Foley Truck Accident Lawyer

Large trucks are difficult to drive and maneuver, and it is no surprise that their size and weight can do considerable damage when involved in a crash. Victims of truck accidents often suffer serious and sometimes fatal injuries. Survivors may be left dealing with tremendous pain and suffering as well as the financial costs of surgeries, hospital stays, rehabilitation, medication and ongoing care, and loss of income from being unable to work.

If you or a loved one has been injured or someone has died in a truck accident due to another party’s negligence or fault, you may be entitled to compensation through insurance or a personal injury lawsuit. While no amount of money can fully make up for what you are going through, a successful claim can at least alleviate your financial problems, and allow you to concentrate on getting well.

Truck accident claims are extremely complicated due to the multiple parties and insurance companies involved, as well as state and federal rules and regulations for the trucking industry. In addition, insurance companies and their lawyers will often try to deny claims, get you to settle for less than your case is worth, or make it seem as if the accident is your fault, so it is difficult to go up against them on your own. Having an experienced truck accident attorney on your side helps ensure that everything is done correctly and takes the burden off you so you can focus on your recovery and your family.

The truck accident attorneys at Caldwell Wenzel & Asthana (CWA) are fully prepared to investigate your truck accident and hold the at-fault parties accountable.  We know trucking laws and the system, and how to deal with insurance companies and their lawyers to achieve an optimum settlement.

We offer a free consultation to discuss your case and determine the best way to move forward, so call us today for your free, no-obligation case evaluation.

How Our Truck Accident Lawyers Help You

Why Choose Us

There are many lawyers, and it is important to find one you feel comfortable with who also has the experience and resources necessary to investigate, negotiate, and litigate complicated truck accident claims.  Here are some reasons why we feel Caldwell Wenzel & Asthana is your best choice:

• Our seasoned attorneys have the experienced you need. Attorneys C. Randall Caldwell, Jr., and Drew Wenzel and Dee Asthana have more than 25 years of combined legal experience and are seasoned trial veterans with a long record of success both in and out of the courtroom.
• We have outstanding client victories and proven case results, getting the largest payouts possible. We win big, including an $8,000,000 medical malpractice case.
• We come highly recommended by many satisfied clients.
• We offer an attractive attorney referral program and consider it the highest compliment when we receive referrals from our esteemed colleagues, past clients, lawyers, and judges.
• We know how to deal with insurance companies and how to negotiate to settle most cases out of court, but we are also successful litigators fully prepared to take your case to trial.
• We are available. When you hire us, you receive our full attention, compassion, and commitment to see the case through to a successful conclusion.
• We offer free, no-obligation consultations, and there are no fees to you unless and until we win your case.

How We Work for You

Time is of the essence when dealing with truck accidents, as trucking companies may destroy evidence such as training records and the truck’s black box data. When you retain Caldwell Wenzel & Asthana, we start working for you immediately.  We will:

• Meet with you to hear how your truck accident happened to see if a lawsuit is warranted and determine who the at-fault parties may be and what settlement to go after
• Ensure that you get proper medical treatment and that all injuries are documented
• Investigate the accident to gather and preserve evidence, such as from damage to the truck, black box data, traffic photos and videos, police and medical records and reports, and interviews with witnesses and first responders
• File all required paperwork and forms
• Hire truck accident reconstruction experts to testify as to fault and life-care experts to estimate the costs and extent of your injuries in Foley and the effects on your life in the future
• Handle all communications and negotiations with insurance companies and opposition attorneys to come up with an agreement for a fair settlement
• Build and your case and take it to court if necessary.

Our truck injury attorneys are fully committed to our clients and getting the best settlement possible. `

Truck Accident Lawyers in Foley Must Prove Negligence

To win your truck accident case, our attorneys would have to show that another party was negligent, at fault, and therefore liable for your damages. Proving negligence legally means showing the existence of the following elements:

• Duty: The defendant owed you a duty of care not to cause harm.
• Breach: The defendant breached that duty through actions or failure to act.
• Cause: This breach caused the accident that injured you.
• Damages: You suffered damages as a result.

The Federal Motor Carrier Safety Administration (FMCSA), requires truck drivers to obtain special licenses and training and places strict limits on work hours and the amount of on-duty driving allowed. Violations of FMSCA requirements are grounds for negligence. The state has extended the period for log and record book retention to 12 months from the federally required 6 months, which can help preserve evidence that shows negligence.

Truck drivers are held to higher standards than car drivers, but still human error is the primary cause of truck accidents. In addition, vehicle malfunction, mechanical problems, and employer neglect also contribute to a great number of crashes. Under federal law, trucking companies are responsible for the actions of their employee drivers. Truck owners and manufacturers are responsible for the safe condition of the equipment.

Therefore, in addition to the truck driver, liability for truck accidents often involves multiple individuals and businesses, including:

• The trucking company that may not have investigated or trained drivers properly or that pressured them to drive extra hours
• The manufacturer of the truck or its parts
• Maintenance crews that failed to make repairs properly
• Cargo companies that loaded the truck improperly and caused it to be off balance
• Third-party contractors or other drivers that may have been involved in the crash.

Our Foley truck accident lawyers will investigate to identify all parties who may have contributed to the accident, as they all may have assets and insurance that can go toward a settlement. We will then utilize the evidence and expert testimony to prove negligence.

Damages Our Truck Accident Lawyers in Foley, IN, May Recover

In a successful truck accident case, you should receive compensation for all your “damages,” the costs and losses you suffered from the accident. Damages include your economic or monetary damages and also compensation for your “non-economic” damages that do not have a specific dollar value but negatively impact your quality of life.

These may include:

• Costs of medical and rehabilitation care, medications, and medical devices and equipment
• Modifications to your home or vehicle, such as to accommodate a wheelchair
• Property damage
• Lost income and future income if you can’t work
• Physical and emotional pain and suffering, depression and anxiety
• Loss of quality of life and consortium.

There is a wide range of damage awards possible in a truck accident case, from thousands to millions of dollars, depending on the circumstances of the case. Factors that are considered in determining awards include the severity and permanence of your injuries, costs of care, and whether a wrongful death was involved. Our truck accident attorney will take the long-term impact of your crash into account and fight for a settlement that covers all your damages.

Get Help from Our Experienced Truck Accident Attorney

Having an experienced attorney handling your case is especially important, as it is an at-fault (or “tort”) state, where negligent drivers and their insurance companies are responsible for the other driver’s damages resulting from a crash. This means that if you were even 1% responsible for your accident, you cannot recover any compensation at all, so our attorneys would have to show that the other party was 100 percent at fault for the accident.

The Foley truck accident attorneys at Caldwell Wenzel & Asthana have the skill, experience, and commitment to obtain the best possible recovery for you. We have a reputation for providing aggressive, results-oriented legal representation which serves our clients well. Other attorneys and insurance companies know that when we are handling a case, we will be prepared to take it all the way to trial.

Don’t delay, as Foley has a statute of limitations, time limits for filing. According to the law (Code Section 6-2-38), you generally have two years from the date of the accident to file a claim, or the courts are likely to refuse to hear your case.  Put our skilled, experienced truck accident lawyers to work on your case now, while evidence is fresh, and witnesses can be found.