If you are frequenting highways in Indiana, you know how busy it can get with cars and eighteen-wheeler trucks. On these roads, accidents happen, leaving victims with injuries and the court systems with claims. While many are conversant with how car accident claims work, there is sometimes a challenge with understanding the legal process of a truck accident.
“Truck accident claims are different from car accident claims in how liability is determined, damages are calculated, and compensation is awarded,” says attorney Michael McCready of McCready Law Injury Attorneys. The inclusion of more players, regulations, and higher stakes makes it a completely different field of personal injury.
This article explains what makes a truck accident case so different from a standard car accident claim in Indiana and how to navigate one.
Liability Runs Deep in Truck Accident Claims
In a typical car accident, your legal claim usually involves you, the other driver, and the insurance companies, but in a truck accident, you may be dealing with a web of potentially liable parties ranging from the truck driver to third-party logistics firms. It can also include the trucking company where the driver is an employee or a freight-loading company.
In Indiana, truck carriers operating in the state must comply with both state law and federal regulations, most of which are outlined by the Federal Motor Carrier Safety Administration. If a trucking company failed to comply with required rest periods or vehicle inspections, that could drastically shift the outcome of your case and result in larger compensation packages.
Trucking Companies Act Fast After Accidents
When involved in an automobile accident, you are likely to deal with both a driver and an auto insurance company. However, with truck accidents, the other party may be a major corporation with deep financial pockets and a strong legal team. This is not to say that you cannot go after them with a personal injury claim, but you need to be smart.
These trucking companies act fast and strategically by sending investigators to the scene to control the narrative. They may also reach out to you, trying to get you to accept fault or offer you settlements that are way below the value of your claim. The right approach will be for you to contact a truck accident attorney before accepting any settlement offer.
Evidence Disappears Faster in Truck Accidents
Unlike car accidents, evidence in truck accidents is usually more time-sensitive and technical. Key pieces of proof for your claims include driver logs, maintenance documents, and GPS logs, among others. If not properly preserved, this evidence can be destroyed or altered, leaving your case hanging by a thread.
If you are involved in a car accident, it is advised that you immediately put in a formal request for these records and keep a copy. You can always make this formal request through your legal representative to ensure no stones are left unturned.
Trucks Carry Much More Insurance Coverage
Another major distinction between trucks and cars is that commercial trucks have higher insurance limits than cars. These insurance limits can range from $750,000 to millions of dollars. If you get your facts right and have the right pieces of evidence, this means you can get more compensation from a truck accident than you would from a car accident.
However, insurance firms understand that there is a lot of money at stake and are always eager to go to extreme lengths to decrease or avoid settlements altogether.
Conclusion
A car accident claim involves a lot of legal procedures that must be followed to get the compensation that you desire. However, what is more complex than accident claims is truck accident settlements. The regulations and parties involved present a twist that can make it a lot more complex. To avoid getting cut up in the complexity and missing out on possible compensation, it is recommended that you speak with a truck accident attorney in Indiana.
Also Read: Why Truck Accident Cases in Honolulu Require Specialized Legal Knowledge
