Indianapolis Fatal Truck Accident Attorney
If your loved one was killed in a truck accident in Indianapolis that was someone else’s fault, you need a fatal semi-truck accident attorney. At Craig, Kelley & Faultless LLC, we assist grieving families who lost family members in fatal truck accidents pursue the compensation they deserve for medical expenses, funeral and burial costs, and other losses. Let us handle the details while you grieve your loss and care for your family.
If you lost a loved one because of someone else’s negligence in a truck crash in Indianapolis, we are prepared to file a claim to aggressively seek the money you need. Contact us today to talk to an Indianapolis truck accident attorney for free during an initial consultation.
Why Truck Accidents Cause Fatalities
According to the Federal Motor Carrier Safety Administration (FMCSA), there has been a 27 percent increase in fatal truck accidents in the last 10 years. Because trucks are larger and heavier than cars, they have a greater impact when they collide with a smaller vehicle and can cause devastating injuries or death to the occupants within.
Although the sheer size and weight of semi-trucks is typically the first factor that comes to mind when considering why truck accidents are often fatal, there are other causes of truck accident fatalities.
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Common Causes of Indianapolis Truck Accident Fatalities
In Indiana, fatal truck crashes are more likely to occur in nonurban or rural areas. As with any motor vehicle accident, human error is often a contributing factor in a fatal truck crash.
An experienced truck accident attorney from Craig, Kelley & Faultless LLC can investigate the crash that took your loved one’s life to determine the underlying cause. Some examples of common causes of deadly truck accidents in Indianapolis include:
- Distracted driving
- Truck drivers impaired by alcohol, drugs, or legal medications
- Speeding and other forms of aggressive driving
- Driver fatigue and violations of hours of service (HOS) regulations
- Driver inexperience
- Poor vehicle maintenance or vehicle defects
- Improper loading and securing of cargo
Indiana’s Wrongful Death Statutes
In Indiana, the personal representative of the decedent may bring a wrongful death action within two years of the death. The personal representative may seek reasonable medical, funeral, and burial expenses of the deceased and their lost earnings.
Although any money received for these expenses is paid to the estate for payment to medical providers and vendors, the deceased’s spouse and dependent children or next of kin receive the remainder of any other money recovered. Though not eligible to receive compensation for their grief or punitive damages, beneficiaries may receive up to $300,000 for the loss of their loved one’s companionship and love.
Liable Parties in an Indianapolis Wrongful Death Truck Accident Claim
Commercial truck accident cases differ from accidents between passenger vehicles not only because of the added force of impact but also because of the different potentially liable parties. Determining which parties might be liable for a truck accident is a complex but critical element of pursuing compensation for fatal truck accidents in Indianapolis.
Examples of potentially liable parties for a semi-truck accident include:
- The truck driver – The driver may be liable for the accident if they were negligent, which includes driving while intoxicated, speeding, or failing to follow traffic laws, for example.
- Trucking companies – The truck may be owned by a trucking company and leased by the driver who caused the accident. Further, the driver may be an employee of the company. If the trucking company requires its drivers to meet unreasonable deadlines or engages in unsafe hiring practices, they could be at fault for the crash. If the driver was an employee – not an independent contractor – the employer could be vicariously liable for the driver’s negligence.
- The truck manufacturer – If an equipment malfunction contributed to the accident, the company that manufactured the truck or any faulty component may be liable for the fatal accident.
- Cargo loaders – If poorly loaded and secured cargo contributed to the crash, the company responsible for loading the truck could be liable for the accident.
- The truck maintenance company – If the trucking company relies on another company to inspect and maintain the truck and the maintenance company fails to do so, the maintenance company may be liable for the accident if the poor maintenance contributed to the wreck.
When to File a Wrongful Death Lawsuit After a Fatal Crash
Under Indiana law, you have two years from the date of the victim’s death to file a wrongful death suit. Although this may seem like a long time, two years can pass quickly. If you file after the deadline has passed, the court will likely dismiss your case. Families who miss the deadline are then unable to pursue wrongful death damages in court.
The timelines involved in filing a wrongful death lawsuit in Indiana highlight the importance of contacting our attorneys as soon as possible after your loved one’s death. With our attorneys by your side, you can rest assured your claim will be properly and timely handled. We will manage the investigation, liability analysis, and all the necessary paperwork to pursue justice for your loved one while your family takes the time to grieve and heal.
How Our Fatal Truck Accident Lawyers Can Help
To bring successful wrongful death claims, you must prove that someone else’s negligence or wrongdoing caused the fatal accident. Our lawyers are ready to thoroughly investigate the facts and circumstances of the truck accident and gather the necessary evidence to build a robust case.
Examples of potential evidence include:
- Photographs of the vehicles and accident scene
- The police report
- Expert reconstructionist reports
- Data from the truck’s black box
- Bills of lading
- Maintenance records
- Employment or contracting records
- Cell phone records of any drivers involved
At Craig, Kelley & Faultless LLC, our experienced wrongful death lawyers stand ready to handle every detail of your case. We understand that navigating the legal process after the death of a loved one is difficult. From the initial investigation to determining liability, we will work hard to prepare your wrongful death claim. We will calculate your financial losses, communicate with insurance companies and other attorneys, seek a fair settlement through negotiations, and pursue a wrongful death lawsuit in court if settlement negotiations prove unsuccessful.
Talk to Our Wrongful Death Truck Accident Lawyers in Indianapolis
If you lost a family member in an Indianapolis truck accident due to someone else’s negligence, you could be entitled to financial compensation. At Craig, Kelley & Faultless LLC, we understand that the grief of the sudden death of a loved one in a truck accident can be overwhelming. Our experienced and compassionate legal team wants to handle every aspect of your case as you grieve your loss.
Contact us today for a free case evaluation with an Indianapolis truck accident lawyer.