Bloomington Truck Accident Lawyer

Laws That Impact Bloomington Truck Accident Claims

Understanding the laws governing truck accident claims in Bloomington is critical for pursuing justice. Indiana law holds trucking companies accountable for their drivers’ actions under the principle of “vicarious liability.” Furthermore, federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) establish safety standards for trucking operations, such as hours of service limits, maintenance protocols, and cargo loading requirements.

Indiana’s statute of limitations gives victims two years from the date of the accident to file a claim. Additionally, comparative fault rules in Indiana may impact your compensation if you’re found partially at fault for the accident. An experienced truck accident lawyer can help navigate these complex legal frameworks to maximize your claim.

What Should I Do After a Truck Accident?

Truck accidents can be some of the most devastating accidents on the road, causing significant harm and trauma to victims and their families. After a truck accident, it’s crucial to take immediate action to protect your well-being and your rights:

• Seek medical attention: Even if you don’t have visible injuries, it’s important to seek medical attention to assess any potentially hidden injuries that may not be immediately apparent.
• Call the police: The police will create an accident report, which can be valuable evidence for insurance purposes and legal proceedings.
• Collect evidence: If possible, collect evidence at the accident scene, such as photos of the vehicles involved, the location of the accident, and any visible damages or injuries. Also, gather contact information from witnesses.
• Do not admit fault: Avoid admitting fault or making any statements that may be used against you later. Be cautious when speaking to the truck driver, other parties involved, or insurance representatives.
• Contact a personal injury lawyer: It’s important to seek legal representation from an experienced Indiana truck accident lawyer as soon as possible. An attorney with experience handling cases like yours can protect your rights, help you understand your legal options, and guide you through the complex legal process. At Christie Farrell Lee, we can build a strong case to help you claim compensation that covers all of your damages.
• Do not settle quickly: Avoid settling with the trucking company or insurance company quickly, as it may not fully compensate you for your injuries and damages. It’s important to assess the full extent of your injuries, damages, and losses before accepting any settlement offers.

Evidence That Can Help Prove a Truck Accident Claim in Bloomington

Building a successful truck accident claim requires gathering and presenting compelling evidence. This may include:

• Accident scene photos: Detailed images of the crash site, vehicle damage, road conditions, and skid marks.
• Witness testimony: Statements from individuals who saw the accident.
• Police reports: Official documentation of the incident and any citations issued.
• Driver logs: Records of the truck driver’s hours, which may reveal violations of federal hours of service regulations.
• Maintenance records: Evidence showing whether the trucking company failed to maintain the vehicle.
• Event data recorder (black box): Information about the truck’s speed, braking, and other operational data before the crash.

Your lawyer will work to secure this evidence promptly to strengthen your claim.

Types of Injuries Related to Truck Accidents

There are many injuries for which our clients come to us to fill a personal injury claim after a truck accident, ranging from minor to catastrophic, including:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Internal injuries
• Soft tissue injuries
• Emotional and psychological injuries

If you suffered an injury due to a truck accident caused by the negligence of others, you may be entitled to file a personal injury claim to demand compensation. But it’s important to have the help of a lawyer that can hear your case and help you understand your options and determine the responsibilities of the parties involved to prove negligence.

Common Causes of Truck Accidents

Truck accidents in Indiana are usually the result of preventable mistakes or negligence by truck drivers, other motorists, or the trucking companies themselves. At Christie Farrell Lee & Bell, our truck accident lawyers thoroughly analyze all potentially liable parties by delving deep into the root causes of the accident.

Driver Fatigue and Hours of Service Violations

One of the most prevalent causes of truck accidents is driver fatigue. Despite federal regulations limiting driving hours to prevent exhaustion, truck drivers are often pressured to meet strict delivery schedules, leading them to violate these rules. Fatigued drivers suffer from reduced reaction times, impaired judgment, and a higher likelihood of falling asleep at the wheel.

Trucking companies may be liable for pushing drivers to ignore these regulations, contributing directly to fatigue-related accidents.

Trucks Vulnerable to Serious Crashes

Commercial trucks are inherently more susceptible to serious crashes than other vehicles on the road. Their massive size, complex mechanics, and specific operational challenges make them dangerous in various scenarios.

The Weight Factor and Impact Force

The average fully loaded semi-truck weighs up to 80,000 pounds, compared to the typical 4,000-pound weight of a passenger vehicle. This weight difference isn’t just a number; it’s a significant risk factor. When a truck collides with a car, the sheer force generated can obliterate the smaller vehicle, leading to catastrophic consequences for its occupants. In fact, according to our exploration of why truck accidents are so severe, the physics of large trucks create unique dangers that significantly elevate the stakes for all involved.

Stopping Distance and Braking Challenges

Another vulnerability comes from the extended stopping distance required for trucks. A fully loaded semi-truck can take 20-40% more distance to stop than a regular vehicle, depending on speed and road conditions. This delay is exacerbated in bad weather, making rear-end collisions common when sudden stops are necessary. When truck drivers fail to anticipate these limitations or trucking companies neglect to maintain brake systems, the risk of severe accidents escalates.

Rollover and Jackknifing Risks

Due to their high center of gravity, large trucks are prone to rollovers, especially when drivers take sharp turns too quickly or swerve to avoid obstacles. Jackknifing, where the trailer swings out and forms a 90-degree angle with the cab, is another serious risk, often caused by improper braking or slippery road conditions. These incidents not only endanger the truck driver but also create road hazards for surrounding motorists.

In all these cases, trucking companies must be held accountable for ensuring their vehicles are roadworthy and drivers are well-trained. When they fail to do so, the consequences can be deadly. If you’ve experienced such negligence, it’s important to know when to consult a lawyer for a truck accident to discuss your legal options.

Determining Responsibilities After a Truck Accident in Indiana

To know for sure who was responsible after a truck accident can be complex and may require a thorough investigation. In addition to the potential liability of the trucking company, other parties that may be responsible for a truck accident include:

Truck Driver

Speeding, reckless driving, driver fatigue, driving under the influence of drugs or alcohol, or violating trucking laws are one of the main reasons why people suffer motor accidents every day. And if these are one of the reasons why you got injured, then the driver may be found responsible for the accident.

Truck Owner

If the truck involved in the accident is owned by a different entity than the trucking company, such as an individual owner-operator, that owner may also be held liable for their negligence or failure to properly maintain the truck.

Cargo Loading Company

When improper loading or securing of the cargo contributed to the accident, the company responsible for loading the cargo may also be held liable for their negligence.

Manufacturers and Distributors

If a defective truck part or component, such as brakes, tires, or steering, contributed to the accident, the manufacturer or distributor of that part may also be held liable for the resulting injuries and damages.

Government Entities

In some cases, government entities, such as municipalities or state agencies, may be held liable for their negligence in designing, constructing, or maintaining the roadways where the truck accident occurred.

A Bloomington Truck Accident Lawyer Will Hold Trucking Companies Accountable

Under state laws, trucking companies can be held liable for the actions of their drivers under the legal principle of “vicarious liability.” This means that if a truck driver causes an accident while in the course of their employment with a trucking company, the company may also be responsible for the victim’s injuries and damages. 

Indiana Code sets forth the legal standard for holding trucking companies liable for accidents caused by their drivers, but trucking companies can also be held directly liable for their own negligent actions or omissions. 

For example, if a trucking company fails to properly maintain its vehicles or violates federal regulations, such as hours of service rules, it can be held directly responsible for the resulting accidents and injuries.

Trucking Companies Must Take Utmost Care

Trucking companies play a critical role in maintaining road safety and are responsible for ensuring their operations do not endanger other drivers. Given the high risk associated with commercial trucks, the law requires these companies to adhere to stringent safety standards. However, when these regulations are overlooked, and negligence leads to severe accidents, trucking companies can and should be held accountable.

Responsibility for Driver Training and Supervision

Trucking companies have a duty to ensure their drivers are adequately trained and capable of operating heavy vehicles under various conditions. This obligation includes instruction on handling emergency situations, understanding the impact of weather on truck dynamics, and adhering to federal and state regulations. Failure to provide comprehensive training can lead to deadly errors on the road.

Additionally, supervision doesn’t end with initial training. Companies must implement continuous performance monitoring and corrective measures for drivers who violate safety protocols. If a company knowingly employs a driver with a history of traffic violations or inadequate training, they may be found negligent in a court of law.

Vehicle Maintenance and Safety Compliance

The Federal Motor Carrier Safety Administration (FMCSA) outlines strict maintenance requirements for commercial trucks. Companies must regularly inspect their vehicles and address any mechanical issues before they become hazards. Ignoring these responsibilities can lead to catastrophic outcomes, such as brake malfunctions or tire blowouts. In such cases, the company may be liable for damages if it’s proven that neglect contributed to the accident.

The Pressure to Meet Unrealistic Deadlines

Time is money in the trucking industry, but pushing drivers to meet unrealistic delivery schedules is a recipe for disaster. Many companies enforce tight deadlines, indirectly encouraging drivers to speed, skip rest breaks, or even falsify logbooks. These practices compromise public safety and put everyone on the road at risk.

The FMCSA’s Hours of Service regulations were implemented to combat this issue, but violations still occur. When investigating a truck accident, your trucking accident attorney in Bloomington will scrutinize company policies, looking for evidence that drivers were coerced into breaking these crucial safety laws.

Advantages of Hiring a Truck Accident Lawyer in Bloomington

Navigating the aftermath of a truck accident can be overwhelming, especially when dealing with trucking companies and their insurance providers. Hiring a truck accident lawyer offers several benefits:

• Expert legal advice: Lawyers with experience in truck accident cases understand the specific laws and regulations governing the trucking industry.
• Thorough investigation: An attorney can gather crucial evidence, consult experts, and build a strong case to support your claim.
• Negotiation skills: Experienced lawyers can negotiate with insurance companies to secure fair compensation.
• Trial representation: If a settlement isn’t possible, your lawyer will advocate for you in court to pursue the justice you deserve.

By working and contacting Christie Farrell Lee & Bell, you’ll have dedicated legal professionals on your side who are committed to holding negligent parties accountable and securing the compensation you need to recover.

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