A Walmart truck driver causes a crash that leaves you injured. Get medical care right away and legal help within days of the incident. A New Castle Walmart truck accident lawyer can help you obtain compensation for your losses.Vaughan & Vaughan has been serving all of Indiana since 1913. We can connect you with a board-certified truck accident lawyer serving New Castle who prioritizes your case. Discuss your case with an attorney from our team.
Who Is to Blame for a Walmart Truck Accident?
A New Castle Walmart truck accident attorney can determine who is to blame for your crash. The party liable for your collision depends on the facts of the incident. Parties that could be held accountable include:
Walmart
The truck driver involved in your crash
Truck manufacturer
Truck maintenance company
Vaughan & Vaughan has helped our clients recover over $25 million in damages in personal injury cases. Partner with a personal injury lawyer serving New Castle from our team. Contact us today to get started.
How Much Time You Have to Submit a New Castle Walmart Truck Accident Claim
The Indiana General Assembly (IGA) restricts the amount of time you have to file a claim. Based on IGA Indiana Code § 34-11-2-4(a)(1), the statute of limitations is two years. A Walmart truck accident lawyer serving New Castle can help you submit your claim immediately. Ideally, you can get full compensation for your losses through a liable party’s insurer. Unfortunately, this insurance company can make things difficult. The business could dispute your claim or offer you less than what you have suffered in losses. If warranted, your attorney can guide you through the process of filing a personal injury lawsuit. Your lawyer can explain each step of this legal process. They can help you get the best results out of it.
Compensation You Can Get in a Walmart Truck Accident Lawsuit
A Walmart truck accident attorney serving New Castle will encourage you to ask for economic and non-economic damages. They can put you in a position to secure the maximum amount of both. Reasons you could get damages in your lawsuit include:
Medical bills
Loss of income
Pain and suffering
Car repair or replacement costs
Loss of enjoyment of life
What you obtain depends on how badly you were injured and other factors. Your lawyer can discuss the average personal injury claim settlement with you. They can build an argument designed to show you are not to blame for your collision.
Proof You Can Use in Your Case
Evidence is essential in a Walmart truck accident case. If you have plenty of evidence, it becomes difficult for a liable party to contest your argument. Your attorney understands the importance of proof and will consider a wide range of evidence to strengthen your case, including:
Accident scene videos and photos
Witness statements
Truck driver logbook
Truck maintenance records
Truck black box data
The evidence you have could lead a liable party or their insurer to offer a fair settlement. If this happens, review the proposal with your attorney. From here, your lawyer can advise you on what to do, and you can determine whether to approve or reject the offer.
Proving Negligence in Your Case
Your lawyer helps you prove negligence in your personal injury case. They want to show that a party acted in a careless and reckless manner, which led to your Walmart truck accident. Your attorney can share details about how the following elements of negligence were present at the time of your crash:
Duty of Care: A party has a legal obligation to avoid dangerous acts toward you and others.
Breach of Duty of Care: The party chose to act unreasonably and put you in danger.
Causation: The party caused your accident.
Damages: You suffered economic or non-economic damages due to the party’s actions.
Just because you say a party was negligent does not guarantee you will achieve your desired case outcome. A liable party considers ways to dispute your case. If they are successful, the court could rule in their favor.
How Modified Comparative Fault Can Impact Your Case
You say a party is liable for your Walmart truck accident. This party claims otherwise. If a judge or jury finds you share the blame for your accident with the other party, the court could award partial damages. Indiana maintains a modified comparative negligence statute. This allows a court to award partial damages if you are 1-50% to blame for your truck accident. The court can reduce the damages awarded by your percentage of fault. You become ineligible for damages if you are more than 50% to blame for your truck collision. In this scenario, you are solely responsible for your crash-related losses. Your lawyer works diligently to help you show that you are in no way at fault for your crash.
Our Board-Certified New Castle Walmart Truck Accident Lawyers Have an Outstanding Track Record
You are unsure of what to do as you deal with the aftermath of your Walmart truck accident. Do not file an insurance claim or injury lawsuit alone. Work with a New Castle truck accident lawyer committed to fighting for the injured. Vaughan & Vaughan is an Indiana personal injury law firm with a history of helping truck accident victims and many others. Give us the opportunity to assist you with your Walmart truck crash case. Request a case consultation with us.
Exceptional Truck Accident Knowledge
Attorney Charles J. Vaughan is the only lawyer in the State of Indiana to hold a Class A Commercial Driver’s License (CDL). This distinction provides our clients with a clear advantage in trucking and other commercial vehicle accident cases.
