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In the U.S., there are over 5,000 accidents involving large trucks yearly (semi-trucks involved), and sadly, occupants of other vehicles account for 70% of the fatal victims. Given the potentially devastating nature of these accidents, it is not uncommon for the victims or their bereaved families to consider the path of legal action. This often involves seeking compensation for the injuries sustained, the damages incurred, or the loss experienced, thereby holding the responsible parties to account.
If you’ve unfortunately experienced a semi-truck accident in Indiana, you have the right to take legal action and potentially sue the driver, company, or any other party involved.
Understanding Your Options After Being Involved in a Semi-Truck Accident in Indiana
You might want to consider legal action if you’ve been in a semi-truck accident that led to personal injuries, loss of earnings, or property damage. Here are some possible legal options:
- Filing a personal injury lawsuit: If the truck driver’s negligence caused the accident, you might be entitled to sue for personal injury. This lawsuit can cover medical expenses, loss of income, pain and suffering, and more.
- Filing a wrongful death lawsuit: If a loved one was killed in the accident, immediate family members may be able to file a wrongful death lawsuit.
- Filing a property damage lawsuit: If your vehicle or other property was damaged in the accident, you might sue for the cost of repair or replacement.
A truck accident attorney can help you determine the best course of action, considering all the parties involved and the impact of the damages related.
Steps to Take After Suffering Injuries or Property Damage in a Semi-Truck Accident
Experiencing a semi-truck accident can be overwhelming, but taking the right steps immediately afterward can significantly affect your ability to secure compensation. Here’s what we recommend you to do:
- Seek immediate medical help after an accident, regardless of injury severity. This ensures your well-being and provides crucial evidence for your claim.
- Contact the police and ensure an official accident report is filed. This report can be critical evidence for your claim, detailing the circumstances of the accident and any initial findings of fault.
- Take photos and videos of the accident scene, including the damage to all vehicles involved, road conditions, skid marks, and any visible injuries. This visual evidence can be invaluable in reconstructing the accident later.
- Avoid speaking to insurance companies without contacting our lawyers first. Insurance adjusters may contact you for statements or to offer settlements. It’s best to refrain from providing any statements or signing documents, as these could potentially undermine your claim.
Taking these steps promptly can help protect your legal rights and significantly improve your chances of obtaining fair compensation for your injuries and losses. Your lawyer will help you determine which trucking laws were broken to ensure the responsible party is held accountable.
When is a Semi Truck Driver Considered Responsible for an Accident in Indiana?
In Indiana, a semi-truck driver can be held responsible for an accident if their actions or negligence directly led to the collision. Negligence can include behaviors such as distracted driving, speeding, driving under the influence of drugs or alcohol, and failing to adhere to hours-of-service regulations, which are designed to prevent driver fatigue. For example, if a truck driver was texting while driving and failed to notice traffic slowing down ahead, resulting in a rear-end collision, this would be considered negligence.
According to Indiana Code § 9-21-8, drivers are required to operate their vehicles in a safe and responsible manner. If a truck driver fails to meet this standard and causes an accident, they can be held liable for any resulting damages. Establishing liability typically involves gathering evidence such as police reports, eyewitness testimonies, electronic logging device (ELD) data, and expert analysis to demonstrate how the truck driver’s actions deviated from safe driving practices and caused the accident.
Liability of Trucking Companies in Semi-Truck Accidents
Trucking companies can be held liable for accidents involving their vehicles, particularly if their negligence contributed to the incident. This can include failing to properly vet or train drivers, not maintaining vehicles adequately, or violating safety regulations. We commonly see some situations where the trucking companies may be at fault:
Negligent Hiring and Training Practices
If the trucking company failed to properly vet or train their drivers, they could be held responsible for any accidents caused by driver incompetence. The law requires trucking companies to ensure their drivers are qualified and adequately trained.
Improper Maintenance of Vehicles
Trucking companies are responsible for maintaining their trucks. Failure to perform necessary maintenance, leading to mechanical failures such as brake or tire issues, can result in liability.
Violation of Regulations
Trucking companies must comply with federal and state regulations. Federal Motor Carrier Safety Regulations (FMCSR) set guidelines that must be followed. Violations that contribute to accidents can make the company liable.
Improper Loading of Cargo
If a trucking company improperly loads or secures cargo, causing the truck to become unstable and leading to an accident, the company could be held liable.
Contact a Truck Accident Attorney in Indiana to Get Expert Advice
Our dedicated team of truck accident lawyers can assist you by conducting a thorough investigation of the accident, gathering critical evidence, and consulting with expert witnesses to build a strong case. We handle all communication with insurance companies, negotiate settlements on your behalf, and, if necessary, represent you in court to ensure you receive maximum compensation for medical expenses, lost wages, pain and suffering, and other damages. Don’t wait to get the expert advice you need—contact us today to schedule your free consultation and take the first step towards securing justice and financial recovery.