If you have suffered a personal injury or lost a family member in a truck accident in Fishers, IN, the physical and emotional pain you may be experiencing can be incredibly overwhelming. You may be able to hold the responsible parties accountable.
Truck accidents can be catastrophic due to the size and weight of these vehicles. A collision can result in bodily injury, property damage, and even loss of life. You do not have to face these issues alone. A truck accident lawyer in Fishers, IN, can help.
At Sevenish Law Firm, P.C., our legal team fights for fair compensation. Randall “Randy” Sevenish has over 34 years of experience, and our firm is solely dedicated to the practice area of personal injury. Formerly a law enforcement officer, Randy spent years on the police force investigating accidents. Call today for a free, no-obligation consultation to discuss your claim.
How a Truck Accident Can Happen
According to the Insurance Institute for Highway Safety (IIHS), trucks can weigh 20-30 times more than the average passenger vehicle. The weight and size of a truck alone can cause intense damage. In many cases, these accidents happen because the driver is:
- Speeding or simply traveling too fast in inclement weather
- Distracted while operating a heavy truck or trailer
- Too fatigued to be driving safely
- Talking on a cellphone or texting
- Intoxicated by drugs or alcohol
- Following vehicles too closely to brake safely
- Negligent in performing a proper inspection of the truck, trailer, and load
- Not using safety precautions
Many truck drivers are upstanding operators of their vehicles. However, there are drivers and trucking company owners that do not abide by safety regulations set by the government. This puts property and human lives at risk.
Unfortunately, there are also trucking companies that encourage the violation of state and federal limitations on the number of hours a driver can be on the road (Hours of Service regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA)). There is also a requirement for regular safety inspections on tractor-trailer equipment.
For a free legal consultation with a truck accidents lawyer serving Fishers, call 317-636-7777
Common Liable Parties in a Truck Accident
In many cases, there is more than one responsible party in a truck accident. Those who could potentially be at fault are:
- The driver: The driver may be operating negligently or intentionally breaking safety regulations. If the driver is found to be impaired by drugs or alcohol, they could face punitive action.
- The trucking company: The trucking company can be held accountable for improper training of drivers or possibly hiring drivers without the appropriate background checks.
- The trailer owner: Sometimes, the trucking company does not own the trailer. If the trailer has not been properly maintained or inspected before deployment, the trailer owner could be liable.
- The company that owns the load: The product, equipment, or supplies that are being hauled by the tractor-trailer could be owned by a separate company that may have falsified the total weight of the load or loaded the truck improperly.
- The equipment maintainer: Trucks should undergo regular maintenance and inspection. If safety regulations are not adhered to, the maintainer could be held accountable.
- The equipment manufacturer: Faulty parts and equipment can cause a crash. Sometimes, this happens before a recall is put into order.
Sevenish Law Firm, P.C. is dedicated to protecting the rights of the wrongfully injured. Following an investigation, if multiple parties are found to be liable, we will pursue compensation to the fullest extent of the law. Call today for a free review of your claim.
Fishers Truck Accident Lawyer Near Me 317-636-7777
Damages You Could Recover By Filing a Truck Accident Claim
Sustaining an injury during a crash with a large truck could allow you to file a claim and possibly recover compensation for:
- Past and future medical expenses
- Lost wages from missing work
- Missed opportunities, such as advancement, if you are unable to return to work
- Pain and suffering
- Loss of consortium
- The cost of professional counseling for post-traumatic stress disorder (PTSD)
- Other out-of-pocket expenses related to the accident
This is not an exhaustive list of recoverable damages following your truck accident. How much you can recover ultimately depends on your situation, including your anticipated recovery period.
You May Recover Punitive Damages
Many truck accident victims wonder whether they can recover punitive damages in their truck accident claims. Whether you can recover punitive damages truly depends on your situation. Courts typically only award punitive damages in collisions caused by egregious negligence.
Imagine a trucker caused your accident because you were in their blind spot. This is negligence (every trucker should know their vehicle’s blind spot) but not necessarily egregious. Now, imagine the trucking company hired drivers who did not have commercial driver’s licenses––and it didn’t perform background checks on its drivers, either. This would be considered egregious negligence and could merit punitive damages.
Click to contact our Fishers Truck Accident Lawyer today
You Can Recover Damages Even if You Share Fault for the Accident
If you’re afraid to call a truck accident lawyer because of concerns about fault, you can breathe easy. Indiana operates under a modified comparative negligence system. This means, even if you partially contributed to the collision, you can seek compensation through a civil claim or lawsuit.
Your portion of fault will affect how much you can recover, though. Consider this scenario to learn more:
- You were involved in a truck accident.
- You were speeding, and the trucker fell asleep at the wheel.
- An investigation shows you were 20 percent at fault, and the other driver was 80 percent at fault.
- Your damages total $1 million.
- Because you caused 20 percent of the collision, you could recover $800,000.
The other party may blame you for most of the accident, hoping to discourage you from legal action. This is where our legal team comes in. We can protect you from false allegations and uphold your right to damages.
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What To Do After a Truck Accident in Fishers
There are countless things you could do after a truck accident in Fishers––and each one can benefit your injury claim. Some considerations after a truck accident include:
- Seek immediate medical attention
- Consider your legal options
- Notify law enforcement of your collision (if the police didn’t come to the accident scene)
- Limit what you share online
- Let your lawyer manage all insurance-related communications
Everything you do after your case could affect its final outcome. If you have any questions about what could promote your case after your Fishers truck accident, connect with our injury team.
How a Truck Accident Lawyer in Fishers, IN, Can Assist You with Your Claim
A traffic crash involving a big truck can be a traumatic event. Understandably, if you were left with injuries, you are probably focused on recovering.
The dedicated lawyers at Sevenish Law Firm, P.C. can help you with your claim in the following ways.
Conducting a Thorough Investigation
Randy Sevenish has served many years in law enforcement as a police captain. His experience on the force includes the ability to investigate the scene of an accident and understand police reports.
Eyewitnesses can be vital to determining liability and getting the full story of what happened leading up to, during, and after the accident. We can interview eyewitnesses and use their testimonies to support your case.
We can contact your doctors to understand the extent of your injuries. Medical documentation can also give us an idea of your future care needs. For example, some injuries could require extensive therapy or rehabilitation. You will want compensation to cover these future expenses.
Negotiating with Insurance Companies
Once liability has been established and we have calculated the scope of your damages, we can negotiate with the insurance companies and demand a fair settlement on your behalf.
We can assess any offers and prevent you from accepting one that would not fairly compensate you. Remember, once you accept a settlement, you cannot seek additional awards down the road. We do not want you to suffer further financial loss later on. We can present evidence of your injuries and expenses during negotiations.
Fighting for Your Rights in Trial
Fortunately, in many cases, the settlement can be negotiated and agreed upon outside of court. If this is not the case, we will take a well-prepared case to court. We can argue on your behalf before a judge or jury and seek a court-awarded offer.
Handling All the Paperwork and Communications
When you work with us, you won’t have to deal with piles of paperwork or insurance adjusters. We can submit all the necessary forms in a timely manner, making sure they are accurate and error-free. We can communicate with the liable party, including their insurer and defense attorneys.
Giving You Personalized Legal Care
We do not treat all cases the same. We understand that each client’s situation is unique and requires an individualized approach. We can tailor a legal strategy to suit your specific circumstances.
You Have a Deadline for Filing a Lawsuit
If you choose to take legal action against the liable party, the state’s statute of limitations applies. According to IC § 34-11-2-4, you generally have two years to file a personal injury lawsuit. This deadline starts counting down from the date of the accident.
If you miss it, you could see the court dismiss your suit and lose your chance to pursue compensation. The sooner you get started on your case, the better. We can begin working immediately after your free consultation.
We Work on a Contingency-Fee Basis
You don’t have to worry about any hourly retainers or upfront fees when you work with our firm. We can begin your case at no out-of-pocket expense to you. We only take our payment from the settlement we win on your behalf.
This way, we can get started on your case immediately, and you do not have to risk more losses.
We Advocate for People Suffering from These Injuries in Fishers, Indiana
Our law firm has advocated for injured people since 1985. We’ve recovered millions for injured claimants, including truck accident victims. We advocate for people suffering from:
- Spinal cord injuries
- Third-degree burns
- Traumatic brain injuries
- Head injuries
- Neck injuries
- Back injuries
- Loss of limbs
- Internal bleeding
- Organ failure
- Post-traumatic stress disorder (PTSD)
You may not see your accident-related injury listed above. Still, you can pursue compensation from the party who hurt you.
Work with Sevenish Law Firm, P.C. After Your Hamilton County Truck Accident
You deserve to rest and focus on your health after suffering injuries. A legal case can be overwhelming. You have the right to legal representation, though. Our Fishers truck accident attorneys want to see how they can help.
Call Randy at Sevenish Law Firm, P.C. to understand what a truck accident lawyer in Fishers, IN can do to assist with your claim. We offer free, no-obligation consultations.