Truck accidents can have life-altering consequences, leaving victims facing severe injuries, emotional trauma, and overwhelming financial burdens. Vaughn Wamsley understands the complexities of truck accident cases and is committed to helping Westfield, Indiana, victims secure the compensation they deserve.
Truck accidents are not like typical car accidents. They involve larger vehicles stricter regulations, and often result in more significant damage.
Our team specializes in these cases, using our in-depth knowledge of federal and Indiana trucking laws to hold negligent parties accountable. When you choose us, you’re choosing a top-rated truck accident lawyer in Westfield with a proven track record of success.
Common Causes of Truck Accidents in Westfield
Understanding the causes of truck accidents can help determine liability and build a strong case. Some of the most common causes include:
Driver Fatigue: Federal regulations, such as the Hours of Service (HOS) rules established by the Federal Motor Carrier Safety Administration (FMCSA), limit the hours a truck driver can operate without rest. Unfortunately, many drivers exceed these limits, leading to fatigue-related accidents.
Distracted Driving: Texting, eating, or using in-cab technologies can divert a truck driver’s attention from the road, causing devastating crashes.
Improper Maintenance: Federal law mandates regular inspections and maintenance for commercial trucks. When trucking companies fail to comply, faulty brakes, worn tires, or other mechanical failures can result in accidents.
Overloaded or Improperly Loaded Cargo: Overweight trucks or improperly secured cargo can make trucks unstable and more difficult to control, especially at high speeds.
Driving Under the Influence: Alcohol or drug impairment significantly increases the risk of accidents, and truck drivers are held to stricter blood alcohol content limits than other drivers.
Indiana Laws and Regulations Impacting Truck Accident Cases
Truck accident claims are governed by a combination of state and federal laws. Here’s what you need to know:
Indiana Negligence Laws
Indiana operates under a modified comparative fault system (Indiana Code § 34-51-2-6). This means you can recover damages if you are less than 51% at fault for the accident. However, your compensation will be reduced by the percentage of your fault.
Statute of Limitations
In Indiana, truck accident victims have two years from the accident date to file a personal injury lawsuit (Indiana Code § 34-11-2-4). Failing to meet this deadline may result in losing your right to seek compensation.
FMCSA Regulations
Truck drivers and companies must adhere to FMCSA regulations, including limits on driving hours, weight restrictions, and mandatory drug and alcohol testing. Violations of these regulations can establish negligence in your case.
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Time Is Not On Your Side After An Accident. Call Vaughn Wamsley NOW.
What Damages Can Be Recovered in a Truck Accident Case?
As your truck wreck attorney near me, we work diligently to maximize your compensation. Depending on the circumstances, you may be entitled to recover:
Economic Damages: These include medical expenses, lost wages, rehabilitation costs, and property damage.
Non-Economic Damages: Compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages: In cases involving gross negligence, such as drunk driving or blatant safety violations, courts may award punitive damages to punish the wrongdoer and deter similar behavior.
How We Build Your Case
At Vaughn Wamsley Law Firm, we take a comprehensive approach to investigating and building your case. Here’s how we do it:
1. Investigating the Accident
We gather critical evidence, such as:
Police reports
Eyewitness statements
Black box data from the truck
Maintenance and inspection records
Driver logs and employment history
2. Identifying Liable Parties
Truck accident cases often involve multiple liable parties, including:
The truck driver
The trucking company
Cargo loaders
Maintenance providers
Truck manufacturers (in cases of defective parts)
3. Consulting Experts
We work with accident reconstruction specialists, medical professionals, and financial experts to strengthen your case and quantify your losses.
4. Negotiating with Insurance Companies
Insurance companies often try to minimize payouts. As your Westfield truck accident lawyer, we handle all communications and negotiations to ensure you receive a fair settlement.
5. Preparing for Trial
We are fully prepared to take your case to court if a settlement cannot be reached. Our trial experience and dedication to our clients set us apart as a top-rated truck accident lawyer in Westfield.
Truck accidents are a significant concern nationwide and in Indiana. Consider the following statistics:
In 2022, there were 4,842 fatal large truck crashes in the United States, according to the National Highway Traffic Safety Administration (NHTSA). Indiana accounted for over 100 of these fatalities.
Approximately 74% of all fatal passenger vehicle-truck collisions involve large trucks striking smaller vehicles, highlighting the severe impact on other road users.
A study by the FMCSA revealed that driver error accounts for 87% of truck crashes.
These statistics underscore the importance of having an experienced accident attorney in Westfield on your side.
Why You Need Us After a Truck Accident
The aftermath of a truck accident can be overwhelming, but you don’t have to face it alone. Here’s why Vaughn Wamsley Law Firm is the right choice:
Local Experience: As a truck accident lawyer in Westfield, we understand the local courts, laws, and resources available to help build your case.
Personalized Attention: We prioritize every client, ensuring you receive the support and guidance you need.
Proven Results: Our track record of successful settlements and verdicts demonstrates our ability to deliver results.
No Upfront Costs: We operate on a contingency fee basis, meaning you don’t pay unless we win your case.
Steps to Take After a Truck Accident
Taking the right steps after a truck accident can significantly impact your ability to recover compensation. Here’s what we recommend:
Seek Medical Attention: Your health is the top priority. Get medical care immediately, even if you feel fine initially.
Document the Scene: Take photos and videos of the accident scene, vehicle damage, road conditions, and visible injuries.
Collect Information: Obtain contact details from the truck driver, employer, and witnesses.
Report the Accident: File a police report and ensure it accurately reflects the events.
Contact Us: Contact a Westfield truck accident lawyer as soon as possible. The sooner we start working on your case, the better.
Contact Vaughn Wamsley Law Firm Today
If you’ve been injured in a truck accident, you deserve compassionate and experienced legal representation. At Vaughn Wamsley Law Firm, we are committed to fighting for your rights and securing the compensation you need to move forward. Contact us today for a free consultation with a truck accident lawyer in Westfield.
Let us help you navigate this challenging time and achieve your deserved justice. Together, we can hold negligent parties accountable and pave the way for your recovery.
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