Indianapolis Truck Accident Attorney

Large trucks and other commercial vehicles pose a significant risk to all travelers on Indianapolis’s roads. Despite their obvious utility in moving cargo from one location to another, the massive size of these vehicles makes them slow to stop in an emergency and unable to see smaller vehicles in close proximity.

The resulting injuries that can result from a collision with a commercial vehicle have the potential to devastate every part of your life. Naturally, this may include physical injuries. Additionally, a crash can impact your ability to earn a living, enjoy time with loved ones, or even live a life free from pain.

If you were injured in a collision involving a big rig or tractor-trailer, an Indianapolis truck accident attorney may be able to help you. A skilled personal injury lawyer from our firm can explain the laws that govern safe truck operations and demonstrate how a trucker’s failure to follow those rules led to your injuries.

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Indianapolis Truck Drivers Have a Duty to Not Harm Others

All drivers on Indianapolis’s roads assume a duty to protect other people. This includes the universal duties of obeying speed limits, stopping at red lights, yielding when required, and refraining from texting while driving.

However, additional rules govern the safe operation of tractor-trailers and other large commercial trucks. One of the most common violations that can result in accidents is the restrictions on a truck driver’s drive times. According to regulations from the Federal Motor Carrier Safety Administration, truckers cannot be on the road for more than 11 hours after ten hours of rest.

Additionally, truckers cannot drive more than 60 hours in seven consecutive days. Violations of this law can lead to fatigue, which reduces reaction times and makes accidents more likely. An Indianapolis truck accident attorney could investigate the cause of a collision to determine if truck driver negligence was involved.

A Trucking Company May Share Responsibility for Your Accident in Indianapolis

One important but often overlooked in accidents involving trucks is the proper identification of liable parties. A trucker who causes an accident is to blame for the incident. And their insurance company protects the driver from much personal liability.

However, in some situations, a trucking company may share the blame. This is because of the concept of law called respondeat superior. In short, this law states that employers are responsible for the negligent acts of their employees while those employees are performing work duties. As a result, if a trucker was on the clock when a collision occurred, it is likely that their employer is jointly liable. This may not always be true.

Many truckers are independent contractors who own their own vehicles. In these situations, that trucker and their insurance company are the sole potential defendants.

It is essential to be able to make this determination quickly. Indiana Code § 34-11-2-4 says that there is a strict two-year time limit on claims for compensation following truck accidents. A knowledgeable Indianapolis truck accident lawyer could help to identify all possible defendants and file insurance claims and lawsuits within the statute of limitations.

Source: https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/

Our Indianapolis Truck Collision Attorneys Will Consider All Liable Parties When Building Your Case

Have you been injured or lost a loved one in a semi-truck accident? Bad truck accidents can be traumatic and destructive, leaving you with severe injuries that could take a lifetime to recover from. You may never be able to return to the life you had previously, but if you contact an Indiana semi-truck accident lawyer, you can seek justice and compensation for your losses.

Our Indiana truck accident lawyers team has helped many truck accident victims recover compensation through personal injury claims. We understand how difficult this process is and how grueling the recovery can be. We’re here to support you as you seek justice for what you’ve suffered and work toward a settlement that can help restore parts of your life.

The Most Common Causes of Trucking Accidents in Indiana

Large truck accidents injure and kill thousands of people in the United States each year. Because tractor-trailers are so much bigger and heavier than passenger vehicles, the damage they cause when they’re involved in crashes can be huge. Knowing what the most common causes of truck accidents are in Indiana could encourage motorists to drive more safely when commercial trucks are nearby.

Source: in gov site, p53

The most common cause of truck collisions in Indiana is truck driver error. This covers a range of actions, including:

Fatigued driving

Drunk or drugged driving

Speeding or reckless driving

Distracted driving

Lack of experience or qualification as a truck driver

Failing to compensate for adverse road conditions

Failing to check blind spots

Attempting a dangerous turn or maneuver

Lack of truck maintenance or inspection that leads to malfunction of brakes, tires, lights, windshield wipers, or other parts that may lead to an accident

Improperly loaded cargo that shifts or may even fall off of open truck beds

Faulty parts such as defective brakes or tires that malfunction and lead to a crash

Adverse road or weather conditions such as potholes, missing dividers, road construction debris, inadequate signage, rain, sleet, or snow can lead to a crash.

Knowing the cause of a truck accident can contribute to safer driving in the future, but it’s also crucial for helping determine liability in a personal injury case. Your seasoned truck accident attorney needs to know what caused the accident so they can name the liable parties in your claim and increase the chances you’ll receive compensation for your injuries.

Truck Accident Statistics in Indiana

Source: https://www.in.gov/cji/research/files/TS-2020-Crash-Fact-Book_IU-PPI.pdf , p 9

Truck accidents happen all the time in Indiana, and they can be fatal. Learn more about where, when, and how truck accidents occur so you know what you’re up against:

• Of all vehicles involved in Indiana collisions in one year, 3.6% were large trucks speeding. That means there were nearly 11 collisions with speeding trucks every week.
• Of the large trucks involved in speeding accidents in Indiana in one year, 19% resulted in injury.
• 10.4% of all fatal collisions involve large trucks.
• 97% of fatal collisions with commercial vehicles involve large trucks.
• 88% of large trucks involved in fatal collisions were in a multi-vehicle crash.
• The highest number of deaths in truck crashes occur on major roads, not interstates and freeways.
• Tuesday, Wednesday, and Thursday are the three days of the week with the most large truck collisions.

What You Should Do Immediately After a Truck Accident in Indianapolis

In the moments after you’ve been in a truck collision, you may feel bewildered and disconcerted, and not know what to do. If you’re badly injured, you should call an ambulance as soon as possible if you’re able, or get someone else to do it for you.

After seeking medical attention for yourself or anyone else who was hurt in the crash, you should take these steps after the truck accident:

1. Do not leave the accident scene. Wait until emergency personnel and the police arrive. If you leave before they get there, you could end up facing criminal charges. A police officer can evaluate the collision and create a police report, which will include names of the people involved and details about the accident.
2. Collect evidence. If you are well enough, try to take photos of the vehicles involved in the crash, especially your own. Also take photos of your injuries if you can.

Call a truck accident attorney in Indy. After you’ve seen to your medical needs and feel healthy enough, book a consultation with a lawyer with experience handling Indiana truck accident cases. They can help you understand what your next steps are and start the process of filing a personal injury claim for you.

Our Indianapolis Truck Accident Lawyers Will Prove Who Was at Fault

In truck accidents, multiple parties can be at fault. Our job is to prove that your injuries were a direct result of negligent actions of one or more of the other parties involved in the crash. Proving another party (the defendant) was liable is crucial for getting you compensation.

Determining fault in truck accidents is a big task because these collisions tend to be more complex or involve more than two parties. The responsibility for the accident could lie with:

• The truck driver
• The truck manufacturer
• The trucking company that employs the driver
• The owner of the truck
• The shipping company that loaded the cargo
• Any third-party contractors involved with the maintenance, loading, inspection, or leasing of the truck
• A municipality responsible for road upkeep

As you can see, there are several parties to consider and many details to investigate to determine who the fault for the accident belongs with. We collect evidence, track down the liable parties, go through documentation like inspection and maintenance records, and hire experts to provide expert testimony when working to prove the responsible parties are at fault.

How Are Truck Accidents More Severe and Damaging than Car Accidents

The aftermath of a truck accident tends to be more complicated than that of a regular motor vehicle accident. Typically, the damage and the injuries sustained are much more severe. The major differences between truck accidents and car accidents are:

• Larger and more insurance policies: Trucking companies usually have higher insurance policies to account for the damage they can cause. If there were multiple vehicles involved in the crash, you’ll have to deal with multiple insurance carriers as well.

• Severe injuries: Tractor-trailers can weigh up to 80,000 pounds, whereas passenger vehicles weigh between 3,000 and 4,000 pounds. Brain or head injuries, fractured bones, severe burns, spinal cord injuries, injuries that cause permanent disabilities, and fatalities are more typical of truck accidents.

• More medical bills: More severe injuries result in higher medical bills. You may need one or more surgeries as well as months of physical or occupational therapy to recover — all of which adds up.

• Property damage: The damage to vehicles and tractor-trailers involved in truck collisions can be extensive, costing thousands of dollars for repairs, or even totalling the vehicle.
• Strict trucking regulations: Commercial vehicles are more heavily regulated than regular passenger vehicles. The Federal Motor Carrier Safety Administration (FMCSA) has rules about truck driver training, keeping logbooks, inspections, and more.

You will most likely be in over your head if you try to handle your truck accident claim on your own. There are simply too many factors to consider and too many entities involved for one person to deal with. When you work with our Indianapolis truck collision legal team, you can rely on our experience handling these kinds of accidents.

What Are Indiana’s Commercial Trucking Laws?

Commercial trucks that operate in Indiana must follow state and federal laws that regulate commercial transport. These trucking laws address the size and weight of tractor-trailers, shift limits for drivers, speed limits, lane restrictions, and other important details that help keep all vehicles safe on the road.

Speed Limits and Lane Restrictions

In Indiana, trucks must drive 65 mph on the interstate, whereas passenger cars can drive 70 mph. Commercial trucks must also stay in the right lane when traveling on interstate highways in Indiana, except to pass another vehicle, enter or exit the highway, or avoid a road hazard. On three-lane highways, large trucks can use the two far-right lanes.

Driver Qualifications

In order to drive a large commercial truck, drivers need a Commercial Driver’s License (CDL). To get a CDL, a driver must:

• Have a Commercial Learner’s Permit (CLP) for at least 14 days
• Complete entry-level driver training
• Pass a basic controls test
• Pass a vehicle inspection test
• Pass a road test
• Submit to a driving records inspection that covers the previous 10 years
• Submit to a background check from the company that employs them

Driving Shift Limits

Fatigued driving is a big issue for truck drivers, so there are laws in place to regulate how often and for how long drivers can operate a commercial truck.

• Drivers can only operate a truck for a maximum of 11 hours after being off duty for ten consecutive hours.
• Drivers may not drive any more after the 14th consecutive hour on duty, if it follows an off-duty period of 10 consecutive hours.
• Drivers must take a 30-minute break when they have driven for a period of eight cumulative hours without at least a 30-minute interruption.
• Drivers cannot drive after 60 hours on duty in seven consecutive days or 70 hours on duty in eight consecutive days. A seven- or eight-day period starts after the driver takes 34 or more consecutive hours off-duty.

Truck Size Requirements

A commercial truck can weigh no more than 80,000 pounds, including the wheels, single axle, tandem axle, and tri-axle. Trucks must also fit within height, width, and length restrictions.

What Our Indianapolis Truck Accident Attorneys Can Do for You

After you’ve been in a bad truck accident, you deserve an advocate who will go over your case thoroughly and fight for your right to seek compensation for your injuries. We handle each truck accident case with extreme attention to detail, working as much as we can for a favorable outcome for our clients.

What You Can Expect When You Work with Our Law Firm

• We meet with you to discuss your version of what happened and provide you with an initial assessment. We can estimate the value of your case and what kind of settlement would be best for you.
• We investigate your case by examining the scene of the crash and interviewing witnesses. We also look at records pertaining to truck maintenance, truck driver training, the truck’s black box (which records how the truck was being operated at the time of the crash), and other relevant records.
• We gather evidence for your case, including photos taken by you or security footage from a nearby establishment if there was one, pictures of the crash site, records from medical professionals and police, and cellphone records of the truck drivers or other parties.
• We hire experts who can testify as expert witnesses and help us reconstruct the scene of the crash. We also call on other experts who can assess the extent of your injuries or project how much recovery you’ll require.
• We negotiate with all insurance companies involved to reach a fair settlement for you. We’re familiar with the tactics that trucking companies’ insurance carriers use to avoid paying you a reasonable amount and we’re willing to go to court if they refuse to make a fair offer.
• We prepare your case for trial if going to court ends up being the best option for you. We stand by your side at every stage to file the right paperwork, oversee discovery, represent you in front of a judge or jury, and file an appeal if needed.

The Damages You Can Recover in a Commercial Vehicle Accident Case

When you’ve suffered serious injuries from a truck accident, your focus is most likely on recovery. You may also wonder, however, how you’re going to pay your mounting medical bills, or for the repairs to your vehicle. You could be entitled to monetary compensation for the damages you’ve suffered, which can help you cover some of the expenses you’ve already incurred and pay for future costs you may have.

The typical damages you can recover from a truck accident case in Indiana are:

Medical bills for treatment, emergency room visits, doctor’s visits, or therapy

Lost wages or benefits if you’ve missed work

Reduced earning potential if you’re unable to work indefinitely

Repairs to your vehicle or vehicle replacement

Pain and suffering

Mental anguish or emotional distress

Loss of companionship

Loss of enjoyment of life

Other accident-related expenses

Our truck accident attorneys can calculate what damages you may be entitled to recover by looking at your medical bills, pay stubs, and other documentation related to your accident. Our goal is getting you a reasonable settlement that covers these damages and helps you reclaim some of what you’ve lost in the accident.

Filing a Wrongful Death Claim for a Truck Accident in Indiana

If you’ve lost a loved one in a tragic truck accident in Indiana, you may be able to file a wrongful death lawsuit. Nothing can make up for your loss, but you may be eligible to seek justice and compensation to help pay for end-of-life expenses. You could also prevent the negligent party from causing further deaths in the future.

Our wrongful death attorneys may be able to file a lawsuit if the death was caused by a wrongful act or omission of another party. As the deceased’s personal representative, you can argue that this other party was negligent and seek compensation since the deceased can no longer do so.

Contact an Indianapolis Truck Accident Attorney Today to Discuss Your Legal Options

Suffering injuries in a truck accident can place you in a difficult position. Of course, you need to make your best recovery and try to get your life back to normal. Sadly, the need to attend medical appointments, loss of quality of life, and an inability to get back to work may make this impossible. Thankfully, the law says you have the right to seek compensation for all your medical expenses and other losses from negligent truck drivers, their insurance companies, and their employers. However, collecting these payments can be a fight in and of itself.

If you or someone you love suffered injuries in a truck accident, contact an experienced truck accident lawyer from Yosha Law to discuss your case and legal options. We look forward to representing you against the commercial trucking company.

Indianapolis, Indiana Truck Accident Lawsuit FAQs