Truck Accidents Attorney in South Bend, Indiana

Truck accidents can happen for a variety of reasons, from driver fatigue and drug use to equipment malfunctions and improper cargo loading. These accidents often result in severe injuries due to the significant size and weight of commercial trucks. They can be extremely devastating, which is why my team and I are here for you.

At Jay Lauer Attorney at Law, it's my job to thoroughly investigate your case, identify all potentially liable parties, and advocate for your rights. Also, I have the resources, experience, and knowledge to help you pursue the compensation you deserve.  

What to Do After a Truck Accident

If you're involved in a truck accident, there are several important steps to take. It is advisable to:  

  • Notify the authorities about the incident. 

  • Collect the truck driver's information, such as insurance and contact details. 

  • Take photos of any damage, as well as any logos or signage on the truck. 

  • Note the road conditions, weather conditions, and any other factors that might have contributed to the crash. 

  • Collect the names and addresses of any witnesses. 

  • Seek medical attention and keep records of all treatments. 

  • Consult with a personal injury attorney to understand your rights and options. 

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Assessing Liability

Indiana law follows a Modified Comparative Negligence Rule. This means that your percentage share of the fault for an accident reduces the damages you can collect for your injuries by that amount. However, if you're found to be 51% or more to blame, you won't be able to collect any damages. 

Determining liability in a truck accident is a multifaceted process. It's not just about finding out who was driving; it's about dissecting the circumstances leading up to the accident and identifying all potentially liable parties. This could include: 

  • The truck driver: Their behavior at the time of the accident, their working hours and routes, their ability to refuse a load, and their responsibility for insurance are all factors that can contribute to their liability. 

  • The owner of the truck or trailer: If the owner failed to maintain the vehicle properly or knowingly allowed an unsafe driver or vehicle to be on the road, they could share in the liability. 

  • The cargo loader: Improper loading or securing of cargo can directly contribute to a truck accident, making the cargo shipper or loader potentially liable. 

  • The truck manufacturer or parts manufacturer: If a mechanical failure due to defective equipment led to the crash, the manufacturers could be held accountable. 

  • Local government or contractor: If roadway defects or inadequate warning signs contributed to the collision, these entities could share in the liability. 

In accordance with Indiana law, I'll conduct a detailed investigation into the circumstances surrounding the accident. 

How to File a Personal Injury Claim

When it comes to filing a personal injury claim in Indiana, there are several critical steps that you need to follow: 

  • Determine the Proper Court: You should file your personal injury case in the appropriate Indiana trial court. This could be either a circuit court or a superior court. 

  • Understand Venue Requirements: Indiana has relaxed venue requirements, which means you have the option to file suit in any county. However, the judge assigned to your case may order it transferred to a more appropriate location. 

  • File a Complaint: To start your Indiana personal injury lawsuit, you're required to file a complaint with the court and pay the filing fee (unless waived). You'll also need to provide the necessary copies of the summons and complaint to the court clerk. The complaint should include details about the parties involved, the accident or event that caused your injuries, the injuries sustained, what the defendant did wrong, and the relief (usually monetary damages) you seek from the court. 

  • Serve a Summons: A summons, which is a court order commanding the defendant to appear in court and defend the case, must be served to each defendant in your lawsuit according to the court rules. 

Navigating the legal process can be daunting, and that's where I come in. I'm here to guide you through each step, ensuring your claim is filed correctly and on time. 

Legal Representation and Compensation

Navigating the legal process following a truck accident can be daunting. That's where I come in. I'm committed to providing exceptional legal representation, protecting your rights, and helping you obtain the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering. 

Together, we'll explore all your options and work towards obtaining the best possible outcome for your case. I'll negotiate with insurance companies and other parties involved to ensure you receive fair compensation. And throughout this process, I'll keep you informed, answer your questions, and provide personalized attention every step of the way. 

Why Choose Me?

With over 40 years of experience, a deep understanding of truck accident laws, and a commitment to personalized service, I believe I'm the right choice for your legal representation. I understand local laws specific to South Bend and Northern Indiana, allowing me to navigate the legal system effectively on your behalf. I'm a dedicated advocate for my clients' rights and will fight tirelessly for you. 

Truck Accidents Attorney in South Bend, Indiana

If you've been involved in a truck accident, don't hesitate to reach out. Let's schedule a consultation and discuss your case. Remember, timing is crucial in these cases, and I'm here to help you navigate the legal process and pursue the justice and compensation you deserve.