New Castle rests a little ways away from I-70, carrying trucks and private motorists from Indianapolis to Ohio and back again. Unfortunately for residents, that proximity to I-70 and I-3 can expose locals to drivers who aren’t doing their due diligence. If those drivers fail to safely navigate through New Castle or the surrounding areas, they put locals at risk for accidents.
Vaughan & Vaughan understands how frustrating it can be to try and get a negligent truck driver to acknowledge their role in an accident. That’s why we offer accident survivors like you the chance to work with our personal injury attorneys in New Castle. You can count on our team members to represent your best interests in your post-accident fight for a fair settlement.
If you’re ready to learn more about your right to compensation in the face of a truck driver’s negligence, you can schedule a consultation with Indiana’s personal injury lawyers.
How to Assign Liability After a New Castle Truck Accident
You can’t take legal action after a truck accident if you don’t know who bears the blame for your losses. If you want to start investigating your circumstances, you can document the accident scene and help an attorney bring forward evidence of a specific party’s negligence. Our New Castle truck accident lawyers are also prepared to conduct an investigation on your behalf.
The evidence that can most effectively help you assign liability after a truck accident can include the following:
- Statements from bystanders
- Dash-cam and storefront footage
- Photos from before and after the accident
- Expert witness opinions
- Police reports
- Medical reports
- Statements from insurance claims adjusters
- Physical debris
Our team can integrate all of this data, along with applicable analysis, into the claim you file with an Indiana civil judge. We can then use the information gathered from this data in tandem with information about a liable party’s employment to determine who you can hold responsible for your crash.
Holding Third-Parties Liable for a Truck Accident
There’s a chance that the truck that hit you was as much a victim of someone else’s negligence as you were. If a private motorist, pedestrian, motorcyclist, or related party caused the truck to swerve, both the truck driver and third party may assume liability for your losses.
Similarly, truck drivers may lose control of their vehicles if a manufacturer fails to appropriately test the truck before its release. Mechanics can fall victim to similar negligence. In both of these cases, you may have the right to distribute fault for your losses between attending parties.
You can work with an attorney in these circumstances to determine the appropriate division of fault.
Holding Truck Drivers Liable for a Truck Accident
Most truck accident survivors assume that a truck driver played an immediate role in their losses. This can oftentimes be the case. So long as the truck driver in question works as an
independent contractor and not a corporate employee, injured parties can take up a lawsuit against the offending driver, specifically.
Holding Corporations Liable for a Truck Accident
If an on-duty employee hit you, the evidence you bring forward to prove that employee’s liability may not matter. The liable party’s employer may automatically assume liability for their employee’s misconduct. That said, both you and an attorney should investigate the liable party’s contract before making any assumptions about who you have the right to sue.
Should the corporation assume liability for their employee’s behavior, you can name that corporation responsible for your economic recovery in your complaint. Most trucking agencies and packing companies prefer to stay out of civil court and may subsequently request that you meet with their representatives for settlement negotiations.
You have no obligation to agree to these negotiations nor to accept the first settlement offer you receive. You can rely on Vaughan & Vaughan instead. Our team can assess the value of a settlement offer and determine whether or not it respectfully addresses the breadth of your losses. We can then advocate for your right to maximized compensation.
How to Fight for Truck Accident Damages
Once you know who you can hold liable for your truck accident losses, it’s time to file your personal injury claim. Our truck accident attorneys in New Castle, IN, can help you elaborate on the overall value of your losses before submitting your claim to a civil court.
If you want your case to move forward, make sure your claim makes it to a judge before your statute of limitations expires. Indiana outlines its statute of limitations for truck accident cases in
Indiana Code section 34-11-2-4. This statute gives you no more than two years to act on your losses.
You’re not obligated to go to civil trial after you file a truck crash claim. You can work with an attorney to arrange private negotiations with a liable party instead. Should the liable party prove belligerent, though, our truck accident lawyers can take your case before a judge.
Vaughan & Vaughan Can Represent Your Best Interests
It’s not impossible to recover from a New Castle truck accident. Lawyers can provide you with the representation you need to hold a negligent party liable for their roadway misconduct. With our help, you can demand accident-based compensation from an offending party. You can then use the support you’ve won to pay your bills and get your life back on track.
That said, Vaughan & Vaughan understands that many survivors may find themselves reluctant to pursue civil action against an offending party. That’s why we offer
free case consultations to parties considering legal action. You can schedule your consultation by phone or through Vaughan & Vaughan’s online portal.
Let’s fight for your right to a fair truck accident settlement today.
