Truck accidents are often very serious or fatal, even for the driver who is at fault and causes a collision with other vehicles or structures. It is important to keep in mind that deciding fault after many accidents can be a complex inquiry that varies significantly based on the local laws and the specific facts surrounding each accident. Just because a driver ends up in the back of the vehicle in front of them, it does not necessarily mean that the legal inquiry ends.
A driver in Indiana died after his dump truck rear ended another large vehicle.
Greenwood man dies when his work truck crashes
Police believe that the deceased man was driving his landscaping dump truck southbound on I-65 near a split on the south of the road. At around 3:45 pm on a Tuesday afternoon, his truck collided with the back of a semi-truck trailer near the Ohio Street exit. He was killed on impact, while his passenger was transported to a local hospital in serious condition. The semi-truck driver was uninjured.
The man who died was a resident of Greenwood and worked in the area.
What can the man’s family do if he was at fault?
In most accidents where someone drives into the back of another vehicle, many people presume that this person is automatically at fault and there is little they can do regarding insurance or lawsuits to try to collect any amount of money. However, this is not necessarily true and Indiana has specific laws that apply to all car accidents.
Indiana’s laws work on a contributory negligence standard that has been modified to a certain degree. Contributory negligence means that a person who is partially at fault cannot collect at all. However, under Indiana’s laws, a plaintiff can still collect when they are at fault in an accident as long as their level of fault is less than the defendant they are trying to sue. Their level of fault will also function as a reduction in their damage award after a verdict. In other words, this means someone can still collect when they are at fault, as long as they are not more at fault than the person they are suing, and their damages will also be reduced according to their level of fault. The relative levels of fault are usually a determination made by a jury at the conclusion of a trial.
In an accident involving death such as this one, there are also time limits and restrictions on which family members can file a wrongful death action. An experienced personal injury lawyer can explain the specifics of the state’s wrongful death statute to you and provide easy to follow information about who needs to begin the process for the lawsuit and how much time they have. This is a very time sensitive matter, as most states require a wrongful death lawsuit to begin within a year or two of when the person dies.
Get help from a truck accident lawyer in the Greenwood area
If you have been hurt or had a family member killed in a truck accident, it is best to speak to an experienced lawyer and provide them with specific details about your situation. The lawyers at Henn, Haworth, Cummings, and Page are experts in dealing with all kinds of accidents and helping victims receive appropriate levels of compensation.