Truck Accident Lawyer Indianapolis – Car accidents are one of the leading causes of serious injury and death in the United States. The severity of injuries often depends on driver demographics and behavior, the type of vehicle, and the time and place of the accident. Some of the biggest accidents in Indiana involve large commercial and non-commercial vehicles and heavy trucks.
According to the National Highway Traffic Safety Administration (“NHTSA”), Indiana has seen a 13% increase in the number of highway crash fatalities over the past decade. This report highlights the danger that large trucks pose to drivers on Indiana roads. People who have lost a loved one in a car accident may be eligible for compensation under Indiana wrongful death law. The personal injury and wrongful death attorneys at Tabor Law have years of experience successfully representing individuals and families who have suffered the serious injury or death of a loved one in an Indiana car accident.
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Under Indiana law, the term “wrongful death” refers to a death caused by the “wrongful act or omission” of a person, business or entity. Indiana has three county statutes governing wrongful death.
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These actions are joint and independent; Therefore, the plaintiffs cannot pursue them together. The decedent’s estate or representative applies on behalf of the appropriate members of the decedent’s family. Essentially, a wrongful death claim can be made where, if the victim survives, they would have a legal claim against the perpetrator for bodily injury.
An extensive Federal Motor Carrier Safety Administration (“FMCSA”) study on the causes of major vehicle crashes analyzed large data sets of 1,000 large cars. Research has found the following causes of truck accidents:
Many injuries and fatalities in car accidents occur as a result of poor driver performance, such as drowsiness, serious illness, or other physical impairments. In addition, the driver’s cognitive problems, such as lack of attention, distraction or insufficient analysis of the situation, have caused many accidents. In addition, the decision-making ability of drivers is a factor that affects accidents. For example, research has found that many factors are related to:
After all, driver skill and performance have been linked to many serious car accidents. For example, drivers under the influence of drugs or alcohol pose a serious danger to other drivers and are responsible for a large percentage of all car accident fatalities each year. Careful driving also plays a role in many car accidents, although it is difficult to determine whether all car accidents are caused by impaired driving because drivers rarely admit to interference. An experienced Indiana car accident attorney can help grieving families by thoroughly investigating the circumstances surrounding the accident.
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Certain environmental factors such as bad weather, bad road conditions and bad weather conditions can cause car accidents. Although some of these events cannot be foreseen, such as sudden, unexpected weather, others are due to negligence.
The study also found that defective trucks can seriously injure drivers. Bad construction, bad brakes, bad tires, and other defects can cause injuries and serious injuries.
Car accidents are complex accidents, often involving two or more vehicles and multiple parties. Individuals or entities that cause or cause a wrongful death may be liable for damages. Common culprits in a car accident lawsuit include:
Establishing liability is an important part of an Indiana wrongful death claim. An attorney can work with car accident victims and their families to ensure that everyone responsible for the damages is held accountable.
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Under the state’s Wrongful Death Act, spouses or dependent children, neighbors and caregivers can seek damages in a wrongful death lawsuit. Damages in these cases include, but are not limited to, medical expenses, hospitalization, funeral and burial expenses, lost income, and litigation-related costs. However, only spouses, dependent children and close relatives can claim compensation for loss of love, care and affection. Additionally, although the Wrongful Death Act does not specifically allow punitive damages, the Indiana Supreme Court has held that punitive damages are recoverable as a matter of law.
Under the Wrongful Death of a Child Act, beneficiaries can recover lost child benefits, lost love and relationship with a child, and expenses and debt owed by a deceased child.
Finally, under the Wrongful Death Act, the personal representative can pay the decedent reasonable medical, hospital, funeral and burial expenses. This damage is available to the estate of the elderly person to pay the debt. An absent parent or an adult child of a car accident victim can cause more damage.
Under state law, all wrongful death cases must be filed by the victim’s estate representative. In most cases, the victim will appoint a personal representative as the person who will be responsible for the victim after death. However, if a person dies without a will, the judge will appoint a personal representative. Often, but not always, the judge will first find family members who are willing to act as personal representatives. If your loved one is killed in a car accident in Indiana, you may be named as their representative. Basically, the personal representative must act within the law to act in the best interests of the surviving victim. Even if you or another relative have not been appointed as your loved one’s representative, the appointed representative must submit the application for your family.
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Under Indiana wrongful death laws, the personal representative must file this claim within two years of the person’s death. Generally, courts will dismiss all wrongful death lawsuits if the two-year statute of limitations is not met.
However, it is best to speak with an Indianapolis wrongful death attorney as soon as possible. This is because these cases are often based on anecdotal evidence that is difficult to find in real time. For example, cars and trucks may be destroyed, witnesses may forget or move, and surveillance video may be unavailable.
If you’ve recently lost a loved one in a car accident in Indiana, your life has been turned upside down. And it often happens that you don’t know where to turn for help. At Tabor Law Firm, our wrongful death attorneys help grieving families seek financial justice for what they have experienced. We handle all types of wrongful death claims, including those resulting from fatal car accidents. For more information and to schedule a free consultation, call the Tabor Law Office at 317-236-9000. You can also contact our Indianapolis wrongful death attorneys using our secure online contact form.
Submit our online contact form or call (317) 236-9000 today to schedule your free evaluation.
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