Kokomo, IN Truck Accident Lawyer

Kokomo sees a high frequency of truck accidents as a hub of the Midwest. These accidents often result in significant losses to unsuspecting individuals.

However, you have the right to seek compensation from the parties responsible for your injuries. Truck drivers and companies have a responsibility to follow strict safety regulations to ensure the well-being of everyone on the road, including you. When they fail to do so, they put others in potentially deadly danger. When drivers and companies choose to ignore regulations to gain an edge, they need to be held accountable in a truck accident claim. These cases are known for their complexity, but our attorneys are prepared and know how to take on the trucking industry to protect our clients’ rights.

For a free review of your case with our truck accident lawyers, call Wruck Paupore today at (219) 322-1166.

Common Causes of Truck Accidents in Kokomo, IN

Truck accidents are caused in much the same ways as typical car accidents but tend to be more destructive. However, a few causes are particular to truck accident cases, making filing a claim challenging. Our truck accident attorneys have litigated these cases for years and know that the cause of your accident will tell us much about who should be held liable in your claim. The following are the most common causes of truck accidents in Kokomo:

Driving While Distracted

One of the major reasons behind truck accidents is distracted driving. This can be caused by various factors, including using a cell phone to make calls or send texts, eating and drinking while driving, and fiddling with the radio or other electronic gadgets.

Any kind of distraction can significantly impact a driver’s focus and reaction time, leading to a higher likelihood of accidents. As such, truck drivers must stay alert and attentive at all times while on the road to ensure their safety and that of other drivers. When they do not, they should be held accountable.

Driving While Tired

Fatigue is another major factor contributing to truck accidents. Long hours on the road without adequate rest can lead to drowsiness, reduced reaction times, and even falling asleep at the wheel. Regulations exist to control the number of hours a truck driver can drive without rest, but these rules are sometimes violated, leading to devastating accidents.

Improperly Secured Cargo

Truckers and other parties must ensure that cargo is securely fastened during transport to prevent any mishaps on the road. When cargo is not secured properly, it can become loose and cause the truck to lose balance, leading to a catastrophic accident.

Moreover, failing to follow the federal and state regulations for cargo security can result in cargo falling off the truck, which could be extremely dangerous for other drivers and pedestrians on the road. If unsecured cargo caused your accident, multiple parties could be responsible for the resulting damages.

Overloaded Cargo

Overloading a truck beyond its maximum capacity can also result in accidents. An overloaded truck is harder to control, requires longer stopping distances, and is more prone to rollovers.

Moreover, overloaded trucks put excessive stress on vehicle components, increasing the chance of mechanical failure. Like the example above, an investigation might reveal several parties that bear responsibility for such a negligent oversight.

Other Trucking Violations

Other trucking violations can also lead to tragic accidents. This includes speeding, failing to maintain the truck properly, driving under the influence, and not adhering to safety regulations.

Truck drivers and their employers have a paramount responsibility to follow all relevant rules and regulations to ensure the safety of others on the road. The consequences of violating these rules are severe and can result in liability for both the driver and the employer, giving you multiple routes to compensation.

Compensation You Can Recover in a Kokomo, IN Truck Accident Claim

Many are surprised to learn they can recover a few types of compensation in a truck accident claim. In Kokomo, compensation is generally classified into three categories: economic damages, non-economic damages, and punitive damages. While not guaranteed in every case, they are intended to address the specific losses you have suffered and, in some cases, punish the liable party.

Economic Damages

Economic damages are designed to compensate for the financial losses directly related to the accident1. These typically include medical expenses, lost wages, and property damage. Medical expenses include ambulance fees, hospital bills, rehabilitation costs, and ongoing medical care.

Lost wages, on the other hand, account for the income you have lost because of your inability to work following the accident and any future earnings you might lose because of your injuries.

Lastly, property damage can be claimed for the cost of repairing or replacing your vehicle, securing a rental, or other property damaged in the accident.

Non-Economic Damages

Non-economic damages aim to compensate for the subjective losses caused by the accident. These are often more challenging to quantify than economic damages. They include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Pain and suffering refer to the physical pain and discomfort caused by your injuries, while emotional distress covers the psychological impact of the accident. This can include conditions such as anxiety, depression, or PTSD.

Further, loss of enjoyment of life compensates for the inability to enjoy activities you once loved, while loss of consortium compensates for the impact of your injuries on your relationship with your spouse.

Punitive Damages

Lastly, punitive damages could be awarded, but it is rare. That is because these damages are not intended to compensate for a loss. Instead, they are awarded to punish the defendant for particularly reckless or malicious behavior and to deter others from similar conduct.

In Kokomo and throughout Indiana, punitive damages are only awarded in cases where the defendant’s actions were outrageous or exceptionally egregious, like driving under the influence.

How Our Kokomo, IN Truck Accident Lawyers Can Support Your Case

One of the most critical tasks our attorneys can help with is gathering and preserving evidence. This includes police reports, witness statements, photographs of the accident scene, surveillance footage, medical records, and even data from the truck’s “black box.” These pieces of evidence form the backbone of your claim, providing a detailed account of the accident and demonstrating the extent of your injuries.

Another vital aspect of a truck accident case is determining liability. Unlike car accidents, which usually involve one or two parties, truck accidents can involve several potentially liable parties, including the truck driver, the trucking company, the cargo loader, and the truck manufacturer. Our team will meticulously examine the facts of your case, identify all potential defendants, and build a strong case against them with the evidence we have secured.

Our Kokomo, IN Truck Accident Attorneys Are Here to Help

To have your case reviewed free of charge with our truck accident attorneys, contact Wruck Paupore by calling (219) 322-1166.