Holding Trucking Companies Accountable

Few types of accidents are as terrifying — or as damaging — as those involving large commercial vehicles. The victims of trucking accidents frequently suffer severe injuries, and as a result, their insurance claims tend to be more substantial. Unfortunately, getting the insurance company to honor the full value of those claims can become an enormous challenge, and the process of pursuing financial justice is confusing. It might even feel impossible. That’s where an Indianapolis truck accident lawyer can help.

Justice isn’t impossible. In fact, with an experienced truck accident law firm on your side, it’s very much within reach.

Typically, the compensation claims in these cases are also filed against the company that owns the vehicle or employs the driver. That means you have a better chance of recovering the compensation you’re truly owed, but it also means the entire claims process becomes much more complicated. Not only are you going up against a big company with lots of lawyers, but they’re also going to get their insurance company involved (and in turn, the insurers have legal armies all their own).

Don’t expect trucking companies or their insurance companies to do you any favors. Their job is to protect their own financial interests. If they offer you a financial settlement, the amount is likely less than what you deserve. That’s why it is important to discuss and review your claim with an experienced Indianapolis truck accident attorney first.

If you have suffered from a truck accident, don’t hesitate to contact the attorneys at Eskew Law today.

What Makes Eskew Law Different

At Eskew Law, we fight for truck accident victims so that your voice gets heard against the corporate giants on the other side. We’re here to put you on a fair playing field — and to pursue your best interest as aggressively as the defendants are pursuing theirs. As a result, we’re often able to procure private settlements that favor our clients and keep them out of court. If that isn’t possible, we’re willing and ready to take the defendants to trial. Either way, you don’t have to pay us a penny in attorney fees unless we get you money.

Testimonial: “Chris Eskew is the epitome of what you would want from an attorney.”

“Honest, hardworking, very upfront about the possibilities and genuinely cares about you, your family, and especially your results. He answered all of my questions and kept me informed of procedures along the way. I would HIGHLY RECOMMEND Mr. Eskew and any of his associates.”

-Anonymous Client

How are Truck Accident Cases Different from Car Accident Cases?

Although one may think that car accidents and truck accidents are alike and handled in similar ways, they are not. There are various details about truck accidents that set them apart from typical car accidents.

How Much Time Does It Take for a Truck Accident Lawsuit in Indiana?

While insurance companies may push injured victims into a settlement as soon as possible, it’s almost always to the insurance company’s advantage—and not to the victim. Settling quickly may seem like a great idea in the short term, but it usually leaves you with less compensation than you deserve.

While hiring an attorney may not rush you through the process, it does ensure you receive the monetary support you need to move forward with your life. You may want to know how long truck accident lawsuits take. Various factors influence the length of time a case may take, including:

• Initial investigation into fault regarding the case,
• Insurance policies for involved parties,
• The severity of your injuries and medical treatment,
• The success of settlement negotiations,
• Whether a trial is required to obtain compensation.

How these factors may influence your case depends on the circumstances surrounding your situation.

The Causes of Truck Accidents Are Different

While some causes of truck accidents may be similar to causes of car accidents, like distracted driving, there may be added factors in truck accidents. In a truck accident, the driver will not always necessarily be at fault. Because trucks are unlike a simple vehicle, they require plenty of maintenance. If a vehicle is improperly maintained, the trucking company or individual responsible for maintenance may play a role in causation.

Laws and Regulations Governing Trucks Are More Complex

Trucks are large in size, can be dangerous, and are capable of causing major damage. Commercial truck drivers have to go through specialized training and receive a special license to do their jobs. Commercial trucks themselves are governed by many more regulations than a regular vehicle because of the nature of their function. These regulations encompass maintenance and truck inspections.

Because truck accident cases can be more complex, it is especially crucial to have a qualified Indianapolis truck accident attorney that knows and understands the laws and regulations pertaining to commercial trucks.

In Truck Accident Cases, are There Any Special Laws?

Special laws exist for the operation of commercial trucks in Indiana. When a driver or their employer fails to comply with the trucking laws in Indiana, they may be liable for damages suffered in an accident. An Indianapolis truck accident lawyer understands the regulations associated with truck accidents and how these laws may help strengthen your case.

• Restrictions on Tractor-Trailer Size and Weight: Indiana state law sets a limit on the total weight of a commercial truck. Large trucks must also adhere to size restrictions to safely operate these large vehicles on state roadways.
• Requirements of Commercial Truck Drivers: Commercial truck drivers must obtain a valid commercial driver’s license to drive a semi-truck. Getting a commercial driver’s license requires an individual to satisfy the following:
  • Get a commercial driver learner’s permit,
  • Hold the permit for 14 days,
  • Pass the truck inspection, basic vehicle controls, and driving tests.

The federal government also thoroughly checks the driver’s status in all fifty states to ensure there are no outstanding issues associated with the driver.

Larger Insurance Policies

Due to their size and constant interstate travel, commercial trucks are typically covered with insurance policies that can be worth up to 50 times more than a regular car insurance policy.

These insurance policies are often worth millions, and insurance companies will do anything to get out of liability and avoid giving plaintiffs a large payout. A knowledgeable truck accident attorney knows how these insurance companies work and how to reach a fair settlement.

Role of an Insurance Company? Are They With You?

Insurance companies may appear to look out for you, but in truth, they are protecting their interests. Insurance adjusters may do everything in their power to disprove your claim. Additionally, insurance companies may try to tempt you with an early settlement under the guise of alleviating your financial burden while offering far less than your case may be worth. Don’t speak to an insurance company without first talking with an attorney. You could unintentionally say the wrong thing and damage your claim. Your attorney is a buffer between you and aggressive insurance companies and understands the tactics and strategies employed to hurt your case.

FAQ: How Can an Indianapolis Truck Accident Attorney Help Me?

Our first step is to hear your story so that we really understand your claim. Then the investigation begins. It isn’t uncommon for the defendants to deny liability in these cases, or to otherwise minimize the monetary value of the injuries.

To combat that, we dive deep into the facts of the crash — working with outside experts when necessary — to build a compelling case against the trucking company and their insurers.

You can count on our team to handle every obstacle that arises. Put the burden on our shoulders. We answer every phone call and handle every interaction so you don’t risk making mistakes. Our ultimate goal is maximizing your financial compensation. That means combining the facts, the law, and our negotiation experience to steer your case toward the best possible outcome. At every turn, our job is to make your life easier and fight for your rights.

FAQ: Who Can I Sue in a Truck Accident Lawsuit?

Sometimes, trucking accidents involve multiple defendants. These might include:

• The owner of the trucking company;
• The truck driver;
• Truck driver’s employer;
• A company responsible for leasing the truck;
• Vehicle manufacturer;
• State or local governments;
• Third-party drivers or businesses; or
• Insurance companies.

A thorough investigation of your case will ultimately lead to those parties responsible for your accident.

FAQ: If a Truck Caused the Death of My Loved One, Can I Sue?

When the unthinkable happens, and you lose a loved one due to a truck driver’s negligence, it’s important to remember that you have a right to sue. Indiana law recognizes the right of survivors to sue that person, and possibly an employer and other entities, to be compensated for the lost financial earnings the loved one would have provided. Although financial compensation will never replace the loss of a loved one, obtaining that monetary support often assists spouses, children, and other loved ones in moving forward with their lives.

FAQ: How Can Trucking Accidents Happen?

Large commercial vehicle accidents are associated with a particular set of risk factors. Common causes include:

• Drowsy driving due to long hours on the road;
• Driving under the influence of alcohol or drugs;
• Speeding;
• Defective brakes, which wear out quickly on large vehicles;
• Following too closely;
• Failure to look carefully before making turns or changing lanes;
• Violating state and federal trucking regulations; and
• Texting and driving.

Common Truck Driver Mistakes

Many truck drivers grow tired and road-weary after days and days on the road. While you may feel confident driving next to a truck driver, it’s important to remember that they make mistakes too. Unfortunately, when a truck driver makes a mistake, it often leads to catastrophic results.

Understanding the common causes of Indianapolis truck accidents may keep you safe the next time you head out on the highways.

1. Driving under the influence. Truck drivers may often turn to alcohol or drugs to help cope with the long hours alone on the road. Driving while intoxicated reduces a driver’s motor coordination, reaction times, and reasoning.
2. Drowsy driving. Staying awake behind the wheel for long hours is difficult. When truck drivers fail to listen to their bodies and push themselves, fatigue often catches up with disastrous results.
3. Speeding. Tight deadlines may lead a truck driver to speed on the road. A large vehicle speeding down a roadway poses a significant hazard to those around them.
4. Driving while distracted. Truck drivers may engage in distracting behaviors to keep themselves awake or entertained while driving long distances. This behavior takes their attention from their primary responsibility and often leads to accidents.
5. Failing to properly check or secure a load. Truck drivers may not always load cargo themselves, but they are responsible for ensuring that all loads are properly secured. Shifting loads cause serious issues on large trucks and may result in a driver losing control.
6. Losing track of blind spots. The blind spots of a truck are substantial and carry huge stakes. Drivers must pay careful attention to everything going on around them to decrease the risk of collisions.
7. Failure to maintain. Truck drivers may leave the maintenance of their vehicle to their employer. However, drivers must report any problems with their trucks. Unfortunately, some truck drivers fail to do so, resulting in mechanical issues while driving.

Understanding what led to your truck accident assists your attorney in building a solid case on your behalf. A clear determination of a truck driver’s liability in causing your accident gives you the upper hand in settlement negotiations as you move through the lawsuit process.

Liability That Can Affect Case Value

Indiana is not a no-fault state. It is a fault state that operates under a modified comparative fault system. Under this theory, an injured victim is entitled to compensation for their losses as long as they are 50% or less at fault in an accident. Any party deemed to be 51% or more at fault is barred from recovering damages. Your attorney works to determine exactly what happened in your truck accident and prevent insurance companies from shifting more fault onto you.

Additionally, several potential parties may be held responsible in a trucking accident. When a truck driver employed by a trucking company hits you and causes your injuries, you may be able to receive from the following potential parties:

• Manufacturer of the truck,
• Owner of the truck or trucking company,
• The truck driver.

Depending on who is primarily liable for your losses, you may be able to recover from one or all of these mentioned parties.

Common Injuries Resulting from Trucking Accidents

More often than not, injuries resulting from truck accidents are far worse than those experienced after a car accident. Some of the most common truck accident injuries include:

• Head injuries,
• Back and neck injuries,
• Broken bones,
• Internal injuries, and
• Spinal cord injuries or paralysis.

In some unfortunate cases, truck accidents may lead to death.

When truck drivers fail to adhere to laws implemented for their safety and the safety of others, they can cause serious accidents. If you suffered injuries in a truck accident, the success of your claim hinges on proving the truck driver’s negligence. Without an attorney, this may be impossible. Your attorney works to anticipate the possible defenses of truck drivers, their employers, and the insurance companies. Don’t miss out on the compensation you deserve by trying your case without the experience of an Indianapolis truck accident attorney.

The statute of limitations for most personal injury cases in Indiana is two years. The statute of limitations defines the period that an injured victim must file their case before the courts bar them. This period typically begins running on the date of the incident. Accordingly, it’s best to speak to an attorney about your truck accident lawsuit as soon as possible.

Free Case Review with an Indianapolis Trucking Accident Attorney

Facing an injury from a large trucking accident in Indiana? Christopher Eskew and his team of attorneys want to help. We know how overwhelming your situation might seem right now, and we’re ready to step in and make a difference.

If you negotiate with powerful corporations and their insurers on your own, you risk settling for less money than you’re owed. Before you make any decisions or sign any forms, talk about your options with our experienced legal professionals.

We offer free case reviews for truck accident victims, and if you ultimately choose to hire Eskew Law, you won’t have to pay our firm a fee unless and until we recover compensation on your behalf. Remember: time limits apply for filing a compensation claim in Indiana. Don’t delay. Contact Eskew Law and ask for a free case review today.