Commercial trucks share our roadways and are frequently present on major thoroughfares like I-469 and the Lincoln Highway in Fort Wayne, Indiana. Although truck drivers often practice extreme caution, the massive size and weight of their vehicles can prove devastating in an accident.Â
A truck accident can prove to be a life-altering trauma that leaves you with massive costs and a long road to recovery. Even a minor collision can cause property damage and severe injury.Â
Although you can file a personal injury claim on your own, battling with the multiple trucking insurance companies who may hold liability is complex and can feel fruitless. You shouldn’t have to carry this burden alone. A truck accident lawyer in Fort Wayne can help you to navigate the legal process and fight insurance giants on your behalf.
Yosha Law understands your pain and suffering, can advise you on the merits of your case, and will tirelessly battle to help you receive the just compensation you deserve so that you can focus on healing.
Contact Yosha Law for a free case evaluation today.Â
What you need to know about truck accidents
12.3% of truck accidents in Indiana result in fatalities, which is higher than the national average of 10%. This is often due to the enormous size and weight of commercial trucks as compared to other vehicles on the road.
Here are some other important statistics about commercial trucks and truck accidents that you should know:
- It can take a commercial truck 40% longer to stop than the average sedan.
- Commercial trucks weigh between 10,000 and 85,000 pounds.
- Commercial truck drivers spend 300 billion annual miles on U.S. roads.
- An average of 140 people are injured in Indiana truck accidents every month.
- A commercial truck weighs 5xs more than an average compact car, 4xs an average sedan, and 3xs an average SUV.
- Toxic or hazardous cargo can add to the significant impact of a truck accident.
- Indiana is the 7th most dangerous state for truck accidents.
Why a truck accident in Fort Wayne can cause severe injuriesÂ
If a truck spins out of control, cargo spills on the road behind a truck, a driver fails to see smaller vehicles in their blindspots, a smaller vehicle gets wedged underneath a truck, or the weight of a commercial truck crushes a smaller vehicle in a collision, severe injuries can occur.
Even minor fender benders with commercial trucks can total smaller vehicles and cause long-lasting or permanent injury. A Yosha Law truck accident lawyer in Fort Wayne can gather documentation of your medical diagnosis and treatment for your injuries, and help you to determine the types of personal injury to include in your claim.Â
How a truck accident lawyer can help
Truck accident cases involve many complexities, and even in the insurance claim process, you may be dealing with multiple insurers. Insurance companies have teams of experienced lawyers who work to deny or lowball your insurance claim.
A Yosha Law truck accident lawyer in Fort Wayne will battle the insurance companies on your behalf and has a 98% success rate in beating an insurer’s final offer.Â
Although you can file an insurance claim and a lawsuit on your own, a personal injury lawyer with a successful track record in truck accident cases can help you navigate the legal process, determine liability, and build a strong case to help you find the justice you deserve.
A lawyer can also help you determine whether or not to accept an insurance company’s offer. It’s important to remember that while it may be tempting to accept a quick, lump sum payment, once you’ve done so, you won’t have further legal recourse to future compensation for the expenses you may still incur.
Yosha Law has access to resources that you may not, including forensic experts and legal knowledge to help strengthen your claim and prove multiple party liability. We can support you on the road to justice and allow you to focus on your recovery while we handle your case.
We can work alongside you and allow you to focus on your healing while we take care of the legal process.Â
Liability in a Fort Wayne Truck Accident Case
One of the most complicated aspects of a truck accident case, proving liability is a crucial component to receiving just compensation. A truck accident lawyer in Fort Wayne will thoroughly investigate your accident and look at the type and cause of your accident, gather vital evidence to assess liability and determine which parties are at fault. Â
Types of truck accidentsÂ
The type of truck accident that caused your injuries may help your attorney to discern who might be held liable. Here are some of the most common types of truck accidents we see in our clients’ cases:
- Blindspot Accidents
- Head-on Collisions
- Jackknife Accidents
- Rollovers
- T-bone Collisions
- Underride (when another vehicle becomes lodged under a truck’s trailer)
- Wide Turns
Common causes of truck accidents
Many truck accidents can be attributed to driver error. However, in some cases, the causes aren’t cut and dry. The most common causes of truck accidents that result in a personal injury case include:
- Cargo spill
- Driver inexperience
- Driver lack of sleep
- Excessive weight
- Excessive road time
- Faulty brakes and other truck parts
- Failure to maintain safety regulations and regular maintenance
- Failure to yield
- Ignored manufacturer recalls
- Improper cargo loading
- Improper driver training
- Inclement weather
- Speeding
- Tire blowouts
How to determine liability in a truck accident case
A truck accident lawyer in Fort Wayne will examine specific evidence to determine which parties are liable in your case. This evidence may include (but isn’t limited to):Â
- Black Box/ EDR (Event Data Recorder): Similar to an airplane’s data recorder, a truck’s black box records driving irregularities, operator’s drive-time decisions, and other pertinent data
- Trucker’s Driving Record and Employment History
- Trucker’s Drive Log
- Trucking Company’s Safety and Employment Records
- Cargo Company’s Safety Records
- Manufacturer’s Recall History and Safety Records
- Truck’s Maintenance Records
Liable parties in a truck accident
Your Fort Wayne truck accident may be the sole responsibility of the truck driver, but could also result in the liability of multiple parties. An attorney can help to prove negligence and determine the at-fault parties, which may result in the following being named in your complaint:
- Cargo company:Â
A cargo spill that results in a truck accident may occur due to improper loading or containment. This could result in a cargo company’s full or partial liability for your accident. Â
- Manufacturer:Â
If a truck or truck parts recall is issued due to faulty production, a truck manufacturer may be found liable in your accident. For example, if faulty brakes were installed in the truck and directly or indirectly caused your accident, the manufacturer could hold partial or full legal responsibility.
- Truck Driver:Â
A trucker who causes an accident while driving a commercial vehicle off the clock may be found liable for your accident. Similarly, if a truck driver violates traffic laws, they could be fully liable for the collision. However, if a driver follows traffic laws and the accident occurs on the clock, their employer may be fully responsible. Â
- Trucking company (Employer):Â
Trucking companies are required to adhere to driving time, safety, training, and maintenance regulations, and could owe you compensation if the violation of these regulations led to your accident.
What you can expect during a truck accident claim
Although the unique circumstances of your case can require additional steps, you can still expect your truck accident claim to follow these general steps:
- File a police report
- Seek immediate medical attention in order to treat and document your injuries
- Contact your insurance company to begin the claims process
- Consult an attorney to determine your next legal steps
- Hire a truck accident lawyer in Fort Wayne to negotiate with the insurance companies
- Choose to accept or reject an insurance claims offer
- Your lawyer will conduct a thorough investigation, collect evidence, and interview forensic experts and eyewitnesses to strengthen your caseÂ
- If a settlement agreement cannot be reached, your lawyer will fight for you in court
- A personal injury trial might take a day to several days to several months
Compensatory damages after a Fort Wayne truck accident Â
The compensation you might receive after a Fort Wayne truck accident falls under three categories: Economic (or special) damages, Non-Economic (or general) damages, and Punitive Damages.Â
Although monetary compensation cannot make up for all that you’ve suffered, it may help to alleviate your financial burdens and allow you to focus on healing. Let’s take a look at the types of damages and what claims they represent.
Economic Damages
Economic damages represent the set monetary losses you’ve incurred as a result of your truck accident. Bills and documented costs are covered under economic damages. Some examples include:
- Assisted living costs
- Home healthcare costs
- Lost wages (including bonuses and tips)
- Medical expenses (including all doctor’s appointments, hospital stays, prescriptions, surgeries, and all accident-related treatment)
- Repair or Replacement costs (if your vehicle was damaged or needs to be replaced)
- Transportation costs (any public transportation, vehicle rental, and rideshare costs)
Non-Economic Damages
Non-economic damages represent the immeasurable losses you’ve suffered as a result of your collision. For example, the pain and suffering you’ve experienced might not have a set monetary value, but still deserves compensation.Â
Non-economic damages might include:
- Catastrophic Injury
- Chronic Pain
- Disfigurement
- Emotional Trauma
- Loss of Consortium (the ability to enjoy companionship and intimacy)
- Loss of Limb
- Paralysis
- Spinal Injuries
- Third-Degree Burns
- Traumatic Brain Injury (TBI)
- Wrongful Death
Punitive Damages
Your truck accident lawyer may advise you to seek punitive damages if the defendant (s) in your case have exhibited gross negligence. However, these damages are more often handed down by a judge or jury to punish and make an example of a defendant to deter others from the same behavior.
For example, if a trucking company employed a driver without a required commercial driver’s license, failed to maintain safety standards, and allowed a truck driver to exceed federal driving time regulations, the company may have to pay punitive damages in your case.
75% of a punitive damages award is allocated to the Indiana Violent Crimes Victim Compensation Fund and the remaining 25% goes to the plaintiff.
Indiana Laws that could impact your claim
If you choose to proceed with a personal injury lawsuit after your truck accident, it’s important to understand the Indiana laws that could impact your claim. Insurance companies may try to use these laws to poke holes in your case and lowball their settlement offers.
A truck accident lawyer in Fort Wayne will help you understand the direct or indirect influence these laws can have on your case.
Comparative Fault
Comparative fault laws (also known as modified comparative negligence) may impact your truck accident case and the amount of compensation you might receive. A truck accident lawyer in Fort Wayne can help to prove that you hold no responsibility for your collision, and will be prepared for insurance companies that want to lay the blame solely on you.
Indiana Code § 34-51-2-5 defines comparative fault in the following ways:
- If you are liable for 50% or more of your accident, you do not have a legal claim to compensation.
- If you are less than 50% at fault for your accident, but over 0% responsible, the amount of your compensation may decrease to reflect your partial liability.
Statute of Limitations
The Indiana statute of limitations § 34-11-2-4 mandates that all personal injury claims are filed within two years of the date of an accident. This statute allows you ample time to determine your legal steps and to build your case.
However, this time period may be extended if you were a minor or mentally incapacitated at the time of your accident.
Trucking Regulations
Federal trucking regulations are in place to protect truck drivers and all other vehicles on the road. Under federal law, a truck driver can log no more than 11 hours of non-stop driving time after 10 straight hours of off-duty time.
On the state level, Indiana Code §9-20-4-1 mandates that a commercial truck follow strict weight regulations. Any violation of this code can result in legal consequences.
How Yosha Law can help
A Yosha Law truck accident lawyer is dedicated to finding justice for the underdog in the battle against giant insurance companies. For over 60 years, we’ve successfully fought against insurance giants like Geico, Progressive, and State Farm to help our clients receive the justice they deserve.Â
Our clients aren’t just case numbers — we care deeply about their personal stories and their loved ones, and they become members of our extended family. Your unique trauma and the pain and suffering you’ve endured is important to us, and our obligation-free consultation can help to answer your questions and help you to determine your next step.
Although we can’t guarantee a successful outcome to your case, we’ve recovered hundreds of millions in compensatory settlements for our many satisfied clients, including a million dollar settlement for a client who was hit by a dump truck.
You don’t have to walk this path alone. Let Yosha Law help you to find the justice you deserve today.Â
Truck Accident FAQ
What will a truck accident lawyer cost me?
We don’t want you to have to worry about explosive or unaffordable legal fees on top of the expenses you’ve incurred as a result of your truck accident. That’s why Yosha Law only works on a contingency basis–this means we don’t get paid unless you get paid. We’re paid a percentage of your successful verdict, but will not charge you for our services until a successful outcome is reached in your case.
What information do I need after a truck accident?
It’s important to follow standard procedure after a truck accident by exchanging contact and insurance information with the truck driver, filing a police report, and seeking medical attention. However, you’ll also need to record the name of the trucking company that employs the driver and cargo company that loaded the truck’s haul.
If your injuries don’t prevent you from doing so, document the accident with photos and video and hold onto bloody clothing or personal property damaged inside of your vehicle.
