care prices in the country.

What To Do at the Scene of a Car Accident

The first thing to do after a car accident is to assess yourself, your passengers, and others involved in the collision for injuries. If anyone is in need of medical help, call 911 and request an ambulance along with the police.

In Indiana, if a car accident causes injury, death, damage to the vehicles totaling more than $1,000, or damage to property beyond the vehicles such as a streetlamp or guardrail, you must contact the police.

If you are able, you should document the accident as well as you can. This means taking photos of the vehicles and their damage and their positions relative to each other. Get photos to illustrate anything that may have contributed to the accident, such as road construction or overgrown bushes that reduce the visibility of a stop sign.

Get names and contact information from any witnesses to the accident.

Exchange information with every driver involved in the automobile accident, including:

• Name
• Contact information
• Driver’s license number
• License plate number
• Insurance information.

If the other driver(s) says they do not have insurance, get the other information about them. If they suggest you handle the accident without police, reply politely but firmly to the effect that you prefer to do things by the book. Do not allow an uninsured driver to talk you out of reporting the accident to the police. The lack of a police report will make it harder to recoup any insurance payment for the accident.

If you did not require emergency medical treatment, see a doctor within 24 hours of the accident to ensure you get the medical care you need. A visit to the doctor also documents your injury in connection with the car accident.

Then, contact a car accident attorney to evaluate your legal options. It is the best way to ensure your accident and a potential insurance claim are investigated by someone with the knowledge and the incentive to help you recover full compensation for your medical bills and car repairs.

The Indiana car accident attorneys at Truitt Law Offices will protect your rights and negotiate aggressively with insurers to seek all the compensation available for your losses. Contact the Truitt Law Offices in Indianapolis today for a free, no-obligation discussion of your accident, injuries, insurance coverage, and legal options.

The post What to Do When Hit by an Uninsured Driver in Indiana appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/hit-by-uninsured-driver/
via https://www.truittlawoffices.com

How Do You Determine Who Is at Fault After a Truck Accident in Indiana?

Anyone injured in a collision involving an 18-wheeler or another commercial vehicle knows that these accidents are very different from regular passenger vehicle crashes. The injuries victims suffer are often more severe, the property damage is usually significant, and many unique factors must be considered when seeking compensation.

Getting the justice and fair compensation you’re owed requires determining which parties were at fault for the accident. This can be more challenging in an Indiana truck accident case since multiple parties could potentially be at fault, including the driver, the trucking company, maintenance companies, parts manufacturers, cargo loaders, and others.

If you were injured in a truck crash in Indiana, you could be entitled to recover compensation for medical expenses, lost income, pain, suffering, and other losses you suffered as a result. The Indiana truck accident attorneys at Truitt Law Offices have the knowledge and experience to investigate who is at fault and hold them accountable for the harm you’ve suffered.

Contact us at any time for a free case review.

Factors in Determining Fault for a Truck Crash

If you were injured when a large commercial truck hit your vehicle, you might assume that the truck driver is the liable party. While truck drivers are usually responsible for accidents they cause, other parties could potentially be liable as well. Due to the complicated nature of determining fault, you should get an attorney involved from the start.

To determine who was at fault, several factors must be considered. First, you will need to show that a person or other entity was negligent in some way. For example, if the driver was texting just before the crash, that could demonstrate negligence. Then, you’ll need to show how the driver texting, in this scenario, led to the crash and your injuries. Finally, you’ll need to show that you suffered losses, like medical expenses and lost wages because you couldn’t work while recovering.

Types of Evidence in Truck Accident Cases

Truck accident attorneys understand the importance of moving quickly to gather and preserve vital evidence from the accident scene. Some common types of evidence that an attorney may use to prove fault include:

• Accident reports
• Photo evidence  
• Surveillance or traffic cam footage 
• Alcohol and drug tests
• The truck’s black box data recorder
• The truck driver’s travel logs
• Cell phone records
• Witness statements

Some types of evidence may be difficult to obtain on your own. For example, the trucking company might be reluctant to hand over the truck’s black box data recorder or the driver’s travel logs for fear of being held liable. They might even tamper with this evidence to prevent it from being used to support your case.

Does the Insurance Company Have the Final Say on Fault?

Once you file a claim, the insurance company will conduct its own investigation into the accident. Because insurance companies are in the business of paying out as little as possible, they could try to shift blame over to you or simply negotiate a settlement in bad faith.

In that case, you could take the at-fault party’s insurance company to court by filing a personal injury lawsuit. Both sides present evidence for their claims in court, and a judge or jury gets the final say on fault. If they believe you’ve successfully proved liability, they will determine how much you should receive from the insurance company.

Do I Bring a Suit Against the Driver or the Trucking Company?

Determining liability is critical if you hope to bring a claim or lawsuit against all the at-fault parties. If the truck driver caused the crash, you would file your claim or lawsuit against them and their insurer. If the trucking company or another entity contributed to the accident, you would initiate legal action against them.

However, it could get murky if various parties start pointing fingers at each other. That’s why it is crucial to get to the bottom of who played a role in the accident. A seasoned truck accident attorney will have the skills to identify all liable parties and all potential sources of compensation.

Potentially responsible parties might include:

• The truck driver – In most cases, truck driver negligence contributes to truck crashes. Driver negligence can take many forms, including distracted driving, fatigued driving, drunk driving, speeding, reckless driving, failure to yield, and more.
• The trucking company – In some instances, the trucking company could also be partly liable for a truck accident. For example, if an investigation determines that the trucking company failed to perform due diligence in hiring the driver, failed to provide adequate training, failed to supervise the driver, forced them to violate federal Hours of Service regulations, or neglected to perform regular maintenance on the truck, they might bear some responsibility for the accident as well. If the negligent trucker was an employee, the trucking company would be vicariously liable.
• The truck’s owner – In some cases, trucks are leased by trucking companies and owned by third parties. If the truck is owned by a third party and the owner supplied the trucking company with a defective truck, they might also be partly liable.
• A third-party maintenance company – If the trucking company outsources maintenance and inspection duties to a third-party company and that company neglects to perform those duties, they could also potentially have some liability.
• Cargo owners and loaders – When cargo loaders fail to correctly secure the cargo in a truck, the load can start to shift around. That can throw off a truck’s center of gravity and result in an accident. If cargo loaders were negligent, then they could also be liable.

What is the Statute of Limitations for Truck Accident Claims in Indiana?

Indiana has a two-year statute of limitations on personal injury cases. That means if you are injured in a truck accident, you have two years to file a personal injury lawsuit against the at-fault party or parties. If you do not initiate legal action within that time frame, the court will probably dismiss your case, and you will not be able to pursue the compensation you need through the legal system.

Because the statute of limitations on personal injury cases is short in Indiana, it’s critical to get in touch with a truck accident lawyer as soon as possible.

Get Legal Help Proving Fault for an Indiana Truck Crash

If you were injured in a truck accident in Indiana, reach out to the 18-wheeler accident attorneys at Truitt Law Offices today. We have the resources to conduct a full investigation into the accident, quickly gather and preserve evidence to support your case, identify all liable parties, estimate your losses, and negotiate a settlement on your behalf. Our attorneys work on contingency, so you won’t owe us legal fees unless we secure compensation for you.

Contact the Indiana truck accident attorneys at Truitt Law Offices for a free consultation.

The post How Do You Determine Who Is at Fault After a Truck Accident in Indiana? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/determine-fault-truck-accident/
via https://www.truittlawoffices.com