We’ll Defend Your Rights as Your 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 lawyer may be able to help you. A skilled personal injury attorney could explain the laws that govern safe truck operations and demonstrate how a trucker’s failure to follow those rules led to your injuries. It is also worth noting the rise in truck collisions and fatality rates rising in Indiana between 2019 and 2020 despite the reduced traffic on the roads due to COVID-19. Research shows the reason why the fatality rates rose was primarily caused by truck driver negligence.

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 that reduces reaction times and makes accidents more likely. An Indianapolis truck accident attorney could investigate the cause of a collision to determine how a truck driver failed in their obligation to protect others.

Causes of a Truck Collision

There is no doubt that truck crashes have the potential to result in serious injuries. A simple lapse in judgment or moment of inattentiveness behind the wheel may lead to accidents that devastate the lives of others. Examples can include:

• Rear-endings
• Sideswipes
• Blind spot collisions
• Jackknifes
• Rollovers

Each of these scenarios places other travelers at risk of severe harm. However, injured individuals are only able to collect compensation for their losses if they can prove that a trucker was responsible for the crash. One primary role that an Indianapolis truck accident attorney could play is in proving this concept.

It is important to begin the process of proving fault as soon as the accident occurs. If people are able, they should collect evidence from the scene of the crash. This may include pictures and video of the scene. They should also talk with any witnesses who observed the collision and obtain their contact information. Finally, calling the police will result in people receiving all necessary medical care as well as result in the creation of a report that offers a non-biased perspective on the incident.

However, this evidence may not be sufficient to prove that a trucker caused a collision. An Indianapolis truck accident lawyer could work with accident reconstruction specialists to demonstrate that a trucker was to blame for the accident. This information may combine with the observations of others to leave no doubt that a truck driver caused the incident that led to injuries.

Source: in gov site, p53

Sharing Responsibility for a Crash

This is especially important when considering that the state uses the concept called modified comparative negligence to assign fault for accidents. According to Indiana Code § 34-51-2-6, courts must evaluate the actions of all parties involved in an accident and assign blame accordingly. Truckers may attempt to argue that it was an injured person’s violation of the rules of the road or inattentiveness that contributed to the accident.

If a court believes this argument, it must reduce an injured person’s compensation by their percentage of the blame. If this percentage rises to 51 percent, the court must dismiss the demand for compensation. A lawyer could take the lead in demonstrating that a truck driver’s poor choices were the sole cause of the collision.

A Trucking Company May Share Responsibility

One important but often overlooked aspect of a truck accident case 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://www.in.gov/cji/research/files/TS-2020-Crash-Fact-Book_IU-PPI.pdf , p 9

Potential Forms of Compensation Following a Truck Accident

The law says that an at-fault party must provide full compensation to all people who suffer harm because of their actions. The fact that an injury was the result of an accident is no exception to this rule because truck drivers have an obligation to keep all other people safe from harm while behind the wheel. This is because all truck drivers assume a duty to protect others while on the road.

As a result, a vital part of any truck accident case is evaluating how the incident has impacted a victim’s life. Unfortunately, these incidents tend to be more severe and require extensive physical rehabilitation, hospitalization, and even surgery. No matter the extent of a person’s physical injuries, the liable driver, company, and insurance provider must pay for the costs of all connected medical care.

However, an accident can impact a person’s life emotionally and financially as well. These events are traumatic and can damage a person’s emotional wellbeing as well as their physical health. These are experiences that damage a person’s quality of life and justify significant compensation. Additionally, many people involved in truck crashes experience flashbacks, nightmares, or other forms of PTSD. It is necessary to explain how the event has changed a person’s life. An Indianapolis truck collision attorney could take the lead in this process.

Finally, a comprehensive claim may demand payments for economic losses. These typically include property damage to one’s vehicle and lost income due to missing time at work. An attorney could assist parties to determine how their finances have suffered due to a truck driver’s negligence and to demand appropriate compensation for all their losses.

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

 

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 team has helped many people file personal injury claims for truck accidents. 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

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.
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
Driver error isn’t the only cause of truck accidents, however. A crash could also be due to:
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 semi-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.

What You Should Do Immediately After a Truck Accident

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

Our 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.

Truck Accidents vs 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 legal team, you can rely on our experience handling these kinds of accidents.

The Most Common Types of Truck Accidents in Indiana

Blind-spot collisions

When a passenger vehicle stays in a truck’s blind spot, it reduces visibility of the vehicle for the truck driver, and can lead to a collision. Always attempt to stay out of a truck’s blindspot when you’re driving near one because if you don’t, the consequences could be fatal.

Jackknife accidents

A truck driver may lose control and cause the truck to skid and fold at the connection between the cab and the trailer. Jackknife accidents can be very dangerous because they could result in the truck colliding with several lanes of traffic.

Undercarriage accidents

When a truck brakes suddenly, a smaller vehicle behind it might not stop in time and cause the smaller vehicle to slide underneath the truck. These accidents are very dangerous and usually lead to severe injury or death.

Rollover

In a rollover accident, a tractor-trailer rolls onto its side, usually from taking a turn or curve too fast. Adverse weather conditions can also cause a truck driver to lose control and roll over. Nearby vehicles are at risk of being crushed.

Rear-end collisions

If a truck driver has to brake suddenly and doesn’t have enough space between the truck and car in front of it, it could cause the truck to rear-end a smaller car. This type of rear-end collision can be fatal.

Lost cargo accident

A trailer might have improperly loaded cargo that shifts around during transport. If a truck has an open trailer bed, the cargo can slide off and hit other vehicles at high speeds, or create dangerous obstacles on the road.

Semi-Truck Accidents by the Numbers

• 97% of fatal collisions with commercial vehicles involve large trucks.
• 88% of large trucks involved in fatal collisions were in a multi-vehicle crash.
• 10.4% of all fatal collisions involve large trucks.
• Tuesday, Wednesday, and Thursday are the most dangerous days of the week for large truck collisions.
• 48% of large truck crash deaths happen between 6:00 a.m. and 3:00 p.m.
• The highest number of deaths in truck crashes don’t occur on interstates and freeways, but on other major roads.
• The highest number of large truck collisions happen in June.
• In 2020, there were 4,444 fatal crashes involving large trucks in the U.S.
• There were 310,000 property-damage-only crashes involving large trucks in 2020.

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 Truck Accident Lawyers 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 Us

• 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 from a Truck Accident Personal Injury 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 the one you’ve lost, but you could get compensation to help pay for end-of-life expenses and find a sense of justice. 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.

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Indiana Truck Accident Lawsuits: FAQs

How do I know if I have a case?

Unless you have experience as a personal injury lawyer and dealing with truck accidents, you most likely won’t know if you have a case until you talk to an attorney. Our semi-truck accident lawyers provide free consultations so you can speak with us about your situation and we’ll be able to provide you with an initial assessment and let you know if pursuing a claim is a good idea for you.

How much will my truck accident settlement be?

It’s hard to say what any given semi-truck accident case in Indiana is worth, since each case differs significantly. Generally, more severe injuries tend to result in higher settlements. There are several factors to consider when determining the amount of your settlement, including:

• Your losses
• The extent of your injuries
• Your lost earnings
• Your age, earning potential, and family situation
• The amount of insurance coverage available
• Whether a death occurred
• The jurisdiction where the claim is filed
• The judge and jury if there is a trial

For a truck accident case, you may receive a settlement or court-ordered award, if the case goes to trial. A settlement consists of compensatory damages, which cover any losses you’ve suffered, and may also include punitive damages, which punish negligent parties and attempt to deter them from doing the same thing in the future.

What does a truck accident attorney cost?

Our tractor-trailer accident attorneys work on contingency, meaning the payment is a percentage of whatever your final settlement or award is. Since settlement amounts vary greatly from case to case, there’s no average cost for a truck accident attorney.

Can a truck driver be a victim of negligence?

Semi-truck drivers may cause accidents in some situations, but they can also be victims of another party’s negligence. Road hazards, other drivers who are distracted or driving recklessly, fatigue from working long hours, pressure from employers to make deliveries faster, or a vehicle malfunction can all contribute to an accident where the truck driver isn’t at fault.

If you’re a truck driver who was injured in a recent accident, our legal team can determine what the cause of the accident really was and if you can receive compensation for your damages.

How long do I have to file my case?

In Indiana, the statute of limitations for personal injury cases is two years. If your truck accident occurred more than two years ago, you may not be able to file a claim or be eligible to receive compensation for your damages.

We understand that you want to focus on recovery and getting your life as closely back to normal as you can after an accident. This process takes time, and can even be lifelong, however. You shouldn’t wait too long to see an attorney about your claim since there is a time limit for your case.

Can I receive any money if I’m partly at fault for the accident?

Yes, you can recover some damages even if you are partly at fault for a semi-truck accident. The principle of modified comparative negligence applies in these situations. If you are 20 percent at fault, you can recover 80 percent from the defendant who caused your losses. Also, it’s highly likely that you can recover workers’ compensation money as a truck driver involved in a crash, regardless of who is at fault.

Many people believe that if they are partly to blame for an accident that they shouldn’t bother with seeing an attorney. Even if you aren’t sure that you’re to blame for the crash, you should still see an attorney. They can investigate the accident for you and determine who was at fault and how much.

Do I have to go to trial to get a fair settlement?

No, you don’t have to go to trial to get what your case is worth. Most of the time, personal injury cases are settled before going to court. In truck accident cases, the injuries are usually severe, which translates to a higher settlement amount.

The insurance companies for the trucking agency may push back hard to avoid paying out a large settlement, and your attorney may have to set a court date to show that you’re ready and willing to go to trial. Once they see that, they tend to back down and make more reasonable offers.

Do I need a lawyer to file a personal injury claim?

Legally, you can file a personal injury claim for a truck accident without hiring an attorney. Practically, however, it’s a bad idea. Personal injury claims are complicated enough when they involve two parties driving passenger vehicles. The complexity of a truck accident that may involve multiple vehicles — meaning multiple insurance companies and legal teams to deal with — is enormous. It’s too much for someone without legal training to take on alone.

Our semi-truck accident attorneys have the experience needed to deal with trucking companies, insurance carriers, and other parties’ lawyers in a way that benefits you and increases the chances you’ll get a fair settlement. When you hire our legal team for your case, we will ensure you won’t get taken advantage of.

Our Indiana truck accident attorneys will seek justice for you

After you’ve experienced a devastating truck accident, or lost a loved one in a truck accident, you need the support of a strong advocate. You need someone who will defend your rights, work tirelessly to get you justice, and patiently explain every part of the process to you.

At Yosha Law Firm, we stand by you from day one, all the way until your case is over. We remain in constant communication with you to provide updates on your case and make ourselves available to answer your questions. We investigate your accident thoroughly to ensure we don’t miss a single detail, and we prepare every case for the possibility that it will go to court.

We do everything in our power to get justice for you, so that you can recover some portion of what you lost.

You hear about 18-wheeler accidents on Indiana’s highways, but you never imagine one could happen to you or a loved one. But when it does, the consequences can be devastating.

Semi-truck accidents often lead to traumatic or fatal injuries. If you’re dealing with the aftermath of a truck accident, one of the best things you can do to get justice for what you’ve suffered is to hire an Indiana truck accident attorney.

At Yosha Law Firm, our 18-wheeler accident lawyers specialize in truck accidents and have worked on many truck accident cases in the past. We know exactly how to maximize the potential of your case, not only to get you a fair settlement but also to see justice done for your pain, suffering, and loss.

Truck Accident Statistics in Indiana

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 2020, 3.6% were large trucks that were speeding. That means there were nearly 11 collisions with speeding trucks every week.
• Of the large trucks involved in speeding accidents in Indiana in 2020, 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.

Should you take legal action after a truck accident?

Seeing a semi-truck lawyer may not be the first thing you want to think about after an accident. You may think it’s too challenging or not worth the trouble. But if you’re a victim of a truck accident, then we encourage you to contact our team today — even if you think it would be pointless.

You’ll only really know if your case has a chance of succeeding if an experienced attorney has a chance to review it. Our team can meet with you for a free consultation to review your case and determine if legal action is indeed the right choice for you.

Reasons to Contact an Attorney After Your 18-Wheeler Accident

• You or a loved one has catastrophic injuries. Semi-truck accidents are more likely to lead to severe injuries than car accidents. If you have a spinal cord injury, brain injury, laceration, broken bones, soft tissue injuries, or another serious injury, contact our legal team about your case.
• You can focus on recovery. The convalescence after a truck accident can be long and tiresome. While you’re dealing with doctors’ appointments and rehabilitation, your attorney can work on your legal case to get you fair compensation for the expenses you’ve had to pay.
• An attorney can get you a better settlement. You can try to seek compensation on your own, but you probably don’t have a lot of knowledge of personal injury law or experience dealing with insurance companies, trucking companies, and all the parties involved in a truck accident case. The truck company will get their lawyers involved, so it will be more difficult to get a fair settlement on your own.
• An attorney can find the at-fault party. In a big truck accident with multiple parties involved, it may not be immediately clear who is at fault. It could take hours of research, going through paperwork, and interviewing witnesses to find the at-fault party. Let your attorney spend those hours on that work so you don’t have to.

Scheduling a free consultation is risk-free for you. You can ask one of our attorneys about your case, meet our team to see if we’re a good fit for you, and get clear direction on how to move forward.

What are the main causes of 18-wheeler truck accidents?

Generally, truck accidents are caused by driver error. A collision could be due to other factors as well, however. The most common causes of truck accidents are:

• Failure to yield
• Aggressive driving or following too closely
• Speeding
• Truck veering to left of center
• Driver fatigue
• A truck running off the road to the right
• A driver disregarding a signal
• Inclement weather
• Improperly secured and spilled loads
• Inability to see cars in the blind spot
• Poorly maintained roadways

Distracted driving can be dangerous for any driver, but especially for commercial semi drivers.

Types of Truck Accidents

The type of truck accident that you were in can impact several aspects of your case. Some types of accidents result in more damage than others, or they involve more than just two vehicles. The most common types of truck accidents in Indiana are:

• Jackknife: When a truck folds at the junction between the cab and the trailer, it’s called a jackknife. Equipment failure, poor road and weather conditions, or inadequate breaking can cause a truck to go into a jackknife position. A jackknifed truck starts skidding and as the driver loses control, the truck may crash into multiple vehicles across several lanes of traffic.

• Underride collision: An underride collision happens when a truck breaks suddenly and a smaller car right behind the truck slides underneath the trailer. These types of accidents are nearly always catastrophic, possibly fatal. Most trucks have underride guards at the rear bottom of the trailer to prevent an underride collision, but sometimes it’s not forceful enough to stop a car from sliding underneath a trailer.
• Rollover: A semi-truck can roll over when a driver takes a turn too quickly. When a rollover accident occurs, it puts nearby cars and people in danger because the trailer is so heavy and it could crush them.
• Tire blowout: Truck tires blow out often, unfortunately, since trucking companies may fail to repair or replace them adequately. When a tire blows out, it can cause the truck driver to lose control and collide with other vehicles.

• Lost load: A truck can lose its load if it’s not secured properly, which can be dangerous for other cars on the road. When a semi collides with another vehicle, it can also cause the truck to lose its load, making the accident worse.
  

• Rear-end collision: A truck driver may become distracted and run into the vehicle in front of them, or traffic may stop suddenly, causing a collision. If the other vehicle is much smaller than the truck, it can cause serious damage.

• T-bone: A T-bone crash is when one vehicle hits another vehicle’s side. If a semi-truck T-bones a smaller car, it can total the car and severely injure or even kill the car’s occupant.

Whatever type of accident you’ve been in, our truck accident lawyers can go over all the details and let you know how to proceed with a truck accident case.

Truck Accidents vs. Car Accidents

Truck accidents are much more dangerous and usually result in more severe injuries than car accidents. It’s also not uncommon for an accident with an 18-wheeler to involve multiple vehicles, rather than two.

Filing insurance claims and finding who’s at fault is also much more complex for truck accidents than for car accidents. In a car accident, the fault typically lies with one of the drivers who was involved in the crash — although it can sometimes be attributed to external factors.

In semi-truck accidents, the fault could lie with a number of parties, not just the truck driver. It could be the trucking company’s fault for forcing the driver to meet unreasonable deadlines, or letting an inexperienced driver operate their commercial vehicles. It could be the fault of the mechanic that services and repairs the truck, if the accident was caused by equipment failure. If it’s a lost load accident, it could be the shipping company’s fault for not loading correctly.

Each of these parties also have their own insurance carriers and legal teams to deal with accidents as well. You can see how quickly a truck accident case can become complex and overwhelming. Trying to seek compensation by yourself would be a nightmare if you’re unfamiliar with personal injury law and semi-truck accidents.

Our attorneys know how to handle these types of cases. They know what to look for at the scene of the accident and what information to ask for from other parties’ legal teams and insurance companies, and they can explain all of it to you so you understand the process fully.

Are truck drivers always to blame?

Although the cause of a truck accident is often due to driver error, the fault may lie with another party. Equipment failure, lost loads, and other factors outside of the driver’s control may contribute to a collision with other vehicles on the road. In these cases, the trucking company, loading company, or even the mechanic that services the truck could be to blame.

Some truck accidents may also be caused by passenger vehicles that are taking enough precautions when driving near a semi. One small car can cause a multi-vehicle accident. Accidents with 18-wheelers are hardly ever straightforward, so seeking the advice of an experienced attorney is a good idea if you’re considering seeking compensation for injuries, damage, or pain and suffering.

Truck Driving Laws in Indiana

Indiana trucking laws put limits on the size of tractor-trailers as well as mandates how long drivers can operate a commercial truck for. These laws are in place to keep roads safe for 18-wheelers and passenger vehicles.

Truck Size Requirements

A commercial truck’s total weight cannot exceed 80,000 pounds — that includes the weight of the wheels, single axle, tandem axle, and tri-axle. They must also follow certain width, height, and length restrictions to be able to operate on Indiana roadways.

How Truck Drivers Get Licensed

Truck drivers must meet certain requirements before they can operate a commercial vehicle. The steps to getting licensed as a truck driver are:

1. Acquire a commercial learner’s permit.
2. Possess the permit for at least 14 days.
3. Pass a truck inspection test, basic vehicle controls test, and driving test.

Potential truck drivers must also undergo a thorough check of their driving record in all 50 states. Most trucking companies also require background checks on drivers before hiring them and letting them operate a commercial vehicle.

Consecutive Driving Hours

Many truck collisions are caused by driver fatigue, because long-haulers drive long hours in order to meet deadlines. To help clamp down on fatigued driving, the Federal Motor Carrier Safety Administration (FMCSA) has strict rules that drivers must comply with:

• 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.

Hourly restrictions are crucial for maintaining safe driving conditions for both truck drivers and other drivers on the road.

What Our Indiana Lawyers Do for You After a Truck Accident

Our truck accident attorneys have dealt with many cases involving collisions with 18-wheelers, and they have the experience to help get you justice. We work thoroughly and comprehensively on your case, ensuring that no detail is left unscrutinized.

You can expect our legal team to carry out the following services when we’re working on your truck accident case:

• Investigation: We examine the accident from as many angles as possible and gather all the data we can get our hands on. We collect evidence from the scene of the accident, including any camera footage if available. We consult with witnesses, subpoena the trucking company for data about the tractor-trailer involved, ask a mechanical engineer to inspect the vehicles, consult with expert witnesses such as medical professionals, and much more.
• Paperwork and correspondence: Our staff files all legal paperwork needed so you don’t have to. We also receive communication from the other parties and the legal teams on your behalf and advise on how to respond. It’s possible to receive frequent correspondence from your insurance company, court officials, law enforcement, or the opposing attorney, and we can track all those communications for you.
• Legal representation: One of our truck accident attorneys will represent you at all legal proceedings for your case — we’ll never let you attend a hearing alone. If your case ends up in court, we will be prepared to present it to a jury. When we first take on truck accident cases, we always prepare our team for the possibility that the case will go in front of a jury, so that there are no surprises if it does happen.

We’ve had significant success with personal injury and 18-wheeler accident cases, securing multimillion-dollar settlements or verdicts for some of our previous clients.

Evidence in Truck Accident Claims

Gathering evidence for your truck accident case is crucial if you want to seek compensation. As your attorneys, gathering evidence will be one of our primary tasks when working on your case. But you will also need to keep records of everything related to your truck accident if you want your case to be successful.

The types of evidence and information you should gather includes:

• Police report: Whenever a truck accident occurs, even if it’s minor and no one seems to be gravely injured, you should call the police. The officer who arrives at the scene will make an accident report, which you can later access and use in your legal case. The truck accident report from the police includes important information like when and where the accident occurred, conditions of the vehicles at the scene, and the names of the drivers involved.
• Medical attention: You should seek medical attention immediately after your accident, even if it doesn’t appear that you’re seriously injured. Symptoms can manifest later on, and if you want your medical expenses to be covered by your compensation package, it’s better if you get medical attention sooner.
• Medical records and bills: Keep a copy of every medical bill you receive, along with documents related to your medical visits. Always ask healthcare providers that you see for this information and make a copy of it for yourself and your attorney.
• Evidence from the accident scene: If you or no one else is gravely injured from the truck accident, try to gather some information from the scene, such as photos of the vehicles involved, the names of the drivers and any witnesses, and notes about nearby stores or traffic lights which may have cameras.
• Expense receipts: Keep the receipts for any purchase you have to make related to your accident. Medications, hotel stays for out-of-town doctor visits, a rental car while yours being repaired — anything you think might be an accident-related expense should be accounted for.

You can also read our personal injury client checklist to know which documents you should bring with you when you meet with your attorney after a truck accident.

We’ll deal with your insurance company

After you’ve been in a bad truck accident, you may think that your insurance carrier will look out for your interests when you submit a claim. Insurance companies don’t have your wellbeing and justice as their top priority when processing your claim, however. They will also ask you for extensive documentation about the accident, your injuries, and your vehicle.

Our legal team knows how to handle insurance companies and will be able to advise you on how to deal with yours. We can also help you provide all the documents you’ll need to present to your insurance company.

Choose experienced truck accident lawyers

As a victim in a truck accident, you’ve been through enough. We understand that you’re working hard to put the pieces of your life back together, but sometimes, it can be overwhelming. Trying to deal with a legal case on your own will only prolong your recovery.

As your truck accident lawyers, we’ll offer our knowledge, dedication, and empathy. Our attorneys will stand by your side and guide you through this process, ensuring you understand the details and drawing upon years of experience to offer you sound legal guidance.

Call Yosha Law Firm today for a free consultation. We work on contingency, so you won’t have to pay a penny in legal fees upfront — we only get paid if we secure you a settlement or verdict.

We don’t get paid unless you do

After a bad truck accident, you and your loved ones are focused on recovery. You may have medical bills piling up, along with lost wages because you can’t work. You shouldn’t have to forgo legal representation for your personal injury claim because you’re having trouble making ends meet after your accident.

At Yosha Law Firm, we work on contingency. We don’t accept payment from you until you’ve received your settlement or court-ordered award. We don’t require fees upfront and can start working on your case without payment. We’ll handle your case and work diligently to seek the justice you’re owed while you can work on recovering your health.

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 lost quality of life, and an inability to get back to work may make this impossible. Thankfully, the law says that you have the right to demand compensation for all your losses from negligent truck drivers, their insurance companies, and their employers. However, collecting these payments can be a fight in and of itself.

Collecting appropriate payments after a truck accident requires you to show that a truck driver was at fault for the accident. This could necessitate gathering evidence from the scene of the crash, talking with witnesses, and even working with accident reconstruction experts. You will also need to demonstrate how the incident has impacted your life.

Let an Indianapolis truck accident lawyer take every necessary step to bring you the compensation that you deserve while you concentrate on setting your life back in order. Considering the severity of injuries resulting from commercial truck vehicles colliding into you or a loved one’s standard-sized vehicle, our trial lawyers would begin the investigation process immediately.

If you have a case, our attorneys would hire investigators to evaluate the truck’s condition and file a temporary restraining order (TRO) to prevent the truck company’s insurance representatives from trying to remove the black box of the truck. Black boxes in trucks track driving log times, and could determine if a driver has violated driving time limits. Again, if the trucker was driving for more than 11 hours before this collision occurred, the trucker has violated the Federal Motor Carrier Safety Administration laws discussed above. As such, hiring an experienced attorney who handles truck accident cases is critical to the value of your case. We look forward to representing you against the commercial trucking company. Call today to receive a free case consultation.

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