How to File a Truck Accident Claim in Indiana

Short answer: After a truck hits you, get medical care, document the crash, preserve evidence, report the crash, contact the truck’s insurer (and your own insurer), and consider consulting an attorney promptly. Under Indiana law, you generally have two years from the date of the crash to file a personal injury lawsuit. This article explains the practical steps and legal considerations so you can make informed decisions.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. Laws change and every case is different. Talk to a licensed Indiana attorney about your situation.

Detailed answer: Step-by-step guide to filing a claim in Indiana

1. Get medical care immediately

Your health is the priority. Seek emergency treatment if needed. Some injuries do not show symptoms right away; follow up with your primary doctor and keep records of every visit, test, and treatment. Medical records and bills are key evidence for a claim.

2. Call the police and obtain an official crash report

Call 911 if anyone is injured. The responding law enforcement agency will prepare a crash report that documents the scene, parties, and apparent violations. In Indiana, that report is an important source of evidence for fault and insurance claims.

3. Collect evidence at the scene (safely)

If you can do so safely after the crash, take photos of the vehicles, license plates, truck tractor and trailer numbers, the commercial company’s name or logos, road conditions, skid marks, traffic signs, and visible injuries. Get contact information for the truck driver and any witnesses. Note the time, location, weather, and any statements made at the scene.

4. Identify the correct parties

With truck accidents, the at-fault party may not be just the driver. Potential defendants include:

• The truck driver
• The trucking company or carrier (the driver may be an employee or independent contractor)
• The vehicle owner (if different from the carrier)
• Maintenance providers or parts manufacturers (if equipment failure contributed)

Trucking companies often have commercial insurance policies with higher limits than standard auto policies. Note the truck’s USDOT or MC number (often on the door) to identify the carrier.

5. Preserve evidence and request a preservation letter

Ask the trucking company and its insurer to preserve evidence: the truck’s electronic control module (ECM), driver logbooks, dispatch records, maintenance and inspection logs, and any in-cab video. A written preservation request helps prevent spoliation (loss of evidence).

6. Report the claim to insurers

Notify your own auto insurer as soon as possible. Also report the crash to the at-fault driver’s or trucking company’s insurer. Insurers will open files, investigate, and often request statements. Before giving a recorded statement or signing medical release forms, consider consulting a lawyer—insurance adjusters may seek information that limits your recovery.

7. Keep detailed records

Keep a chronological file with the police report, photos, names and contact details of witnesses, medical records, medical bills, wage-loss documentation, repair bills, rental car expenses, and notes about pain and how injuries affect daily life. These documents support damages claimed in a settlement or lawsuit.

8. Understand damages you can seek

In Indiana, an injury claim can include:

• Medical expenses (past and future)
• Lost wages and lost earning capacity
• Pain and suffering and mental anguish
• Property damage
• In wrongful death cases, funeral costs and survivor damages

9. Be aware of Indiana’s time limit to sue

Under Indiana law, most personal injury actions must be filed within two years of the date of the injury. See Indiana Code § 34-11-2-4 for the statute of limitations on actions for injuries to the person. If you miss this deadline, a court will likely dismiss your lawsuit even if the claim has merit. Link: https://iga.in.gov/laws/2023/ic/titles/34#34-11-2-4

10. How fault affects recovery

Indiana applies comparative fault rules: the amount you can recover is typically reduced by your percentage of fault for the crash; if you are more than 50% at fault, you generally cannot recover damages. Determining fault often requires investigating police reports, witness statements, vehicle data, and compliance with federal and state safety rules.

11. When to call an attorney

Consider talking to an attorney early if:

• Your injuries are serious, permanent, or require long-term treatment.
• The trucking company denies responsibility.
• Multiple parties may share fault (driver, carrier, vehicle owner, manufacturer).
• Insurers request recorded statements or offer quick, low settlements.

A lawyer experienced in truck-accident claims can preserve evidence, subpoena records (driver logs, maintenance records, ECM data), handle negotiations, and, if needed, file suit before the statute of limitations expires.

Helpful Hints

• Prioritize health and document all medical visits and instructions from providers.
• Get the truck’s carrier name and USDOT/MC number from the truck door or nearby; this helps identify the insurer.
• Take many photos at the scene from different angles and of injuries and vehicle damage.
• Ask witnesses for written or recorded statements and contact information.
• Send a written preservation letter to the carrier and insurer demanding they preserve evidence (logs, ECM, video).
• Do not provide recorded statements to insurers without legal advice, especially if your injuries are significant.
• Track all expenses (receipts, mileage, lost time from work) to support damages claims.
• Note important deadlines: insurance claim reporting windows and the two-year statute of limitations for lawsuits.

If you want, I can outline the documents to gather for an attorney or provide a sample preservation letter. Again, this is informational and not legal advice—talk to a licensed Indiana attorney for guidance specific to your case.