What Compensation Can I Seek After a Truck Accident in Indiana?

Being involved in a collision with a semi-truck, big rig or 18-wheeler is a traumatic experience that often leaves victims with catastrophic injuries and a lengthy recovery. Some of these individuals may never return to their pre-crash state of health or their former careers, creating significant and unexpected financial pressures. This is why it is critical to know when you have a right to compensation after a truck accident in South Bend, the types of compensation you may be eligible for, and who may be liable.

If a truck driver causes injuries and damage, contact our trusted law firm to learn more about your legal options. You don’t have to try to navigate the legal process of a truck accident claim alone, and frankly, we don’t recommend it. Truck accident cases are much more complex than crashes involving smaller vehicles and having experienced legal representation can make a significant difference to the compensation you recover.

At Pfeifer, Morgan, and Stesiak, we manage every aspect of your truck accident claim, while keeping you fully informed. We want you to be able to focus on your recovery. If we represent you, our knowledgeable truck accident attorneys in South Bend will jump into action to investigate your case, preserve key evidence and assess the value of your claim.

Not sure if you have a case? You can find out at zero cost or risk to you. Call anytime, night or day, to request a FREE case review. You can also complete our easy and quick online case evaluation form.

Call our firm today to schedule a free consultation: (574) 444-0741.

How Much Money Can I Recover From a Truck Accident in Indiana?

Truck accident settlements in Indiana vary from case to case, depending on many factors – including how badly you were injured and how long it will take for you to recover. Minor injuries typically result in a much lower settlement when compared to victims with life-altering medical injuries.

These several key factors are used to determine the value of your compensation:

• Clear Liability Against Truck Drivers: Evidence of federal regulation violations, driver fatigue, improper maintenance, or company negligence can significantly increase settlement amounts.
• Lost Earning Capacity: Someone who is at the beginning stages of their career has decades of lost income compared to someone nearing retirement, potentially resulting in higher compensation.
• Multiple Liable Parties: When trucking companies, maintenance providers, cargo loaders, or manufacturers share responsibility, additional insurance policies become available.
• Indiana’s Comparative Negligence Law: If you are found 20 percent responsible for the accident, your award gets reduced by that percentage. Victims who are more than 50 percent at fault may not receive compensation.

Punitive Damages in Indiana Truck Accident Cases

Punitive damages are extra money awarded to punish truck drivers or trucking companies for reckless or intentional misconduct. Unlike regular compensation that covers your medical bills and lost wages, punitive damages are designed to punish the wrongdoer and prevent similar behavior from occurring in the future.

Indiana courts award punitive damages in truck accident cases when defendants acted with malice, fraud, gross negligence, or oppressive conduct. This might include truck drivers operating under the influence, trucking companies knowingly using unsafe vehicles, or deliberately falsifying safety records to avoid regulations.

Indiana law caps punitive damages at $50,000 or three times the amount of compensatory damages, whichever is greater. For example, if compensatory damages are $200,000, punitive damages could be up to $600,000.

However, you should know that 75 percent of any punitive damages awarded must be paid to the Indiana Violent Crime Victim Compensation Fund, with only 25 percent going to the plaintiff.

Who May Be Liable for Damages in a Truck Accident in Indiana?

Multiple parties can be held responsible for your truck accident injuries in Indiana. Your attorney will need to determine all liable parties to ensure you get the full compensation you need for recovery and other expenses.

Truck Drivers

The truck driver bears primary responsibility when their negligent actions cause accidents. This includes speeding, distracted driving, driving under the influence, violating traffic laws, or failing to maintain proper control of their vehicle.

Cargo Loading Companies

Cargo loading companies can cause accidents through improper loading practices. Overloaded trucks, improperly secured cargo, or unbalanced loads can lead to rollovers, jackknifes, or cargo spills that cause serious accidents.

Maintenance and Repair Companies

Faulty brake repairs, inadequate inspections, or improper maintenance can directly contribute to truck accidents, creating liability for service providers.

Parts Manufacturers

Brake failures, tire blowouts, steering problems, or other mechanical defects can establish product liability claims against manufacturers and distributors.

Government Entities

Government entities can be liable for dangerous road conditions. Poor road design, inadequate signage, construction zone hazards, or failure to maintain safe roadways can contribute to truck accidents.

Third-party Drivers

Third-party drivers who cause trucks to crash may share liability. When passenger cars cut off trucks or create dangerous situations that lead to accidents, multiple drivers can be held responsible for resulting injuries.

How Truck Accident Claims and Insurance Limits Differ From Car Crash Claims

Truck accident claims are more likely to involve significantly higher insurance coverage and more complex liability than typical car crashes. These differences create both opportunities for greater compensation and challenges in navigating multiple insurance policies and responsible parties.

Truck Insurance Requirements Exceed Standard Auto Coverage

While Indiana drivers need only $25,000 in liability coverage, commercial trucks must carry between $750,000 $5 million, depending on cargo type. Hazardous materials transportation requires the highest coverage limits, possibly providing substantially more compensation for serious injuries.

Multiple Insurance Policies May Apply in Truck Accident Cases

You may have claims against the truck driver’s personal policy, the trucking company’s commercial coverage, cargo insurance, and excess umbrella policies. This layered coverage creates more opportunities for full compensation but requires experienced legal navigation.

Unlike car crashes, where you usually deal with one driver and one insurance company, truck cases may involve:

• The truck driver’s personal liability coverage
• The trucking company’s commercial policy
• The truck owner’s insurance (if different from the operator)
• Cargo loading company coverage
• Maintenance provider liability insurance
• Parts manufacturer’s product liability coverage

Challenges With Self-Insured Trucking Companies

Large corporations may opt to self-insure rather than purchase traditional policies, meaning they pay claims directly from their corporate assets. This can provide access to greater compensation but requires different legal strategies.

Longer Claims Process

The claims process may be prolonged due to the involvement of multiple insurers and complex investigations. Insurance companies may dispute which policy provides primary coverage, necessitating coordination between multiple adjusters and potentially leading to coverage litigation between insurers.

More Aggressive Defense Tactics

Higher stakes may mean more aggressive defense tactics. With millions in potential liability, trucking companies and their insurers invest heavily in accident reconstruction experts, medical evaluations, and legal defense to minimize payouts.

Your Duty to Mitigate Damages and How

Indiana law requires truck accident victims to take reasonable steps to minimize their damage and prevent their injuries from deteriorating. This duty to mitigate does not mean you are responsible for your accident, but you must act reasonably to reduce the harm caused by your injuries.

• Follow Medical Treatment: Skipping appointments, refusing recommended surgery, or ignoring prescribed medications can result in reduced compensation. Insurance companies may argue that your injuries are not serious.
• Seek Medical Care: Delaying medical treatment or refusing to see specialists when recommended can be used against you. Document all medical appointments and keep records of any treatment you receive.
• Return to Work When Medically Cleared: If your doctor says you can return to light duty or modified work, you should make efforts to do so. Refusing employment when you can work may reduce your lost wage claims.
• Avoid Making Injuries Worse: This means following activity restrictions, using assistive devices as prescribed, and not engaging in physical activities that your doctor has advised against.
• Document You Following Medical Advice: Document your compliance with treatment plans, attendance at appointments, and any limitations you are experiencing.

Key Evidence That Supports Your Claims

Substantial evidence is essential for proving your truck accident case and maximizing your compensation in Indiana. The more documentation you have, the stronger your potential case may be when negotiating with insurance companies or presenting your case in court.

• Police Report: These reports document the scene, witness statements, traffic violations, and the officer’s initial assessment of fault.
• Medical Records: Emergency room reports, diagnostic tests, treatment notes, and physician statements about your prognosis all establish the severity and extent of your injuries.
• Electronic Data: Black box recorders capture speed, braking, and other vehicle data in the moments leading up to impact. Driver logs and GPS tracking show compliance with federal hours-of-service regulations.
• Witness Statements: Collect contact information from bystanders, other drivers, and passengers who saw the crash. Written or recorded statements help establish faults and counter any disputes about accident circumstances.
• Employment Records: Pay stubs, tax returns, and employer statements document your income before the accident.
• Financial Documentation: Keep receipts for medical bills, prescription medications, transportation to appointments, and any equipment needed for recovery.

Your attorney will help preserve time-sensitive evidence and work with experts to strengthen your case through accident reconstruction, medical testimony, and economic analysis.

How Our Lawyers Work to Maximize Your Compensation

Our experienced truck accident attorneys use proven strategies to secure the highest possible compensation for your injuries and losses. We immediately preserve critical evidence before it disappears, sending spoliation letters within 48 hours to prevent trucking companies from destroying black box data, driver logs, and surveillance footage.

We work with specialized experts to build the strongest case possible, including accident reconstruction specialists and trucking industry experts. Medical professionals help prove fault and calculate lifetime damages so that you receive full compensation for your injuries.

Our firm handles all communications with insurance companies to protect you from tactics designed to minimize your compensation. We thoroughly document all your damages, both current and future.

We negotiate aggressively, but we prepare every case for trial because insurance companies often offer higher settlements when they know we are ready to present your case to a jury. At Pfeifer, Morgan, and Stesiak, we take the time necessary to fully develop your claim and achieve maximum compensation for your truck accident injuries.

Call Pfeifer, Morgan & Stesiak After You Have Been Involved in a Truck Accident

After a trucking accident, you may need compensation for lost wages and ongoing medical expenses. Do not let insurance companies minimize your injuries or rush you into an inadequate settlement. You deserve to receive full compensation for your recovery.

At Pfeifer, Morgan and Stesiak, our South Bend personal injury law firm is here to listen to your concerns and answer your questions. We have a proven history of securing favorable outcomes for our clients, and we are prepared to seek the full and fair compensation you deserve.

Worried about cost? There are no upfront fees or out-of-pocket costs to pay when we represent you. We take injury cases on contingency, so we only get paid if you do.

Need Legal Help? Call Our Trusted Law Firm Today.(574) 444-0741