You’ve walked away from a truck accident. Now, you’re weighing your options. How do you pay for all of your new bills? Do you have the emergency funds to contend with medical expenses, property damage, and wages lost while you’re out of work? How, too, can you address the mental and emotional toll a semi truck accident takes on you?
When in doubt, turn to Vaughan & Vaughan. Our Muncie, IN, truck accident lawyers understand the toll truck accidents take on your daily life. We subsequently work to mitigate the stress that you’re under. You can come to our office and have us investigate your accident so we, in turn, can take up a civil court case in your name.
What Are Your Rights After a Truck Accident?
Indiana gives you the right to pursue a personal injury claim, or a truck accident claim, against the party liable for your recent accident if you can prove that said party engaged in negligence at the time your accident took place. You specifically have the right to demand damages equivalent to or greater than the cost of your losses from your liable party.
If you want to demand these damages, you need to file a truck accident claim with your Muncie civil court. That claim needs to go into detail when declaring who you want to hold liable for your losses. You must present evidence alongside your assertion of fault if you want your claim to move forward.
Your truck accident claim should also detail the economic impact an accident had on your life. You need to present evidence of your economic and non-economic truck accident losses before submitting an estimated total of your case’s value. This information must appear in your complaint, or else a court won’t allow you to proceed with either private negotiations or a trial.
When to File a Truck Accident Civil Claim
Your complaint needs to be more than comprehensive. It must reach a Muncie civil judge within Indiana’s truck accident statute of limitations or Indiana Code section 34-11-2-4. This statute of limitations gives you until the second anniversary of your accident to bring your concerns forward. Miss that filing deadline, and you waive your right to legal action.
Unfortunately, getting your complaint in before that statute expires can prove difficult, especially if you’re dealing with life-changing injuries. That, however, is where our team comes in. You can count on Vaughan & Vaughan truck accident attorneys in Muncie to prioritize your filing deadline. We can get your complaint to a judge while you focus on treating your injuries.
Who to Hold Liable After a Truck Accident
You may instinctively want to blame a truck driver for your losses. Before you follow your gut, though, you have to consider what evidence of fault stands available at the scene of your accident. You must have the means to prove liability, regardless of how you feel in the wake of an accident. With that in mind, it’s important to get your hands on:
- Black box data
- Statements from truck accident witnesses
- Expert witness statements
- Videos and photos of your accident
- Social media and news footage of your accident
All of this information can help you assign fault for your losses. That said, when you’ve been hit by a semi truck, you also have to consider what role contracts might play in your case. A semi truck accident lawyer in Muncie can help you assign fault to either of the following parties, provided that the evidence points you in the right direction:
Many modern truck drivers work as independent contractors. Independent contractors bear the responsibility for their own insurance and legal protection. If you get into a crash with someone working as an independent contractor, and the evidence stands with you, you can hold that individual liable for your losses.
While many truck drivers work as independent contractors, there are some who companies categorize as employees. If a company classifies the driver who hit you as an employee, you may have the right to hold that corporation liable for your losses. You must, however, verify the driver’s status within their company before naming a corporation liable in your claim.
What Damages to Request After a Truck Accident
As mentioned, you have the right to demand non-economic and economic damages from the party responsible for your truck accident. Your right to these damages doesn’t change, regardless of whether you’re holding a company or an individual responsible for your accident.
That said, you must bring forward evidence proving your right to these damages if you want to receive them in either negotiations or a trial. The economic and non-economic damages you can request after a truck accident can include:
- Pain and suffering
- Property damage and essential restorations, repairs, and rentals
- Lost wages while recovering
- Emergency medical attention
- Long-term medical care, including surgeries and at-home aids
- Mental anguish
- Emotional distress
- Funeral expenses and wrongful death, if applicable
Our Muncie truck accident attorneys calculate the total value of your case by assessing what evidence of these losses you can bring forward.
Let Experienced Attorneys Investigate Your Losses
You deserve the time and financial assistance you need to recover fully from a semi truck accident. Unfortunately, neither insurance providers nor a liable party may provide you with this support unless you demand it. If you need help bringing your losses to the right party’s attention, let Vaughan & Vaughan investigate your losses.
A Muncie, IN, truck accident attorney can work with you to revisit the accident scene, format your complaint, and demand compensation from applicable parties. You, in turn, can prioritize your recovery without waiving your right to legal action.
For more information about Vaughan & Vaughan’s personal injury services, contact our team online or by phone.