La Porte County Truck Accident Lawyer
Massive tractor-trailer rigs and other commercial trucks crowd the highways across LaPorte County, Indiana, and when a truck collides with a passenger car or light truck, significant property damage and serious personal injuries can result.
Serious injuries require serious and expensive medical care, possibly long-term care. People hurt in a truck accident must protect their financial stability by accessing Indiana’s legal system. The first step is to seek competent legal counsel, like a La Porte County truck accident lawyer, who is experienced in this area of law.
Truck Accident Causes
The FMCSA regulates these huge rigs that can weigh up to 80,000 pounds, be 53 feet in length, and have 18 large wheels. They do not stop or turn very well and the driver’s visibility is limited by several blind spots.
Size of the Vehicle
In city traffic, the wide turning radii can pinch a car, pickup, or SUV between the curb in right-hand turns. On the highway, a rear end collision ahead of the rig can cause it to slam into those vehicles because there is not enough space to stop in time. Those crashes can be devastating to smaller vehicles.
Sometimes a tight turn can cause the rig’s heavy load to shift, if not properly secured. The turn could cause the rig to tip onto its side hitting surrounding vehicles. Strong winds can turn one of these trucks over, too. The rig can also change lanes abruptly and hit other vehicles.
Improper Maintenance
Improper maintenance is another accident factor, such as bald tires and faulty brakes. An error in driving the truck, or the driver’s distraction, or impairment and deficient training may also cause of an accident.
Negligence Law Regarding Truck Accidents
One definition of negligence is the failure to perform in a watchful and cautious manner toward another person.
Indiana has adopted the modified comparative negligence standard used in law to adjudicate personal injury cases.
Under this law, the damages incurred by a person reduce by the percentage of fault; however, if the plaintiff is 50% or more at fault, then they cannot recover any damages.
Five Elements of Modified Comparative Negligence
Modified comparative negligence has five elements and each must be proven by a preponderance of the evidence. The first element that the prosecution must prove is the duty of care. Duty of care means that a person has a legal responsibility to use reasonable care in doing anything that could foreseeably cause harm or property damage to others
The second element the prosecution must prove is breach. This is an act or an omission that violates the duty of care. The third element is cause in fact, which assumes that if not for the breach, the accident wouldn’t have happened.
The last two elements are proximate cause and damages. Proximate cause is when a particular and foreseeable result occurred and the damages are when the financial loss results from the foreseeable result.
Taking Legal Action
La Porte County truck accident lawyers can construct the case using legal means such as discovery to develop physical and testimonial evidence to prove the case and will collect all receipts and documentation to prove damages.
Many personal injury cases never get to trial because they settle between the parties. The insurance companies and trucking companies investigate accidents carefully, contest every issue of liability and dispute all elements of the claimed injuries.
During negotiations with the insurance companies and trucking companies, a La Porte County truck accident lawyer could persuasively present the claim and each element of damages and fight for all the money that a truck accident victim deserves.
Consulting a La Porte County Truck Accident Lawyer
A La Porte truck accident lawyer could provide a free consultation to assess the strength of cases. The attorney will explain the applicable law and detail the legal process from beginning to end. Involved in a truck accident in La Porte? Contact a qualified truck accident lawyer, and know that you are in capable hands.