Noblesville Truck Accident Lawyer
It’s not uncommon for drivers to feel a deep sense of apprehension when they drive by big semi-trucks. We have a lot of trucking activity here in Noblesville, between I-69, I-80, and other hotspots. Drivers who have the misfortune of getting into an accident involving one of these big rigs can benefit from having counsel with specific experience as a Noblesville truck accident lawyer.
Dollard Evans Whalin has truck accident lawyers who fight hard to get fair financial settlements and are willing to go to court if necessary. Call our Noblesville office today at (317) 854-5877 or contact us online to set up a free consultation.
Truck Accidents Are Different Than Other Personal Injury Cases
While there are common threads that run through any type of personal injury case–the need to prove breach of duty, causation and damages is the cornerstone of any case involving negligence–there is a unique dynamic to truck accident cases. It starts with the question of liability.
If the accident in question were with another car, liability is straightforward–it’s on the driver of the car.
But a truck accident has several possible sources of liability:
- The cause of the accident could be that someone was given control of an 18-wheel rig who was not qualified. This points to liability on the part of the trucking company that hired them.
- A part of the hiring process in truck companies often includes due diligence with their insurance carrier, to make certain that drivers are properly vetted. The insurance company might be the party that failed in its duty of care
- Some drivers work on a freelance basis, owning their own truck and contracting with different companies to get their loads. In these circumstances, the liability target might be the individual driver.
- Brokers operate between the trucking and shipping companies. In the event of an unqualified driver, the fault might lie with the broker.
- If there was equipment failure involved, the company that supplied the equipment could be the target of a truck accident lawsuit. While this is also in other types of accidents (cars, motorcycles, bicycles, etc), the number of parts involved with an 18-wheeler and the consequences of their failure can make this dynamic more common in truck accident cases.
- Did the accident happen because product flew off the back of the truck and into the road? Now we may need to look at the shipping company who packed the load and see if there was negligence involved.
- Was a third vehicle the cause of the accident? Trucks can’t respond as quickly as cars can to negligence on the part of other drivers on the road. Even if the crash someone had was with the truck, the fault could be with the operator of a standard-sized car.
All of these are possibilities. So is any possible combination. The decision on who is liable needs to be accurate, both to ensure the best chances of winning the truck accident lawsuit, and to get the best chance at a fair settlement amount.
A Noblesville truck accident lawyer from Dollard Evans Whalin will work with you to identify the right target of a lawsuit and then prove their liability for your injuries. Call the office today at (317) 854-5877 or contact us online to set up a free consultation.
Proving Liability in a Truck Accident Lawsuit
The process of discovery is important in any legal proceeding and truck accident discovery is unique unto itself. Discovery is where the plaintiff’s lawyer can request documentation and other records from whomever the ultimate target of the lawsuit is (and the defendant may also request records of the plaintiff).
Big rigs are typically involved in interstate commerce, which means that federal law will govern the case. The specific law in question is the Federal Motor Carrier Safety Act.
This Act includes extensive regulations that the trucking industry must follow. An experienced truck accident lawyer can match the records obtained in discovery to the requirements of federal law and find discrepancies. A common one is drivers staying on the road longer than the limit prescribed by regulations. Any violations of regulation can be used to demonstrate the defendant breached their duty of care, and is therefore liable.
Plaintiffs have their best chance of winning a case like this and securing a fair settlement amount when they have a Noblesville truck accident lawyer that has a deep attention to detail on what’s required in the regulations and meticulously identifies the appropriate target of the lawsuit.
Dollard Evans Whalin fights hard for all of our clients and we’ll do the same for you. Call the office today at (317) 854-5877 or contact us online to set up a free consultation.
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