Tuley Law/Spencer County
A car and truck accident lawyer knows that a crash can transform virtually every aspect of your life in the matter of an instant. In addition to worrying about your health and injuries, you may also have concerns about how you’re going to afford medical bills, especially if your ability to work is compromised.
While a car crash certainly has the potential to cause life-altering injuries or fatalities, this risk is even greater with truck accidents due to the added weight and size differential involved. In fact, Spencer County truck accidents sometimes involve large commercial vehicles used to transport equipment and coal to and from the local coal mines. These massive, heavy vehicles hold the potential to cause devastating injuries and fatalities.
If you or a loved one have been involved in a car crash or a truck accident in Spencer County, Indiana, turn to the experienced legal team at The Tuley Law Office. Established by Attorney Daniel Tuley, a personal injury attorney with more than 30 years in practice, our firm has recovered compensation for dozens of local car and truck accident victims. This includes individuals who have been seriously injured in a coal mining truck accident or a crash with another commercial vehicle.
The law does limit the time frame for filing a legal claim, so we encourage you to contact us as soon as possible to discuss your case during a free consultation. Contact the attorneys of Tuley Law Office by phone at (812) 434-1936.
Personal injury lawyers can play an instrumental role following your accident, offering more than just legal representation. Our Spencer County law firm can offer guidance and recommendations as you deal with insurance companies and work through other issues stemming from your accident.
We’re also here to answer your questions as your truck or car crash lawsuit progresses through the system. Here is a look at a few of the most common inquiries that we encounter.
Truck accident lawsuits can be more complex than a car crash claim due to a few different factors. One common complexity surrounds the potential for more serious, life-altering injuries or death, especially if the crash involves a car versus a large truck or a motorcycle versus a large truck. In cases involving wrongful death or permanent scarring and disability, your attorney will need to consider long-term health care costs, disability-related care costs and lost wages that would have been earned by the victim. It’s important that you have a dedicated attorney who can predict these expenses accurately because once the case is settled and finalized, you cannot go back to file a second claim.
Another complexity may surround the involvement of a commercial truck. Commercial drivers must adhere to some very strict standards, such as requirements for pre-trip vehicle checks and limitations in terms of how long they can drive without resting. Therefore, this is an avenue of investigation that wouldn’t typically be involved with a car crash lawsuit. Commercial truck accidents can also involve an investigation into how the vehicle was loaded. There are strict weight limits that, if disregarded, can certainly contribute to an accident.
If a worker is injured in a truck accident, it’s possible that OSHA and workers’ compensation related issues may come into play, creating yet another element of complexity to your legal claim.
Indiana is a “fault state” when it comes to car and truck accidents. This means that an injured driver or passenger must go to the at-fault driver’s insurance provider in an attempt to get compensated for their medical expenses, property damage, lost wages and other damages. This is different from a “no-fault state,” where an injured party would go to their own insurance company for compensation up to a certain level.
Attorneys frequently get questions on the topic of comparative fault, as it can have a major impact on how much compensation you can get following a car crash or truck accident.
Indiana’s comparative fault is used to evaluate the drivers and their roles in the accident. A percentage of blame is assigned to every involved driver, ranging from 0% to 100%. This figure is important if you file an accident lawsuit in Spencer County or another region of Indiana.
Typically, your percentage of fault is used to adjust the compensation that is awarded by the courts. So if you’re 10% at-fault for an accident, your compensation figure would typically be reduced by 10%. But it doesn’t end there, because if you’re found to have 51% of the fault or more, then you could be unable to recover compensation in a personal injury lawsuit.
Indiana law makes it very challenging for the party with a majority of the fault to recover compensation. Rare exceptions may arise, but this is uncommon. Subsequently, it’s important that you have a good Spencer County personal injury lawyer who can see to it that you don’t receive more than your fair share of the blame for the accident.
The attorneys of Tuley Law Office can provide you with a better idea of precisely what types of compensation you may be eligible to receive. Typically, you must prove that your damages or losses are a direct result of the accident. Using this formula, it’s common to receive compensation for medical expenses, past and future lost wages, pain and suffering, burial/funeral costs, and even loss of a relationship (also called loss of consortium.)
If gross negligence is a factor in your accident – particularly if it involves a wrongful death claim – you could be awarded punitive damages. Punitive damages do not compensate for a loss per se; instead, they’re intended to penalize and punish the other party.
Most accident lawsuits are accepted on a contingency basis, with the legal fees deducted from the compensation that’s recovered on the client’s behalf. In some instances, the other side could be ordered to pay for your legal fees.
Tuley Law Office’s experienced legal team will help you recover the compensation you need to improve your quality of life following a serious car accident or a truck accident. We use a strategic approach in all that we do, helping you to get you the highest possible sum for your losses.
If you’ve been involved in a car accident or truck accident, we encourage you to contact our legal team to discuss your case in a confidential consultation. Call Tuley Law Office today at (812) 434-1936.
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