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filing claim against a trucking company

Indiana is the ninth most dangerous state when it comes to trucking accidents. Each year, commercial trucks cause thousands of accidents and over 100 deaths in our state. Survivors of a truck accident often face lengthy recoveries, especially if they have extensive property damage or physical injuries. 

If you were hurt in a truck accident, you can file a lawsuit to recover compensation for your damages. Gerling Law Injury Attorneys can help you with filing a claim against a trucking company.

Our lawyers have over 60 years of experience getting compensation for clients and are ready to work for you. Call our firm today to discuss your case in a free, confidential consultation. 

Steps in Filing a Lawsuit Against a Trucking Company

Getting fair compensation after a trucking accident requires taking some initial steps. Here’s what you must do to build a strong foundation for your claim.

Report the Accident

Reporting the accident is crucial. Call 911 immediately to get medical attention and have the police create an accident report. This document details the scene, driver information, witness statements, and the officer’s observations. The report is vital evidence to support your claim, so ensure all details are accurate and filed promptly.

Seek Medical Attention

Don’t wait to get medical help, even if you feel okay. The adrenaline from the accident can mask injuries, and some conditions take days to show symptoms. A doctor can evaluate any injuries before they worsen and recommend treatment.

Moreover, your appointment will create medical records that can be vital evidence linking your injuries to the trucking accident. 

Keep Records of Everything

You need evidence that supports your claim against the trucking company. Take detailed photos of the accident scene, including damage to your vehicle and any visible injuries. Keep copies of all medical bills, receipts for car repairs or replacements, and documentation of lost wages.

Note down any out-of-pocket expenses related to the accident. This meticulous record-keeping creates a clear picture of the accident’s impact on your life, both financially and physically.

Call a Personal Injury Lawyer

An experienced personal injury lawyer can be your strongest advocate throughout the claim. Not only will your attorney know how to sue a trucking company, but they will also know how to negotiate a fair settlement. Most importantly, your lawyer will manage the legal process and protect your rights so you can focus on recovering.

Potential Challenges During a Truck Accident Lawsuit

All types of lawsuits can be complex, but filing a claim against a trucking company can bring many unexpected challenges. Here are some common challenges you might face.

Complex Legal Disputes

Trucking accidents involve a unique set of laws beyond standard traffic regulations. These include federal regulations on driver hours-of-service, cargo loading procedures, and truck maintenance. Understanding these complexities and how they apply to your case is essential to building a strong claim. A lawyer can interpret these regulations and show any violations contributing to the accident and your injuries.

Identifying the Liable Party

When you file a claim against a trucking company, knowing who to sue is a significant hurdle. Unlike a typical car accident with two drivers, a trucking accident can involve a web of potentially responsible parties

Examples of these parties include:

  • Truck drivers, 
  • Trucking companies, 
  • Manufacturers, and 
  • Mechanics. 

This complexity makes it difficult to pinpoint who’s at fault and requires a lawyer to build a strong case against the proper party.

High-Pressure Insurance Adjusters

Trucking companies carry significant insurance policies, but getting these insurers to honor a truck accident insurance claim isn’t easy. Their adjusters are trained negotiators focused on minimizing payouts. They might downplay your injuries, use confusing language, or even deny your claim.

Dealing with these tactics requires a strong advocate. An experienced lawyer can counter their strategies, negotiate forcefully, and ensure you receive the fair compensation you deserve.

Filing a Claim Late

Missing Indiana’s strict deadline for filing a truck accident lawsuit can be a critical and costly challenge. Indiana has a two-year statute of limitations, meaning you generally have two years from the accident date to file a lawsuit.

If you miss this deadline, you could be barred from seeking compensation. Meeting with a lawyer as soon as possible ensures you meet this crucial deadline and don’t lose your right to fight for fair compensation.

Frequently Asked Questions

Having questions after a truck accident is normal, so we’ve prepared answers to common issues we discuss with clients. Contact Gerling Law for a free consultation if you have other concerns or need specific guidance.

How Much Compensation Can I Recover?

Unfortunately, there’s no simple answer to this question. Every truck accident case is unique, and the compensation you receive depends on the circumstances of the accident. Some cases settle for a few thousand dollars, while others can reach the millions.

Some of the damages you might be able to recover compensation for include:

  • Medical bills,
  • Lost wages,
  • Reduced earning capacity,
  • Pain and suffering,
  • Emotional distress, and
  • Property damage. 

Gerling Law has extensive experience handling truck accident claims. We can analyze the details of your case, calculate a range of potential compensation, and fight for a fair outcome.

How Much Does an Attorney Cost?

We understand the financial stress an accident can cause, so we work on a contingency fee basis. Under this model, you won’t pay any upfront fees when filing a claim against a trucking company. We only collect a fee if you win your case or receive a settlement. The exact percentage depends on the facts of your case.

What Happens If the Trucking Company Offers Me a Settlement?

Trucking companies may offer a quick settlement to avoid a lengthy lawsuit. However, the initial offer might not cover the full extent of your damages. If you accept it, a court might block you from taking further legal action, even if you need assistance. It’s best to speak with a lawyer before accepting a settlement. They can review the offer and negotiate a fair amount that reflects your losses.

Schedule Your Free Consultation

You deserve fair compensation after a truck accident. At Gerling Law, our skilled lawyers have decades of experience navigating complex truck accident claims and securing significant settlements for our clients. Don’t wait to get the legal muscle you need. Schedule a free consultation today. We’ll listen to your case, explore your options, and fight for the maximum compensation you deserve.

Author Photo

Gayle Gerling Pettinga

Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.

Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.

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