Our young client was extracted from her vehicle and taken for immediate surgery. The semi-truck driver testified that the accident was to due to our client’s distraction. We proved this testimony false by reconstructing a 16-camera video surveillance from the scene of the accident.
Our Indiana Dump Truck Accident Lawyer is Here to Help
Getting compensation after a dump truck accident is complicated; let us fight for the benefits you deserve.
Dump trucks on the road present unique challenges to other motorists due to their size, weight, and the increased danger from the material they carry. It’s no wonder that accidents with a dump truck often cause catastrophic injuries, including head, back, neck, brain, and spinal cord damage; paralysis; amputations; broken bones; and even death. Victims of accidents with a dump truck may face long, painful recoveries and need expensive rehabilitation and continuing care, and their injuries may prevent them from working and engaging in normal life activities.
If you or a loved one has been injured or someone has died in a dump truck accident that was another party’s fault, you need the help of an attorney who is well-experienced with trucking accident cases to fight for the compensation you deserve. Federal and Indiana laws regarding the trucking industry are complicated; multiple parties may be liable for the accident, and insurance companies will try to pay out as little as possible.
The Indiana truck accident attorneys at Stephenson Rife, L.L.P., know how to deal with the complex laws and multiple parties and insurers involved with a dump truck accident. We understand survivors’ difficulties in traumatic accidents, and we are fully prepared to take the burden off you by handling all legal hurdles involved with proving liability and winning your case.
We provide a free consultation to discuss the details of your accident and determine the best way to move forward. You pay nothing unless we win, so call us today at (317) 680-2350 for your free, no-obligation case evaluation.
How Our Dump Truck Accident Lawyers in Indianapolis Work for You
We Cover All Aspects Necessary to Win Your Case
Due to their complexity, dump truck accidents pose unique challenges and require an experienced truck accident lawyer. To succeed in personal injury or wrongful death cases related to dump truck accidents, our Indiana dump truck accident attorneys must demonstrate that another party’s negligence, carelessness, or fault caused the accident.
These cases are complicated. They involve understanding Federal Motor Carrier Safety Administration (FMCSA) regulations. Multiple parties often share the blame, including dump truck companies, drivers (whether employees or contractors), and potentially government agencies with sovereign immunity. Additional responsible parties could include dump truck manufacturers for equipment failures or road maintenance companies for inadequate cleanup. It is crucial that all liable parties be named as defendants, because they may all have insurance coverage and assets that could help compensate you for your injuries.
Our dump truck accident attorneys in Indiana can help by:
- Meeting with you, listening to your version of what happened, and estimating what your case is worth and what kind of settlement we should be fighting for.
- Thoroughly investigating your case by examining the crash scene, truck maintenance and employer training records, and driver cell phone records. Many dump trucks have overloading and brake safety systems and truck black box data that can reveal what really happened in a crash.
- Gathering evidence by interviewing eyewitnesses and first responders; viewing photos and videos from traffic cameras; taking pictures of skid and tire marks; examining police, ambulance, doctor, and hospital records, and the truck’s black box information; and checking past driver citations for violations.
- Locating all insurance companies and negotiating with them for a fair settlement. Insurance companies are more likely to take your case seriously if they know you have an attorney on your side willing to take your case to court.
- Hiring experts to testify on your behalf as to who was at fault. Experts may include engineers who can reconstruct the accident and truck mechanics to inspect the dump truck and determine whether maintenance issues or defective parts caused the crash. Additional experts may be used to testify as to the extent of your injuries, any necessary modifications to your home, the type of life care you may need in the future, and the physical and emotional effects on you and your family.
- Building your case and taking it to trial if an agreement with insurance cannot be reached.
In addition, Indiana has a statute of limitations and a deadline for filing a case. According to Indiana Code IC 34-11-2-4(3), you must file a claim for personal injury or wrongful death within two years from the date of the accident or the courts will not hear your case.
Damages Our Commercial Truck Accident Lawyer in Indiana May Win for You
The average settlement in a truck accident includes an award for your compensatory damages. Whether your injuries were caused by negligence from a delivery truck accident, dump truck accident, or any other big rig vehicle accident, Indiana allows victims to recover an award for compensatory damages.
Compensatory damages are to cover losses and costs for both your economic damages for specific monetary losses and your non-economic damages for losses that may not have a specific dollar value but negatively impact your life. You may demand compensation for . . .
- Medical, rehabilitative, and equipment costs
- Loss of wages and future earning capacity
- Property damage
- Pain and suffering
- Mental anguish and emotional distress
- Permanent disability
- Disfigurement and permanent scarring
- Loss of enjoyment of life.
Punitive damages may also be awarded in certain circumstances, to punish negligent parties for willful negligence or especially egregious behavior and to act as a deterrent for similar misconduct in the future.
Amounts of Damage Awards We May Recover for You After a Dump Truck Accident
The amounts of damages you may be awarded vary greatly, depending on the circumstances of the case. Factors that may affect a settlement amount include:
- Costs of your losses
- Extent and permanence of your injuries and whether you will need continuing care
- Lost earnings and whether you will be able to work in the future
- Your age, earning potential, and family situation
- Whether death was involved
- How much insurance coverage is available
- The availability of evidence and witnesses
- The individual jurisdiction, judge, and jury if there is a trial
- The skill and negotiating power of your attorney.
Settlements vary greatly according to the circumstances and factors of the case. Truck accidents often result in severe injuries, and more severe injuries bring higher settlement amounts. In general, if your injuries involve permanent damage and require long-term care, or if a death is involved, it may result in a higher settlement. If multiple parties are at fault and all have insurance and/or assets, the settlement may be higher.
Our dump truck accident lawyers know from experience how much compensation you should receive based on the circumstances of the accident and the other factors involved.
Indiana Dump Truck Accident Attorneys Answer Your Questions
After an accident with a dump truck, it’s natural to have questions and concerns. The following are some answers to questions our attorneys are frequently asked:
What should I say to insurance companies?
Insurance adjusters are not your friends, so limiting your communication with them is wise. Direct insurance companies to communicate with your attorney for inquiries and negotiations. Dump truck firms must carry substantial insurance, yet insurance companies prioritize their profits and aim to minimize payouts. They might approach you to obtain a recorded confession of fault or propose a low settlement offer for a swift resolution. Admitting fault complicates proving negligence by others, and accepting their offer may hinder your chances of receiving the full settlement or additional compensation for worsening injuries.
What are the causes of dump truck accidents?
Loaded dump trucks can weigh over 30,000 pounds, requiring longer stopping distances than cars due to their weight. They have a higher center of gravity, making them susceptible to tipping when the bed is raised. A substantial blind spot hampers visibility, especially of smaller vehicles and pedestrians. These factors, coupled with speeding, distraction, and lack of training, can result in accidents. Employers must adequately train drivers, conduct routine safety checks, and ensure proper maintenance to prevent equipment failures.
Our attorneys will consider these factors and look for these common causes of truck accidents:
- Drivers who are fatigued, impaired, distracted, inexperienced, poorly trained, or those who speed and violate the rules of the road
- Overloaded or improperly loaded trucks or unbalanced trucks
- Poorly maintained trucks
- Defective truck equipment or parts that fail.
What If A Family Member Has Died In A Dump Truck Accident?
Our lawyers can potentially initiate a wrongful death lawsuit when a fatal truck accident occurs. This resembles a personal injury case, with the deceased person’s representative seeking compensation in place of the deceased. The Indiana Adult Wrongful Death Act (AWDA) Indiana Code 34-23-1-2 permits the personal representative to sue a negligent party for wrongful actions resulting in death.
Why do I need to have an attorney after an accident with a dump truck?
Dump truck accidents often involve powerful teams of lawyers, investigators, and adjusters from commercial trucking companies and their insurers, all working to minimize settlements. Facing this alone is challenging, highlighting the need for an attorney experienced in the complexities of truck accident cases. At Stephenson Rife, our attorneys collaborate with experts to reconstruct accidents and identify faults. We’re well-versed in the legal system and insurance practices and committed to securing the best possible settlement. We will vigorously negotiate with insurers and are prepared to litigate if required.
Call Our Dump Truck Accident Lawyers in Indiana to Get Justice for Your Claim
Dump truck accidents and semi-truck and big rig truck accidents require extensive investigation and experience, so you should reach out to our commercial trucking accident lawyers as soon as possible after your accident with a dump truck.
At Stephenson Rife, we have the experience to pursue positive results, no matter what legal challenge your case involves. We provide caring, confident, and cost-effective service you can count on, which is why we are the law firm that other law firms consult.
Don’t delay. Find out what we can do for you by calling us today at (317) 680-2350 for your free consultation. We work on a contingency basis, so there are no fees to you unless and until we win your case.
Attorney Mike Stephenson
Attorney Mike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including motor vehicle, trucking, workplace injuries, product liability, just to name a few. Mike is a proven advocate and trial attorney. He has served as lead trial counsel in more than 100 civil jury trials, and has handled litigation in 18 states. [ Attorney Bio ]
Table Of Contents
- Our Indiana Dump Truck Accident Lawyer is Here to Help
- How Our Dump Truck Accident Lawyers in Indianapolis Work for You
- Damages Our Commercial Truck Accident Lawyer in Indiana May Win for You
- Amounts of Damage Awards We May Recover for You After a Dump Truck Accident
- Indiana Dump Truck Accident Attorneys Answer Your Questions
- Call Our Dump Truck Accident Lawyers in Indiana to Get Justice for Your Claim