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Trucking Law 2018-07-06T20:38:26+00:00
Truck Accident

Any accident involving a semi-truck is likely to cause severe injuries. Victims who are fortunate enough to survive often face exorbitant medical bills and cannot return to work. If your financial future is in jeopardy due to a collision that you did not cause, turn to an Indiana truck accident lawyer from Avnet Law for legal guidance.

You may be entitled to compensation for lost income, healthcare expenses, pain and suffering, vehicle repairs, and other damages. Avnet Law will review any evidence you have gathered, perform a thorough investigation into your collision, and help you fight for the maximum compensation.

Ary Avnet is a former attorney at the largest transportation law firm in the United States, where he defended trucking companies in large-loss negligence and wrongful death lawsuits with millions on the line. This background gives him a unique skillset when it comes to representing clients who have been injured or lost loved ones in truck accidents.

Avnet Law accepts cases on a contingency fee basis, so you won’t have to pay any attorney’s fees unless he wins your case.

To schedule a free consultation, call 1-877-77-AVNET.

Read on to learn the answers to a few frequently asked questions about truck accident claims in Indiana:

Truck Accident

Common Legal Questions for Truck Accidents

With so much to do in the aftermath of a serious truck crash, it’s tempting to put off your consultation with a lawyer—but doing so could jeopardize your claim. To give your case the best chance of resulting in a fair settlement, there are steps you must take and mistakes you must avoid over the days and weeks that follow the collision. A seasoned truck accident lawyer will guide you through the claims process and help you avoid costly errors such as:

  • Missing appointments with your doctor;
  • Making recorded statements to the insurance company or the trucking company’s legal team;
  • Publishing details about your case on social media;
  • Missing critical deadlines;
  • Overlooking evidence; and
  • Signing a release and accepting a settlement before you know the full extent of your injuries.

To win your case, it must be shown that the defendant’s negligence caused your injuries. Depending on the cause of your crash, your attorney might use the following types of evidence to prove liability:

  • Testimony from people who witnessed the collision;
  • Surveillance and dashcam footage;
  • Truck Driver’s Log Books;
  • Bills of lading;
  • Cell phone records;
    Toll booth, gas, and restaurant receipts;
  • Weigh station records;
  • The police report; and
  • Accident reconstruction expert testimony.

It is important to understand that immediately following a truck accident, the trucking company’s attorneys will be at the site as soon as possible to gather evidence, interview witnesses, and talk to the driver. The trucking company has the resources to make sure this gets done immediately after accident. By comparison, most injured parties are either in the hospital, injured, or recovering before they even think about contacting an attorney.

While you do have two years to file a lawsuit, delaying the start of your case and allowing the trucking company to have this advantage can hurt your future suit. Contact us at 1-877-77-AVNET today to secure representation and have your own attorney gathering and preserving the evidence as soon as possible.

If you were injured in a truck accident, you may be entitled to compensation for your medical bills, lost income, loss of future earning capacity, vehicle repairs, pain and suffering, mental anguish, and loss of enjoyment in life. Punitive damages may also be recoverable if the defendant’s actions constituted gross negligence or willful or wanton misconduct.

It is very likely that you will receive a phone call from the trucking company’s insurer soon after the accident. If this happens, you should decline to answer any questions and refer the caller to your lawyer.

The claims adjuster represents the trucking company’s insurance company, and therefore, may have incentive to find reasons to dispute your claim. You might be coerced into unknowingly admitting fault or making other compromising statements during a recorded conversation. Your Indiana truck accident attorney will know how to handle correspondence with the insurance company without compromising your claim.

From medical bills to property repairs to lost income, the costs incurred immediately after a truck accident can be prohibitively expensive, so you might think that you won’t be able to afford an attorney. Fortunately, Avnet Law works on a contingency fee basis, so you won’t have to worry about paying anything upfront to take advantage of its legal services. Also, you won’t owe any attorney’s fees unless you recover compensation.

DO NOT SIGN A RELEASE until you have discussed your case with an Indiana truck accident attorney. Even if the settlement offer is enough to cover your medical expenses, vehicle repairs, and lost wages, it might not include all the compensation to which you are entitled. For example, the initial settlement offer might leave out non-economic damages such as pain and suffering and mental anguish, or compensation for lost earning capacity and future medical care. If you accept a settlement that does not cover all of your future damages, you might wind up in overwhelming debt, and if you sign a release, you will not be able to pursue further compensation.

Yes. If your family member died in a truck accident that was caused by another party’s negligence, you may be able to bring a wrongful death claim. You may be able to recover compensation for:

  • Burial and funeral expenses;
  • Lost income including prospective net accumulations;
  • Loss of household services;
  • Cost of administration of the deceased’s estate;
  • Pain and suffering the deceased endured;
  • Loss of love and affection; and
  • Loss of parental guidance.
The answer to this question depends on the extent of your injuries and the facts of your case. Calculating damages after a truck accident involves complicated formulas and requires a thorough investigation. If your claim is successful, the following factors may influence the amount of compensation you ultimately recover:

  • The cost of past and future medical bills;
  • The amount of income you have lost during recovery;
  • Whether your injuries have reduced your earning capacity;
  • The severity and permanence of your injuries;
  • Whether your injuries are preventing you from partaking in activities that you previously enjoyed; and
  • Whether the defendant acted with gross negligence or wanton or willful misconduct.

Punitive damages are only available in truck accident claims that involve gross negligence or wanton or willful misconduct. For instance, you may be able to recover punitive damages if the truck driver acted purposely in causing the accident, or engaged in conscious and intentional misconduct he knew would probably result in injury. You may recover punitive damages if the truck driver was drunk at the time of accident or if he was driving over his hours and fatigued. Each case is different so contact an attorney immediately to find out if punitive damages are warranted in your case.

Even if it seems obvious that the defendant caused your accident, your attorney will still have to present strong evidence to prove the value of your damages. The types of evidence your lawyer will use to prove damages will depend on the nature of your injuries and the types of damages you are claiming. This evidence might include:

  • Diagnostic imaging such as X-rays and CT scans;
  • Pharmacy receipts;
  • Invoices for medical care;
  • Other medical records;
  • Testimony from medical and financial experts;
  • Contractor invoices for modifications to your home or vehicle to accommodate your injury;
  • Your journal about how the injury has affected your life;
  • Photos of your injuries; and
  • Mechanic receipts.
You should come to your initial consultation prepared with everything your attorney will need to determine whether you have grounds for a claim and how to approach the subsequent investigation. Here are a few items to bring with you:

  • Any photos, witness statements, and other evidence you gathered at the scene;
  • The police report;
  • Any emails, texts, and other correspondence between you and the insurance company or the defendant’s legal team;
  • A written description of what happened;
  • The names, phone numbers, and addresses of any eyewitnesses;
  • The names and insurance information of all drivers involved in the collision;
  • Diagnostic imaging and other medical documents;
  • Paystubs and your most recent income tax return; and
  • Your auto insurance policy.
Most personal injury claims arising from commercial truck accidents never make it to trial. Obtaining a fair settlement out of court may be the ideal outcome of your case because it would save you the stress and emotional drain of a trial; however, depending on the circumstances, you may have no choice but to go to trial to recover the full compensation you deserve.

Here are a few factors that will determine whether or not your case goes to trial:

  • Whether the trucking company and/or its insurance company is willing to cooperate;
  • The types of damages you are pursuing;
  • Whether you were partially at fault for the crash;
  • The strength of your evidence; and
  • The complexity of your case—for example, the number of defendants involved.
No two attorneys take the exact same approach to representation, so it is important that you find a lawyer who has the experience and resources to help you attain the best possible outcome. Unlike some other personal injury attorneys in Indiana, Ary Avnet has defended trucking companies in large-loss litigation. He understands the strategies that trucking companies and their insurers use to reduce their liability and dispute claims, and he can use that knowledge when investigating your case and preparing for settlement negotiations.

Unlike some larger law firms, Avnet Law offers personalized representation. We will answer your calls on weekends and after office hours. Having an attorney readily available to address your concerns and keep you updated on the progress of your case will greatly reduce the stress on you and your family.

While many attorneys may only accept cases that are likely to result in a settlement, Avnet Law is willing to take your case to trial if the trucking or insurance company refuses to offer a fair payout. We have the experience and knowledge to represent your interests if your case goes to court.

After most collisions involving regular vehicles, one of the drivers involved is found to be at fault and is therefore liable for the damages. But after a semi-truck accident, there are many parties who could be potentially liable for damages, including:

  • The trucking company;
  • The truck driver;
  • The owner of the trailer;
  • The freight broker;
  • Any repair or maintenance shop or company that worked on the truck;
  • The manufacturer of the truck;
  • The truck loader; and/or
  • The shipper

Determining liability after a truck crash often requires an exhaustive investigation. Avnet Law can review the police report, photos of the scene, and dashcam footage to determine the cause of the crash. If necessary, he can also file subpoenas to obtain black box data, surveillance recordings, cell phone records, and other evidence that can be used to prove fault.

The answer to this question depends on why the cargo spilled. But just as above, all the same defendants may be possible. If, for example, the truck driver was speeding through a curve and the momentum caused the cargo to fall, the driver or his or her employer may be liable. If the cargo was negligently loaded, you may have grounds for a claim against the company that loaded the cargo. If the device used to secure the cargo malfunctioned, the company that designed, manufactured, or distributed the device might be liable.

Contact Avnet Law Today to Speak with a Truck Accident Lawyer in Indiana

If you still have questions or would like to discuss your case with an Indiana truck accident attorney, contact Avnet Law. Our legal team is passionate about helping the injured and their families recover the compensation they need to regain their financial footing and move on with life.

Call 1-877-77-AVNET today to set up a free case review with an experienced personal injury lawyer.

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