Gary, IN- Being in an accident with a large commercial truck can shatter your life. Of course, plenty of truck accidents are minor, and victims are fortunate enough to walk away. But there are thousands of truck wrecks that end in death and leave victims suffering devastating injuries. In this article, our team of accident lawyers in Gary, Indiana will discuss the basics of filing a truck wreck claim.
What are my rights following a truck wrecks?
A negligent truck driver can hurt a motorist badly and leave a path of destruction which is why victims are entitled to recover damages for their medical expenses, property repair, lost wages, and emotional distress.
If a loved one is killed in a commercial truck accident, their surviving family members may be able to recover benefits for the deceased’s medical costs, funeral, and burial expenses along with compensation for a survivor’s loss of companionship and loss of financial support. Victims of fatal truck wrecks may also seek punitive damages depending on the actions of a truck driver and trucking company.Truck accident victims in Gary have two years from the date of their crash to file an accident claim.
What is the statute of limitations?
All states have a statute of limitations which limits the amount of time you must file your personal injury or wrongful death claim. In Indiana, you have two years from the date of your crash or a loved one’s death to file your personal injury or wrongful death claim. If you fail to file your claim before the statute of limitations expires, it can be denied.
Can I recover compensation if I was partly to blame?
Often with car and truck accidents, each party’s actions contribute to crash. When that is the case, the state of Indiana uses a comparative fault standard. Using the comparative fault standard, each party involved in a crash is assigned a portion of liability depending on their actions during the crash. For instance, let’s say you were rear-ended by a commercial truck and suffered a severe neck injury that was made worse because you weren’t wearing a seatbelt. A truck driver or trucking company can argue that you were partly to blame for your injuries because you weren’t wearing a safety belt, so you are assigned 10 percent of the fault for a crash. The percentage of your liability is deducted from your final settlement.
Contact a lawyer
There are many facets to a truck accident claim and recovering compensation can be difficult. If you need to file a personal injury or wrongful death claim following your crash, you should speak with a truck accident attorney in Gary, Indiana. USAttorneys can connect you with a top-notch law firm near you to help you with all aspects of your injury claim.