Mishawaka Truck Accident Lawyers

Indiana continues to grapple with a significant number of truck accidents; the state’s percentage of related injuries and fatalities remains a concern, often exceeding national averages. The legal aftermath of these collisions is also more challenging than those involving only passenger vehicles, for several reasons. The average person faces significant hurdles when pursuing fair compensation for their damages, unless they work with an experienced legal team.

At Wilson & Kinsman, LLC, our Mishawaka truck accident lawyers bring years of dedicated experience to help those affected by these life-altering events. Our firm understands that truck accident cases differ substantially from typical automobile collisions, and we possess the knowledge, resources, and determination to advocate effectively for accident survivors and their families. We fight to protect their rights and help them pursue the compensation they rightfully deserve.

What Are the Most Common Causes of Truck Accidents?

Truck accidents result from driver-related errors, vehicle issues, and external conditions:

• Truck driver fatigue.
• Speeding and reckless driving.
• Distracted driving, including phone use and inattention.
• Impaired driving caused by alcohol or drugs.
• Mechanical failures, such as brake malfunctions or tire blowouts.
• Improperly loaded or overloaded cargo can cause instability, leading to rollovers or loss of control.
• Poor weather conditions, including rain, fog, and ice, make driving more dangerous.
• Inadequate driver training.

What Makes Truck Accidents Different From Car Accidents?

Truck accidents diverge from regular car accidents in several important ways. Commercial trucks can weigh up to 80,000 pounds when fully loaded, compared to the average passenger vehicle weighing approximately 4,000 pounds. That dramatic weight difference creates tremendous force during a collision, often resulting in more severe injuries and property damage.

Federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) add another layer of legal considerations. These regulations govern hours of service, maintenance requirements, driver qualifications, and many other aspects of commercial trucking operations.

Next, evidence gathering in truck accident cases can also be more extensive and technical. Examples include electronic logging devices, dashcam footage, vehicle maintenance records, driver qualification files, and shipping documents. Our Mishawaka truck accident lawyers have the experience to gather, preserve, and interpret this critical evidence before it disappears.

How Do I Know Who Is Responsible for My Truck Accident?

Truck accident liability requires thorough investigations, with multiple parties potentially sharing responsibility based on circumstances. The responsible parties might include:

• Truck drivers can face liability for negligence, including speeding, distraction, impairment, or hours violations. They can be owner/operators or employees of trucking companies.
• Trucking companies may be responsible through inadequate training or vicarious liability.
• Vehicle manufacturers might be found at fault for producing defective parts.
• Maintenance providers are sometimes liable for poor repair work.
• Cargo loaders can be held responsible for improper loading.

Our Mishawaka truck accident lawyers collaborate with reconstruction professionals, consultants, and medical experts to determine accountability and pursue compensation from all responsible parties.

What Compensation Can I Recover After a Truck Accident?

Truck accident survivors may be entitled to various forms of compensation depending on the specifics of their case.

‘Economic damages’ cover tangible financial losses, including past and future medical expenses, rehabilitation costs, lost wages, diminished earning capacity, and property damage. ‘Non-economic damages’ address intangible losses like physical pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement. In cases involving particularly reckless behavior, ‘punitive damages’ might be available to punish the wrongdoer and deter similar conduct. For families who have lost loved ones in fatal truck accidents, wrongful death claims may provide compensation for funeral expenses, lost financial support, lost companionship, and the grief experienced by surviving family members.

The Mishawaka truck accident lawyers at Wilson & Kinsman, LLC carefully calculate the full extent of our clients’ current and future damages to make certain they receive fair compensation that fully addresses their needs.

How Long Do I Have to File a Truck Accident Lawsuit in Indiana?

Indiana law establishes specific time limits, known as ‘statutes of limitations,’ for filing truck accident lawsuits. Generally, you have two years from the date of the accident to file a personal injury lawsuit. If you have lost a family member in a truck accident, you typically have two years from the date of death to file a wrongful death claim.

However, exceptions to these timeframes might apply in certain situations. If the accident involved a government entity, you may need to file a notice of claim within a much shorter period, sometimes as little as 180 days. Additionally, if the injured person is a minor or mentally incapacitated, the statute of limitations might be extended. Missing these deadlines can permanently bar your right to seek compensation through the court system. This underscores the importance of consulting with our Mishawaka truck accident lawyers as soon as possible after a crash.

How Does Wilson & Kinsman, LLC Handle Truck Accident Cases?

Our approach to truck accident cases centers on thorough investigation, detailed legal analysis, and persistent advocacy. After a free consultation, we conduct a comprehensive review of the accident, including examining police reports, interviewing witnesses, consulting with accident reconstruction specialists, and reviewing relevant trucking company records. We identify all potentially liable parties and all applicable insurance coverage. Many commercial vehicles carry multiple insurance policies with higher coverage limits than passenger vehicles, but insurance companies fight aggressively to protect their financial interests.

We also work closely with medical professionals to document the full extent of your injuries and their long-term impact on your life. This medical evidence proves valuable when calculating appropriate compensation amounts and countering insurance company tactics that might attempt to downplay your injuries.

Throughout the entire process, we handle all communications with insurance companies and opposing legal teams, allowing you to focus on recovery. While we prepare every case as if it will go to trial, we also engage in strategic negotiation when appropriate to reach fair settlements without prolonged litigation.

Skilled Mishawaka Truck Accident Lawyers at Wilson & Kinsman, LLC Are Ready to Speak With You About Your Case

If you or a loved one was injured in a truck accident, the Mishawaka truck accident lawyers at Wilson & Kinsman, LLC can explain your options. Call 574-522-1900, book online now, or submit a form for your free consultation. Located in Elkhart and South Bend, Indiana, we proudly serve clients in St. Joseph County and throughout the state.