West Lafayette is home to a rotating roster of ambitious college students and tolerant locals, thanks to its proximity to Purdue University. With an ever-busy calendar full of graduations, final exams, and move-out dates, it’s natural to see a fair number of trucks on the road. Moving trucks, construction crews, and commercial transports all have their place.
The busy nature of West Lafayette does not, however, give truck drivers free rein to do as they will on the road. If you get into an accident with a truck in West Lafayette, you have the right to take legal action. You can partner with a West Lafayette Personal Injury Lawyer at Vaughan & Vaughan to vigorously pursue the compensation you rightfully deserve when facing the aftermath of your truck accident.
Holding the Right People Responsible for a Truck Accident
Taking action after a truck accident sees you resume control over your losses. If you want to demand damages for your losses in court, you must file a civil claim. That claim needs to elaborate on both the economic value of your losses and the identity of the party you want to hold responsible for your accident.
Unfortunately, identifying that party isn’t always easy. Even if it looks like a truck driver’s negligence resulted in your losses. Contracts might prevent you from holding that individual responsible. If, for example, the truck driver works as an employee with a W2 for a trucking agency, that agency may bear the brunt of your losses.
You can hold a truck driver liable for their misconduct on the road personally if you can both prove their negligence and indicate that they operate as an independent contractor. Independent contractors consider truck agencies or related industries clients and must represent themselves in civil court in the face of a lawsuit. For professional legal guidance and support throughout this process, consult with an experienced Indiana Personal Injury Lawyer.
Acting Quickly After a Truck Accident
The benefits of acting quickly after a truck accident don’t lie solely in your quest to hold the right parties accountable for your losses. You’re also working against the clock. Indiana uses Indiana Code §34-11-2-4 to cap the amount of time you have to bring your concerns forward to a civil judge.
Specifically, you must file a truck accident claim within two years of your accident. If you don’t bring your claim forward before this statute of limitations expires, you will waive your right to court-awarded compensation.
How to Demand Truck Accident Damages
A truck accident claim’s ability to help you secure justice for your losses and allow you to demand damages go hand-in-hand. As you gather evidence to identify liability after a truck collision, so too do you gather evidence that quantifies your truck accident losses. Specifically, you can gather evidence to defend your right to economic and non-economic damages.
To demand compensation after a severe accident, you should estimate the total sum of your accident’s impact on your life. Factors that can contribute to this sum can include:
- Medical expenses
- Loss of property
- Loss of time at work
- Reduced opportunities for employment
- Mental anguish, pain and suffering, and emotional distress
- Loss of consortium and companionship
- Wrongful death and funeral expenses
You can discuss how to establish the value of these losses with an experienced West Lafayette truck accident attorney.
Negotiating for Truck Accident Damages
Once you’ve calculated your truck accident case’s value, it’s time to put your claim into action. Provided that your claim moves forward in civil court, you can choose to either negotiate with the party liable for your truck accident or request that a judge and jury oversee your case.
Negotiating for truck collision damages allows you a more direct hand in your case. You and your attorney can meet with a liable party outside of court, at which point you can directly contribute to conversations about a settlement. You may have to negotiate, but truck crash settlement negotiations tend to resolve more quickly than trials.
That said, you may have to transition your negotiations into a trial. There are times when two parties can’t come to an agreement about the nature of owed compensation, and others where the liable party may be belligerent. Our team can help you assess your circumstances and determine how best to move forward.
When to Call a Truck Accident Attorney
In the days immediately following a truck accident, you and your loved ones need to focus on securing the medical care you need to address your injuries. Unfortunately, the evidence you need to establish liability for your losses can disappear into the hands of people who don’t want you to have it.
That’s why getting in touch with a truck accident attorney as soon as possible after a West Lafayette accident is important. Our team can return to the scene of your accident while you’re still receiving the care you need to recover. That quick action can make the difference when you go to argue your right to accident compensation.
You, a loved one, or a personal executor can reach out to Vaughan & Vaughan to schedule a case consultation with our team. The first consultation with our personal injury lawyers comes free of charge and does not require you to commit to civil action. Instead, you can discuss your paths to recovery and what steps you may need to take to reach your goals.
Vaughan & Vaughan Stands With You
Navigating the complexities of truck accidents and related liability doesn’t have to be stressful. Our attorneys can give you the means to focus on your recovery while pursuing evidence of negligence on your behalf. When you schedule a consultation with Vaughan & Vaughan representatives, you give yourself the grace to pursue your financial and physical recovery.
You can reach Vaughan & Vaughan representatives over the phone or through our website. Schedule a stress-free case consultation with one of our West Lafayette, IN, truck accident lawyers today, and let’s discuss how Indiana law may entitle you to support in the face of another person’s roadway recklessness.