Truck Accident Lawyer Michigan City IN

Truck accidents are particularly dangerous. Trucks are longer, wider, taller, and heavier than other vehicles or pedestrians on the roads. These qualities make even a minor crash capable of inflicting terrible damage. More powerful crashes often leave victims with devastating consequences, reaching into all parts of their lives and altering their futures. 

Our Truck Accident Lawyer Michigan City IN law firm from Theodoros & Rooth, P.C. are here to help you get justice and regain some control of your future if you have been hurt in a truck accident. We have over 110 years of combined experience and special first-hand training in handling truck accident claims, and we are ready to put those advantages to work for you. 

What to Do After A Truck Accident

The first rule after a truck accident is to assess your injuries. If you cannot move without hurting yourself, stay still until emergency aid arrives. If you can, check on others involved and call 911 so emergency care and law enforcement can come to the accident site.  After this, follow our advice for what you should do (or not do) following an accident.

Collect Information

Get contact and insurance information from the other drivers involved. If there are passengers, get their contact details too. Document the truck’s license plate number and other identifiers. Some truck companies number their trucks–get that information. 

If there are witnesses, ask for their names, phone numbers, and email addresses. You can also ask them to write an account of what they saw happen while the details are still fresh in their minds and have them text or email that description to you. 

Law enforcement will arrive to make an official accident report. Get the names and contact information of the responding officers. 

Gather Evidence

Take photos and video of the entire accident environment. Take care to get the positions of and damage to the vehicles. Get photos of your own injuries, too. Take pictures of the road conditions, being sure to shoot potholes, uneven surfaces, or debris that could have contributed to the crash. Do the same for street lighting, traffic signs or signals, and road markings–if any of these elements are not working or faded, capture those problems. Photo the locations of traffic or surveillance cameras–they may have footage of the accident.

Watch What You Say

Accidents are terrifying and can bring out strong emotional responses, but it is important to control those emotions at the scene. Anger or fear can escalate an already bad situation or prompt you to say things that could later be used against you.

When speaking to the other parties involved, keep your words limited to exchanging information. Do not offer apologies–even general commiserating comments can be construed as admissions of fault. Do not speculate on what happened, and do not minimize your injuries. If you say anything at all about your injuries, it should simply be that you will be seeking medical care.

Follow the same rule when reporting the accident to your insurance company. Provide the basic facts of the accident–the time, date, and location. Do not speak to representatives from any of the other involved parties’ insurance companies. 

Tend to Your Injuries

If you are fortunate enough to walk away from a truck accident on your own strength, you still need to see a doctor that same day or the next at the latest. Accidents prompt surges of adrenaline that often hide pain and other injury symptoms. By putting off care, you could cause yourself further injury, serious complications, and even death. For example, trauma to your head, brain, or internal organs could lead to slow bleeds you might not notice until the situation becomes dire. You may need to stabilize your neck or spine to prevent debilitating spinal cord injuries.

Care postponement also gives the at-fault party ammunition to blame you for your increased consequences, claiming your failure to get immediate treatment, and not the initial accident, caused injury caused by your condition. They could also argue your injuries cannot really be as bad as you say if they did not demand fast care.

Once you have attended to your health and safety, reach out to the truck accident lawyers at Theodoros & Rooth, P.C.

Why a Fast Legal Partnership Matters

Along with our special truck-accident training and extensive collective experience, there are other reasons to choose us for trucking accidents. We offer client-focused representation. We are here to meet your needs. You can leave calls and messages with us around the clock and count on us for prompt responses. Connect with us for a free case consultation as soon as possible. Timing matters in a truck accident case.

The more time passes, the higher the possibility that evidence can get lost or become unavailable. For example, with fast access to your case, we can more easily contact witnesses. Camera footage is less likely to get erased or misplaced. We can also ask for the preservation of the truck’s “black box” data before the content is lost, either accidentally or on purpose.

Indiana’s two-year statute of limitations is another reason a fast legal partnership matters. We can conduct an investigation to identify the true at-fault party and file against them within that legal deadline. Failure to file within the two-year timeframe can lead to a case dismissal. But some case circumstances warrant a deadline extension, so even if you are afraid you have missed your chance to collect compensation, call us for a free case review. If there are grounds for an extension, we will pursue every option. 

How a Truck Accident Lawyer in Michigan City, IN Helps Your Case

Truck accidents involve special considerations, but your truck accident lawyer from our team will have those challenges well in hand. For one, a truck driver may work for a trucking company or as an independent contractor. The driver’s status affects what insurance company is responsible for damages. 

Since insurance companies do not want to make payouts, you can expect each to point the finger at the other. Our team has a comprehensive understanding of Indiana’s personal injury laws, is well-versed in navigating insurance structures, and will handle all communication with the insurance companies, demanding justice from the responsible party.

The Variety of Possible Negligent Parties

To collect compensation, you must prove the at-fault party was negligent. Filing against a party based on assumptions of what “apparently” happened is a mistake. As your case proceeds, you may realize you filed inaccurately and cannot prove negligence. Our truck accident attorneys will carry out a thorough examination of your accident to determine the negligent party. Possibilities include:

  • Truck Driver: Truck drivers often cause wrecks due to negligence. They may drive while fatigued, impaired, or distracted. They could make driving errors, violate traffic laws, or commit other unsafe actions.
  • Truck Company: Truck companies can take shortcuts with vehicle inspections and maintenance or with vetting and training drivers. They may be lax in enforcing mandatory hours-of-service and rest breaks or even encourage drivers to speed or avoid rest to benefit productivity.
  • Cargo Loaders: Cargo must be loaded with care to avoid shifts and imbalances that can lead to crashes. Drivers can also lose control of overloaded trucks, especially on turns, and tax the trucks’ braking system. If a load is too heavy, it may outweigh the brake’s capabilities.
  • Vehicle Manufacturers: Brake or steering system failures, weak coupling equipment, defective tires, or any mechanical breakdown can cause disaster. Companies who produce and install trucks and their respective parts could be liable when the vehicle malfunctions.
  • Inspectors and Mechanics: Truck inspectors must recognize vehicle problems so unsafe trucks are removed from the road. Mechanics must complete thorough repairs before declaring the truck safe for travel.
  • Government Offices: Different local, state, or federal government offices bear responsibility for keeping roads safe. Poor road conditions, inadequate lighting, and inoperative traffic signals could all contribute to accidents. In these situations, the respective government office could be culpable.

Those involved in the upkeep and operation of a commercial truck must adhere to all regulations established by the Federal Motor Carrier Safety Administration (FMCSA). Your truck accident attorney knows these regulations and will take special care to expose violations. 

Truck Accident Statistics

There were 4,734 total crashes involving large trucks in Indiana over a recent year, according to the FMCSA’s summary report. Of this total:

  • 119 were fatal, leading to 127 deaths
  • 4615 were non-fatal, leading to 1,518 injuries

For comparison, national numbers show:

  • 3,893 fatal accidents
  • 149,225 non-fatal accidents
  • 153,118 total accidents

Recent information from the Insurance Institute for Highway Safety (IIHS) distributes locations of large-truck accidents by road type:

  • 35% on interstates and freeways
  • 49% on other major roads
  • 16% on minor roads

In Indiana, these risky areas include Interstates I-94 and I-90. These roads cover long distances and have a significant amount of truck travel. Highways 12, 20, and 421 present similar dangers.

Experienced Truck Accident Attorneys Fight for Maximum Damages

The physical injuries sustained in a truck accident are likely to be severe. You will need a long time to recover if a full recovery is possible. Recovering takes time away from work, and this income loss, coupled with your medical and other accident-related costs, can quickly put you in financial distress.

The physical pain and financial strain lead to emotional suffering. You and your family now face an uncertain future. You may have to adjust to permanent disabilities preventing you from earning a living, caring for yourself independently, or engaging in activities you previously enjoyed. You deserve compensation for your physical, financial, and emotional losses, and your truck accident attorney will fight for the maximum.

If the at-fault party in your case acted with gross negligence or intent, you may be entitled to punitive damages. These damages put an additional financial penalty on the negligent party. If the circumstances of your accident warrant the pursuit of punitive damages, we will work to present the “clear and convincing evidence” the law requires. 

Indiana’s Negligence Laws

Under Indiana Code (IC) 34-51-2-6, you can only collect damages if you are less than 51% at fault for the accident. If you meet this criteria but still hold a percentage of blame, your compensation amount is reduced by that percentage.

The other side will try to lower their payout by increasing your fault. Our team will fight to protect you from unfair blame and reduced compensation. 

Sending a Settlement Demand

Many truck accident cases settle out of court. Our team will value your losses and send a settlement demand to those representing the at-fault party. Usually, they will respond with a counteroffer, an amount lower than your demand. The back-and-forth continues until both sides come to an agreement. We will keep you updated on the status of the negotiating process, informing you of every move and counter-move. 

While we will work to settle your case without a trial, we will not encourage you to accept a settlement that is too low just to avoid a court battle. We will know the strength of the evidence and the value of your case and want what is best for you. 

Representing You in Court

If the other side refuses to engage in negotiations productively or makes only low offers, we will explain your options and the potential outcomes of settling vs. going to court. We will offer informed legal guidance to help you make your decision. If you choose to go to court, you can count on your truck accident attorneys in Michigan City, IN for dedicated, aggressive representation.

We Care. We Fight. We Get Results

In the days following your truck accident, you may feel overwhelmed and alone. Accident trauma takes a toll on you physically and emotionally, and the intensity of that toll increases as you consider your future. The team at Theodoros & Rooth P.C. is here to tell you that you are not alone. Contact us by phone or message. Think of us as your guardians of justice. We will offer you personal support to help you through this challenging time and manage your case so you can face a more stable and hopeful future.