Truck Accident Lawyer South Bend

We are Award-Winning South Bend Truck Accident Lawyers

Accidents involving these vehicles often have catastrophic consequences, such as severe injuries or wrongful death. In the state, truck accidents can occur on various roadways, including highways, freeways, and local streets, and can involve different types of commercial vehicles.

The trucking laws in Indiana require all motorists, including truck drivers, to exercise reasonable care while operating a vehicle, including following traffic laws, maintaining safe speeds, and avoiding distracted or impaired driving. If drivers or companies fail to adhere to these regulations, they can be held liable for any injuries or damages caused as a result of their negligence.

If you suffered an accident involving the negligence of another party, we can help to determine the impact of the damages and negotiate with insurance companies to recover. 

Common Injuries Caused by Trucking Accidents in South Bend

Although Indiana is considered a safe place to live, accidents can sadly occur at any moment. And in the aftermath, understanding the consequences is key to requesting a fair amount of compensation to cover expenses resulting from the accident.

In our firm, we defend cases from people who have suffered from many types of injuries, from minor cuts to disabilities that have a life-long impact. Some of the most common injuries related to truck accidents for which you can claim may include:

• Traumatic brain injuries
• Spinal cord injuries
• Fractures and broken bones
• Internal injuries
• Soft tissue injuries
• Cuts, lacerations, and abrasions
• Burns
• Whiplash
• Emotional and psychological injuries

Moreover, if the accident caused a fatality and you lost a loved one due to a truck accident, you might be entitled to present a wrongful death lawsuit. According to the Indiana Code § 34-23-1-2, you have the right to demand compensation for medical expenses, lost wages, loss of companionship and support, and other economic and non-economic losses.

We know these are extreme cases that represent a lot of pain and are emotionally challenging for sure. That’s why at Christie Farrell Lee & Bell, we are experts in providing compassionate help to help you recover from this situation as much as it’s possible. 

What if I Was Partially at Fault for the Crash?

Under Indiana’s modified comparative negligence rule, you can still recover compensation even if you were partially at fault for the truck accident, provided your fault does not exceed 50%. However, your compensation may be reduced in proportion to your level of fault.

For example, if you are found to be 30% responsible for the crash and your damages amount to $100,000, you would be entitled to recover $70,000. We can help you understand how these laws apply to your case and fight for the compensation you deserve.

How to Hold Someone Accountable for a Truck Accident

Holding someone accountable for a truck accident involves proving negligence or wrongful conduct. This could be the truck driver, trucking company, maintenance provider, or another party involved.

Key steps include:

1. Collecting Evidence: Crash scene photos, black box data, police reports, and witness statements.
2. Establishing Fault: Showing how the other party breached their duty of care.
3. Filing Claims: Working with insurance companies or filing a personal injury lawsuit to seek damages.

Our legal team has extensive experience handling these processes and will guide you through every step to ensure responsible parties are held accountable.

How to Know if You Can Claim Compensation

In the aftermath of an accident, determining if you are eligible to claim compensation for your injuries and damages is a crucial step to know if it’s worth it to proceed with a lawsuit or negotiation with insurance companies.

Liability

In the state, truck drivers and trucking companies are required to exercise reasonable care while operating a motor vehicle, including following federal and local trucking regulations.

If it can be proven that the truck driver or the trucking company’s negligence caused the accident, you may be able to claim compensation for your injuries and damages under Indiana’s personal injury laws.

Damages

To seek compensation, you must have suffered damages as a result of the trucking accident. Such damages can include medical expenses, lost wages, property damage, pain and suffering, and other economic and non-economic losses.

Gathering documentation of your injuries, medical bills, lost wages, and other relevant expenses can help support your claim for personal injury.

Understanding the Statute of Limitations

There is a time limit, known as the statute of limitations, for filing a personal injury claim. According to Indiana Code § 34-11-2-4, the statute of limitations for personal injury cases is generally two years from the date of the accident, and it’s important to be aware of this deadline and take timely action to protect your right to claim compensation.

You must be aware of this deadline and take prompt action to protect your right to claim. Delaying the filing of your claim can harm your case, as evidence collection may take time, and the window for legal action may close if the statute of limitations expires.

Who Is at Fault for an Indiana Truck Accident?

Determining fault in a truck accident is critical and often requires a detailed investigation. In Indiana, the following parties might be held liable:

• Truck Driver: If the driver was speeding, distracted, or impaired.
• Trucking Company: If the company failed to maintain the truck or improperly trained its drivers.
• Maintenance Providers: If negligent maintenance led to a mechanical failure.
• Third Parties: Such as cargo loaders or other motorists.

We use expert testimony, accident reconstruction, and other tools to identify the responsible parties and build a strong case for you.

Recoverable Damages You Can Claim After a Trucking Accident

It’s important to understand the types of damages you may be entitled to claim in order to seek compensation for your losses. Trucking accidents can result in catastrophic injuries and damages, and knowing your rights can help you protect your legal interests.

Types of Recoverable Damages

• Medical expenses: Hospital bills, surgeries, medication, rehabilitation, and other healthcare costs.
• Property damage: Cost of repairs or replacement.
• Pain and suffering: Physical pain, emotional distress, and mental anguish.
• Disability or disfigurement: Impact on quality of life, future earning capacity, and emotional well-being.
• Lost wages: Past and future earnings.
• Punitive damages: For egregious or willful misconduct.

Still, the number of damages that may be recoverable after a trucking accident can vary depending on the unique facts and circumstances of your case, as well as the applicable laws in Indiana according to your portion of responsibility.

Why Do You Need a Personal Injury Lawyer to Sue Responsible Parties

The consequences of a trucking accident can be devastating for all involved. Whether it’s due to negligent or unsafe behavior on the part of the truck driver, the trucking company, or other factors, seeking justice is the start to holding the responsible parties accountable.

At Christie Farrell Lee & Bell, our team of South Bend personal injury lawyers has decades of experience in handling truck accident cases and understands the unique complexities of trucking accidents, including the differences in damages, causes, and regulations that apply to the trucking industry.

We can help you with the legal process, including filing a lawsuit, negotiating with insurance companies, and representing you in court. Request a free consultation and let us help you seek the justice you deserve.

Our lawyers that handle these types of cases