With so many people doing online shopping today, there are more delivery trucks on the road than ever before. While these trucks may not be as large as some of the tractor trailers, they’re still a lot bigger than most passenger vehicles. A delivery truck accident can cause serious injuries.
What you want to know is what kind of damages your Indianapolis truck accident lawyer can demand. Here, we’ll discuss the factors that can impact how much money you receive.
How Insurance Companies Handle Delivery Truck Accident Claims
It’s important to remember that insurance companies are businesses, and their primary goal is to make money. With that said, they will often try to minimize the amount of money they have to pay out for a delivery truck accident claim.
One way they do this is by looking for ways to place blame on the victim. If they can find any evidence that you were at fault, they will deny your claim or offer partial payment. For example, the insurance company may argue that the victim was distracted and should have seen the truck coming and moved out of the way.
Your Indianapolis truck accident lawyer will negotiate with the insurance company for a settlement on your behalf. If the insurer is unwilling to settle the claim, your attorney can file suit against the other driver and their employer.
What Types of Damages Can My Indianapolis Truck Accident Lawyer Demand?
Many truck accident victims suffer serious injuries. If they’re lucky, they’re able to return to work after a few weeks or months. Some people’s injuries are so bad that they can never work again.
What this means is that, in addition to damages for medical bills, you may also be entitled to compensation for lost income. What your lawyer will do is review all the evidence, including your medical records, and make a demand for damages in your initial complaint.
In many of the truck accident cases we handle, our clients receive some, or all of the following:
- Medical expenses: Your Indianapolis truck accident lawyer is going to demand that your medical expenses be paid. This includes such things as hospitalization, surgery, and physical therapy.
- Lost wages: If you have had to miss work due to your injuries, your attorney can demand reimbursement for any lost wages.
- Lost Future Income: If you can no longer do the same job you did prior to the crash, your lawyer can demand damages for lost future income. This will be equal to the difference between what you would’ve earned and what you will now earn given your disability.
- Pain and suffering: These damages are sometimes the hardest to prove. They are meant to compensate you for the physical and mental anguish you suffered after the crash.
- Property damage: If your car was damaged or destroyed in the accident, your attorney will demand reimbursement for the cost of repairs or replacement.
What Influences the Compensation for a Delivery Truck Accident?
The first question most clients ask our attorneys is how much their case is worth. There is no one way to answer this question. The amount of money you can receive in a delivery truck accident case depends on several factors.
The Severity of Your Injuries
For example, the seriousness of your injuries will certainly impact how much you receive. To put this into perspective, if the delivery truck barely hit your car, you’ll probably only receive nominal damages. If, however, the accident was more severe, you could be looking at significant damages.
If You Are Partially at Fault
Another factor that can have a significant impact on your total damages is whether you were partly at fault. According to Indiana Code §34-51-2-6, you can still collect damages as long as you are less than 51% at fault. However, your damages will be reduced by your percentage of fault.
For example, imagine that you were speeding when the delivery truck hit you. The insurance company’s attorney can prove that you were going 20 miles over the speed limit. The judge decides that you were, therefore, 25% at fault.
If your total damages were $400,000, they will be reduced by $100,000. While this may be frustrating, at least you can still collect damages.
Your Case Will Likely Settle
The other reason why it’s impossible to say exactly what your case is worth is because your case probably will settle at some point. An insurance company will not settle a claim for more than the policy limits.
Your attorney will negotiate a settlement that covers your out-of-pocket expenses. However, they will probably have to compromise somewhat.
If You’re Looking to Collect as Much Money as Possible, Contact Our Office Today
At Rowe and Hamilton, our Indianapolis truck accident lawyers have decades of experience. They know how to negotiate with insurance companies, and they know how to prove damages. They also understand that the most important thing to you is that you’re fairly compensated for your injuries.
We suggest you contact us today at 317-482-7888 and schedule your free, no-obligation consultation to discuss your case.