Indiana Truck Accident Lawyer

An Indiana Truck Accident Can Be Devastating.

The Munley Law Truck Accident Attorneys Are Here to Help.

Truck accidents can be much more serious than car accidents due to the sheer size and weight of a truck. They can cause disastrous damage to the vehicles involved, as well as serious injuries or fatalities to drivers and passengers.

If you are involved in a truck accident, it is important to seek medical attention and consult with a personal injury lawyer who has experience in truck accident law, to protect your rights and seek compensation for your injuries and damages. Munley Law Truck Accident Lawyers are nationally recognized as pioneers in truck accident law. With decades of experience, an expert understanding of the law, unmatched resources, and a commitment to pursuing justice for our clients Munley Law Personal Injury Attorneys will provide a free consultation to discuss your case.

Indiana Trucking Industry

Indiana has a large and diverse trucking industry that plays a major role in the state’s economy. The state is strategically located on the eastern edge of the Midwest, with several major highways such as I-65, I-70, and I-74 running through it. This makes Indiana an important transit hub and a major thoroughfare for freight transportation.

Indiana is also a popular location for trucking companies and logistics firms. Some of these trucking companies are often major corporations with attorneys and insurance companies always ready at bat. These heavy hitters are prepared to attempt to dictate the terms of negotiations or the course of lawsuits.

You need an attorney who is confident, fearless, and perceptive to stand for you. At Munley Law Personal Injury Attorneys, we are nationally recognized for our professionalism and for our zealous representation of every client who puts their trust in our hands.

Common Causes of Indiana Truck Accidents

Like all types of motor vehicles, semi-trucks can cause harm. However, the weight of a semi-truck — which can reach up to 80,000 pounds — sets them apart from most other vehicles. Compared to passenger vehicles, which weigh around 4,000 pounds, collisions between the two can result in catastrophic consequences.

Some of the most common causes of truck accidents include:

Driver Fatigue

Insufficient rest before or during long road trips can result in fatigue for truck drivers, which increases the possibility of accidents. Truckers typically drive for extended hours and experience exhaustion, which can impair their driving capability. Fatigue can hamper their responsiveness to road variations, decrease their ability to make sound judgments, and substantially increase the likelihood of accidents.The Federal Motor Carrier Safety Administration (FMCSA) implemented Hours-of-Service Regulations to reduce accidents and deaths resulting from driver fatigue. Nevertheless, due to tight shipping and delivery deadlines, truck drivers continue driving despite federal regulations and the risk.

Speeding

When truck drivers exceed speed limits or drive too fast for the conditions of the road, accidents can occur due to the reduced ability to control the vehicle. With longer stopping distances and decreased capacity to respond to unexpected hazards on the road, drivers may lose control. To prevent truck accidents caused by speeding, drivers must adhere to posted speed limits and adjust their speed according to the environment, weather, and other factors that may compromise their ability to operate their vehicles safely.

Distracted Driving

Due to their extensive time on the road, truck drivers may be prone to multitasking as they balance navigating through traffic and various weather conditions, focusing on remaining alert, and meeting schedule demands. Some common causes of distracted driving include texting and other phone use, eating, adjusting vehicle controls, and reaching for objects.Safely operating any type of motor vehicle is a great responsibility. It takes alertness, focus, and good judgment. Safely operating a truck that is 72 feet long, 8.5 feet wide, 13.5 feet tall, and up to 80,000 pounds takes extensive training and commitment to safety. Any distraction can cause disastrous results.

Mechanical Failure

Commercial truck drivers are required to ensure their trucks are well-maintained. This includes performing pre-trip and post-trip inspections, keeping thorough records, promptly remedying any identified issues, and adhering to a regular maintenance plan.Truck mechanical failure is when a breakdown or malfunction occurs preventing the truck from functioning properly. Mechanical failures happen for various reasons, such as worn-out parts, poor maintenance, overloading, or driver error. Common mechanical failures in trucks include engine failure, brake failure, tire blowouts, transmission problems, and electrical faults. These failures can result in accidents, injuries, and even fatalities, especially when they occur while the truck is in motion.

Bad Weather

Poor weather conditions, such as heavy rain, snow, or fog, can reduce visibility and make it more difficult for truck drivers to control their vehicles. Trucks are especially vulnerable in inclement weather because of their size. Because trucks are more difficult to turn, slow down, speed up, and stop than the average-sized car, overloading cargo only amplifies the difficulty of these maneuvers, often leading to deadly accidents.

Impaired Driving

Driving while intoxicated or under the influence of drugs is a significant factor in fatal truck crashes. Commercial vehicles, due to their large size, have the potential to create devastating accidents when handled improperly. Truck drivers must recognize that they have to guarantee they are fit to operate their vehicles and not affected by drugs or alcohol.

Truck Weight Laws in Indiana

Under Indiana law, according to Indiana Code § 9-20-4-1, there is a limit on the total weight of a commercial truck as well as the weight of its wheels, single axle, tandem axle, and tri-axle.

With some exceptions, to travel legally on any Indiana roads, the maximum legal weights, with load, allowed under the law can be summarized as follows:

• Maximum possible gross weight: 80,000 pounds
• Maximum steering axle weight: 12,000 pounds
• Maximum single axle weight: 20,000 pounds
• Maximum tandem axle weight: 34,000 pounds
• Maximum tri axle weight: 50,000 pounds
• Maximum wheel weight: 800 pounds per inch of tire width measured between
  the flanges of the rim.

Who Is the Responsible Party in an Indiana Truck Accident?

Responsibility or liability in a truck accident refers to who is legally on the hook for the accident or any resulting damages. In most cases, liability is determined by examining the actions of the truck driver and any other parties involved in the accident. If the truck driver was at fault for the accident, then they may be held liable for any injuries, property damage, or other losses suffered by the other parties involved. This could include compensation for medical bills, lost wages, pain and suffering, and more.

Aside from who was driving and the behavior that may have led to an accident, liability may also depend on other factors, such as whether the trucking company was properly maintaining the vehicle or whether other drivers on the road were also involved in the accident.

Determining liability in a truck accident is complex

Because of all the layers involved, determining liability in a truck accident can be a complex process, and it often requires the help of experienced truck accident attorneys and their investigators.

If you have been involved in a truck accident, it is important to seek legal advice as soon as possible to protect your rights and ensure that you receive the compensation you deserve.

Liability in a truck accident can depend on several factors. Generally, the following parties may be held liable:

• Truck driver: if the accident occurred due to the driver’s negligence, recklessness, or violation of traffic laws.
• Trucking company: if the accident occurred due to the company’s failure to maintain the truck or hire a qualified driver.
• Truck manufacturer: if the accident occurred due to a defect in the truck or its parts.
• Cargo loaders: if the accident occurred due to improper loading or securing of cargo.
• Government agencies: if the accident occurred due to poor road conditions or inadequate signs.

Proving liability in a truck accident

Determining liability can be complex and requires a thorough investigation of the accident. A qualified attorney can assist in determining liability and seeking compensation for damages.

Some ways your attorney will help prove liability are:

• Investigate the Accident Scene: The first step in proving liability in a truck accident is to evaluate the accident scene. Evidence should be gathered by taking photographs, talking to witnesses, and getting important information like driver identifiers.
• Review Drivers’ Logs: Commercial drivers are required to keep logs of their driving time to ensure that they comply with federal regulations. Reviewing the driver’s logs can establish whether they violated rules, such as driving for an excessive time, which may have contributed to the accident.
• Conduct a Maintenance Check: Maintenance is necessary and mandated for commercial vehicles, especially trucks. A poorly maintained truck could lead to an accident. Reviewing the truck’s maintenance records can establish whether the truck was in good working condition at the time of the accident.
• Review Video Footage: Many commercial vehicles are equipped with cameras, which can provide video evidence of the accident. Reviewing video footage could help establish facts related to the accident.
• Consult Experts: Consulting experts, such as medical specialists, economists, and engineers, can help establish the sequence of events or the cause of the accident.
• Police Report: The police report is a crucial document in proving liability. It highlights the initial observations made by the investigating officer and can help identify witnesses, document the scene, and establish the cause of the accident.

As the Victim of a Truck Accident, You Are Entitled to Compensation

As the victim of a truck driver’s negligent behavior, you may be experiencing small setbacks, or, your life may have been uprooted. However minor or major the effects of the accident were, you should not have to shoulder the added stressor of the financial burden for injuries, damages, or lost wages. Our skilled truck accident lawyers at Munley Law Personal Injury Attorneys are here to determine the cause of your crash and pursue claims against all potentially responsible parties so that you receive the maximum recovery you deserve.

It is important to hire experienced truck accident lawyers who can help you obtain the maximum compensation you are entitled to. Here are some of the damages that you may be able to recover:

Economic damages

Economic damages refer to financial losses incurred as a result of the truck accident. Economic damages are quantifiable losses that can be calculated based on evidence and documentation such as receipts or invoices. These damages can include:

• Medical expenses: This includes the cost of hospitalization, surgery, medication, rehabilitation, and other medical services.
• Lost wages: If you are unable to work due to your injuries, you may be able to recover the income you would have earned during that period.
• Property damage: If your vehicle or other property was damaged in the accident, you may be able to recover the repair or replacement costs.

Non-economic damages

Non-economic damages are usually more difficult to quantify in comparison to economic damages. It’s nearly impossible to put a monetary value on the emotional effects of a fatal truck accident, and it can vary widely depending on the individual circumstances of the case. Non-economic damages can include:

• Pain and suffering: You may be entitled to compensation for physical and emotional pain and suffering caused by the accident.
• Loss of enjoyment: As a result of your injury, you may no longer be able to participate in activities that once brought you great joy.
• Loss of consortium: The loss of love, companionship, and support that the victim’s spouse or immediate family members have been deprived of, also referred to as “loss of consortium” or “loss of emotional support.”

Punitive damages

Punitive damages are awarded in cases where the truck driver or truck company acted recklessly or intentionally. When punitive damages are awarded, their purpose is to punish the negligent party for their willful carelessness and to deter other parties from behaving in the same reckless manner.

What Are Common Injuries Suffered in a Truck Accident?

Not all injuries are visible or manifest right away. For this reason, even if you feel like you’re okay, it’s important to seek medical attention if you’ve been involved in a truck accident.

Some of the most common injuries are as follows:

• Whiplash: This occurs when the head and neck are forcefully and suddenly jerked forward and then backward. It can cause damage to the soft tissues in the neck and upper back, leading to pain, stiffness, and reduced mobility.
• Back Injuries: Truck accidents can cause a variety of injuries to the back, including sprains, strains, herniated discs, and fractures of the spine. Back injuries can be extremely painful and may require long-term treatment and rehabilitation.
• Head Injuries: Head injuries are common in truck accidents and can range from minor concussions to severe traumatic brain injuries. Symptoms may include headaches, dizziness, confusion, and memory loss.
• Broken Bones: Truck accidents can cause a variety of fractures, including broken arms, legs, ribs, and pelvis. These injuries can be painful and may require surgery, casting, or other forms of treatment.
• Internal Injuries: Blunt force trauma from a truck accident can also cause internal injuries, such as damage to organs like the liver, spleen, or kidneys. These injuries may not be immediately evident and can be life-threatening if left untreated.
• Cuts and Bruises: Truck accidents often cause cuts and bruises to the head, face, arms, and legs. These injuries are generally not severe but may require medical attention and could cause scarring or disfigurement.
• PTSD: Post-traumatic stress disorder (PTSD) is a psychological condition that can occur after a traumatic event such as a truck accident. Symptoms of PTSD can include anxiety, depression, nightmares, and flashbacks.

Indiana truck accident statistics

According to Indiana University Public Policy Institute, in 2020, in Indiana, occupants in large trucks were almost 5 times as likely to be injured when speeding (222 per 1,000) compared to the same vehicle type not speeding (42 per 1,000).

According to the Institute for Safer Trucking, in 2020, in Indiana:

• 53 people were killed in large truck accidents
• 71% of fatal work zone crashes involved a large truck
• 31% of fatal truck crashes occurred on non-interstate roads

How long after a truck accident can you claim injury in Indiana?

Each state has its laws regulating the amount of time you have to file a lawsuit in a personal injury matter. This deadline is known as the statute of limitations. Indiana Code § 34-11-2-4 states that you have two years from the day of your accident to file a lawsuit. An experienced Indiana attorney who specializes in truck accidents can help determine all liable parties, and file any insurance claims and legal actions before the time limit expires.

In some cases, there are exceptions to the statute of limitations. The exceptions to the statute are best discussed with an experienced Indiana truck accident lawyer.

Do I Need a Truck Accident Lawyer?

For all the reasons discussed — from determining liability to fighting for compensation — a truck accident lawyer is an invaluable resource for you at a time like this.

Truck accidents are often more complex than car accidents due to several factors such as the size and weight of the vehicle, the multiple parties involved, and the unique regulations that govern the trucking industry. A truck accident lawyer has the knowledge and experience to navigate these complexities and build a strong case on your behalf.

Truck accidents tend to result in more severe injuries than car accidents due to the size and weight of the vehicle. A truck accident lawyer can help you recover compensation for medical bills, lost wages, pain and suffering, and other damages associated with your injuries.

Insurance companies representing trucking companies are skilled at convincing accident victims to accept a low settlement offer. A truck accident lawyer can negotiate with the insurance company on your behalf and ensure that you receive fair compensation for your injuries and other damages.

In a truck crash, evidence such as electronic data can quickly disappear. A truck accident lawyer can gather and preserve evidence such as black box data, witness statements, expert testimony, and accident scene photographs to help build a strong case.

If your case does not settle and goes to court, you will need a truck accident lawyer to represent you. A lawyer can present evidence on your behalf and argue for maximum compensation for your injuries and other damages.

Overall, a truck accident lawyer can help you navigate the complexities of truck accidents and ensure that you receive fair compensation for your injuries and other damages.

Contact an Indiana truck accident attorney today to discuss your legal options

The Indiana truck accident attorneys at Munley Law Personal Injury Attorneys are here to share their knowledge, experience, commitment, and record of excellent results on your behalf.

Munley Law attorneys have specialized knowledge of federal and state regulations, industry standards, and the most common causes of truck accidents.

Contact Munley Law Personal Injury Attorneys today for a free no-obligation consultation.