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Westfield Truck Accident Lawyers

Westfield, Indiana, is a fast growing community with much to offer. But with so many cars and trucks on the road, accidents can happen, and truck accidents can be especially scary. They often involve much larger vehicles and can cause serious injuries. This guide will explain everything you need to know about truck accidents in Westfield, from the different types to what to do if you're ever involved in one.

What is a Truck Accident?

A truck accident involves any collision between a large commercial truck (like a semi-truck or 18-wheeler) and another vehicle, a motorcycle, a bicycle, or even a pedestrian. These accidents can be devastating because of the size and weight difference between trucks and other vehicles.

Where Do Truck Accidents Happen in Westfield, IN?

According to the Federal Motor Carrier Safety Administration (FMCSA), some of the most common locations for truck accidents in Indiana include:

  • Interstate Highways: I-65 and I-465 are major thoroughfares that see a high volume of truck traffic, increasing the risk of accidents.
  • Busy Intersections: Places like US 31 and State Road 32 crossings can be tricky, especially with limited visibility or heavy traffic.
  • Construction Zones: These areas often have reduced speed limits and lane changes, which can be confusing for truck drivers.

Are There Different Types of Truck Accidents in Westfield?

Yep, there are! Here are a few common ones to be aware of:

  • Rear-End Collisions: Just like with car accidents, these happen when a car rear-ends a truck, often due to following too closely.
  • Underride Crashes: This is when a smaller vehicle gets lodged underneath the back of a truck, causing serious crushing injuries.
  • Jackknife Accidents: These happen when a truck's trailer swings out of control due to sudden braking or turning, forming a "jackknife" shape.
  • Rollover Accidents: These are especially dangerous and can occur due to sharp turns, uneven roads, or shifting cargo.

What Are Typical Causes of Truck Accidents in Westfield?

Several factors can contribute to truck accidents in Westfield:

  • Truck Driver Errors: Just like car drivers, truck drivers can make mistakes due to fatigue, distraction (texting, eating), or driving under the influence of drugs or alcohol.
  • Improper Truck Maintenance: Faulty brakes, tire blowouts, or overloaded cargo can significantly increase the risk of an accident.
  • Blind Spots: Blind Spots: Large trucks have huge blind spots, especially on the sides and back. Be extra cautious when driving near trucks.
  • Bad Weather: Rain, snow, fog, and icy roads can make driving conditions hazardous, especially for large trucks.

What Are the Risk Factors for Truck Accidents in Westfield?

Some things can make truck accidents more likely, such as:

  • Traffic Congestion: Heavy traffic flow can increase the risk of rear-end collisions or side-swipe accidents involving trucks.
  • Nighttime Driving: Limited visibility at night can make it harder to see potential hazards, including large trucks.

What Are the Typical Injuries That Result from a Truck Accident in Westfield?

Truck accident injuries tend to be more severe than car accident injuries due to the size and weight of the vehicles involved. Here are some common examples:

  • Spinal Cord Injuries: These can lead to paralysis and permanent disability.
  • Traumatic Brain Injuries (TBIs): TBIs can cause memory problems, difficulty concentrating, and even coma.
  • Broken Bones: The force of a truck accident can cause severe fractures.
  • Internal Injuries: These are often hidden and can take time to appear, so seeking medical attention after a truck accident is crucial.
  • Wrongful Death: Unfortunately, due to the size and weight of commercial trucks deaths do occur.
  • What Kind of Compensation Can Westfield Truck Accident Victims Receive?

    If you're injured in a truck accident that wasn't your fault, you might be entitled to compensation for things like:

    • Medical Bills: This covers the cost of your doctor visits, hospital stays, medications, and physical therapy.
    • Lost Wages: If you can't work because of your injuries, you might be able to recover the wages you lost.
    • Pain and Suffering: This covers the physical and emotional pain you experience from your injuries.
    • Property Damage: This covers the cost of repairing or replacing your damaged vehicle.
    • Wrongful Death: If you lose a loved one in a truck accident caused by someone else's negligence, you may be able to file a wrongful death lawsuit.

    How Long Do I Have to File a Truck Accident Lawsuit in Indiana?

    In Indiana, the statute of limitations for filing a personal injury lawsuit following a truck accident is generally two (2) years from the date of the accident. This means you have two years to file your lawsuit in court. It's important to note that this is a deadline, and if you wait too long, you may lose your right to sue.

    How Can a Westfield Truck Accident Attorney Help Me with My Case?

    If you've been injured in a truck accident in Westfield, a truck accident attorney from Emerson Divorce and Accident Injury Attorneys can help you navigate the legal process. Here's how:

    • Investigating Your Case: Our attorneys will gather evidence, such as police reports, truck driver logs, witness statements, and data from the truck's black box (if available), to build a strong case on your behalf. Truck accident cases can be complex, and experienced legal representation is crucial.
    • Dealing with the Trucking Companies and Their Insurers: Trucking companies and their insurance companies have a lot of resources and experienced lawyers. Our attorneys will fight to get you the compensation you deserve from all liable parties.
    • Negotiating a Settlement: In most cases, truck accident claims are settled out of court. Our attorneys will negotiate aggressively with the insurance companies to get you the maximum possible settlement.
    • Going to Trial: If a fair settlement can't be reached, our attorneys will be prepared to represent you in court.
    • Truck Accident FAQs in Westfield, Indiana

      Here are some frequently asked questions regarding truck accidents in Westfield:

      Do I need to file a police report after a truck accident?

      Yes, you should always file a police report after a truck accident, even if the damage seems minor. The police report will document the details of the accident, which can be helpful later if you need to file a claim with your insurance company.

      What should I do if the truck driver leaves the scene of the accident?

      If the truck driver leaves the scene, try to get as much information as possible, such as the truck's license plate number, description of the truck, and any witnesses. Call the police immediately.

      What should I say to the truck driver's insurance company?

      First, you should not talk to the insurance company with an attorney. However, if you decide to talk to them, be polite but stick to the facts. Don't admit fault for the accident or discuss your injuries in detail.

      Should I accept the first settlement offer from the insurance company?

      It's important to consult with an attorney before accepting any settlement offer. The insurance company's first offer might be much lower than what you're entitled to.

      What happens if I was partially at fault for the accident?

      Indiana follows a comparative negligence law. This means that the amount of compensation you receive will be reduced by your percentage of fault for the accident.

      How much does it cost to hire a truck accident attorney?

      At Emerson Divorce and Accident Injury Attorneys, we offer a free consultation to discuss your case. In most cases, we work on a contingency fee basis, which means we only get paid if we win your case.

      How long will it take to resolve my truck accident claim?

      The amount of time it takes to resolve your truck accident claim can vary depending on the complexity of the case. However, most cases are resolved within a few months to a year.

      Remember: If you've been injured in a truck accident in Westfield, Indiana, don't try to handle the situation alone. Contact Emerson Divorce and Accident Injury Attorneys today for a free consultation. Our experienced truck accident attorneys will fight to get you the compensation you deserve.

      To schedule your free case review, contact the Westfield law office of Emerson Divorce and Accident Injury Attorneys, L.L.C. by calling (317) 969-8000. If you are looking for a Westfield truck accident lawyer, give us a call.

We’re Here to Help You!

We are available by phone 24/7 to discuss your case, and we make it a priority to answer all of your questions as soon as possible.

(317) 969-8000

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