Frequently Asked Questions
Below, you will find straightforward answers to some of our most frequently asked questions about our Practice Areas. If you have questions about recovering compensation for your injuries, don’t put off contacting us for a free consultation.
Indiana law does not impose a specific time limit on insurance companies when investigating car accident claims. However, the law does outline several “unfair claims settlement practices,” which include behaviors like failing to promptly communicate with claimants or failing to promptly investigate or settle claims. Insurers who engage in these practices can face serious penalties, including fines or even license revocations.
Police incident and arrest reports are public records. But, as you can see above, many Indiana jurisdictions are making reports available through a commercial vendor.
The trucking industry is regulated by both the state of Indiana and the Federal Motor Carrier Safety Administration. This is important because a violation of a state or federal regulation when related to a truck accident may lead to higher compensation for an accident victim or the victim’s family. It is important to work with an experienced lawyer who has handled numerous truck accident claims and is knowledgeable about the regulations that apply to truckers and trucking companies.
If you were hit by an Amazon delivery driver, you will most likely be able to file a claim with Amazon’s insurance provider. Amazon Flex drivers are covered by up to $1,000,000 in liability insurance, which covers property damage and bodily injury. The driver must have been at fault for the accident and must have been on the job at the time of the wreck.
However, if you were hit by an Amazon delivery truck or van, recovering compensation may not be as simple. Amazon employs third-party independent contractors to deliver most of its packages. That means that you will most likely need to file a claim with the third-party company’s insurance policy.
However, some individuals who have been injured by Amazon delivery drivers are pushing back against the company’s ability to avoid liability by employing third-party contractors. Per Business Insider, a man who was paralyzed in an accident with an Amazon van is attempting to sue Amazon, arguing that Amazon is liable for his losses because the company uses driver surveillance to monitor all of its drivers, even if it doesn’t directly employ them.
If you were involved in a crash with an Amazon delivery vehicle, a delivery truck attorney can help you determine your best option for seeking financial relief.
One thing that separates semi-truck accidents from typical car crashes is that commercial truck drivers and trucking companies have to follow more rules and regulations than other motorists.
- Hours of Service regulations – Because semi-trucks may weigh up to 20 times more than a passenger car, it is essential that truck drivers are always awake and alert behind the wheel. The Federal Motor Carrier Safety Administration (FMCSA) and state regulatory agencies have hours of service rules that limit how long an interstate truck driver can operate a vehicle without taking a rest break and how many hours a trucker can drive during a week.
- More strict drunk driving laws – Commercial drivers are held to a stricter standard regarding driving while impaired. According to the FMCSA, the blood alcohol concentration for commercial drivers to be charged with driving while impaired is 0.04 percent. All commercial truck drivers are subject to drug and alcohol testing. Truck drivers must undergo drug and alcohol if they are involved in a fatal accident or receive a traffic citation for an accident resulting in an injury.
- Weight restrictions – The bigger a vehicle is, the harder it is to control. Accordingly, the FMCSA and state regulators have implemented strict weight restrictions for truck drivers. The weight limit for a standard tractor-trailer is 80,000 pounds, but there are different rules for combination trucks and other vehicles.
Personal injury refers to an injury to a person that is the result of negligence or intentional misconduct. Injuries may be physical, emotional or psychological, or financial in nature. Personal injury claims could include injuries caused by motor vehicle accidents, a slip and fall, medical malpractice, a defective drug or a defective product.
Personal injury lawsuits are subject to a statute of limitations, after which the claim cannot be filed. Under Indiana law, a personal injury lawsuit must be filed in court no later than two years after an injury. There are a few exceptions, but you should consult with a personal injury lawyer sooner rather than later to determine if you have a case.
If the at-fault party has insurance coverage, the victims will have to deal with the insurer to seek compensation for injuries and damage to their property. Unfortunately, insurance companies are often reluctant to pay the full amount that the accident victim is owed. When this happens, an experienced Indiana personal injury attorney can help the victim and their family pursue compensation through a negotiated settlement or personal injury lawsuit.
A wrongful death occurs when someone dies because of someone else’s negligence, negligent act of omission, or wrongful action. It’s a preventable death, one that would never have happened but for the other party’s actions. Indiana law defines a wrongful death as one in which the deceased, if they had survived, would have had grounds to file a personal injury claim for damages against the at-fault party.
