January 26, 2018
Getting in an accident with a semi truck is much more complicated than a typical car accident. First, truck drivers are typically on the job while they’re driving, so the trucking company may be held responsible for the accident. Second, different laws apply to truck drivers, one of the most famous being that there are limits to how many hours they can be on the road at a time. Finally, truck drivers have electronic logging devices (ELDs) that could provide more evidence in your case either for or against your claim.
Already, getting in a truck accident complicates things. But your case gets even more confusing if you’re hit by an out-of-state semi truck.
How Fault Applies If You’re Hit By an Out-of-State Driver
Indiana is a fault state. That means that you can recover from the other driver’s insurance company if they are more than 50 percent at fault for the accident. However, the amount you’ll be able to recover will typically be reduced by your own percentage of fault. Whatever’s left, you’ll have to recover through your own insurance company.
For example, if you have $100,000 in damages and you’re 25 percent at fault, you can file a claim with the at-fault driver’s insurance company. However, you’ll likely only receive $75,000 from them because you’re 25 percent at fault.
Not every state is a fault state, however. States like Michigan and Kentucky are no-fault states. That means that no matter who is at fault, each driver must file a claim through their own insurance company only.
So how does fault apply if you get into a truck accident with an out-of-state driver?
What matters is where the accident occurs, not where the drivers are from. For example, if you get into an accident in Indiana with a semi truck from Kentucky, then Indiana’s fault rules still apply.
That’s good news for you. If you’re not at fault for your Indiana truck accident, you can seek compensation from the other driver’s insurance company.
What If I’m Hit by a Truck While I’m Driving Out of State?
We often specify that Indiana is a fault state because car accident laws vary from state to state. However, truck accident laws are less varied. While there may be some differences from state to state, many states simply adhere to the federal trucking regulations. That means that if you’re a Hoosier, for example, you should still be able to hire an Indiana truck accident attorney even if your accident was in another state.
If you’re in a truck accident through no fault of your own in another state, Hensley Legal Group may still be able to help.
Help from an Indiana Truck Accident Lawyer
It’s difficult to deal with the aftermath of a truck accident on your own. It can be even more difficult if the truck that hit you is from out of state. That’s where we come in. Call Hensley Legal Group today or contact us online for a free consultation. We’ll handle the insurance company so you can focus on what’s important: getting back on your feet after your truck accident.