Common Causes of Truck Accidents in Evansville

Truck accidents can occur for various reasons, and identifying the cause of the accident is crucial in determining liability and pursuing compensation. Some common causes include:

  • Driver fatigue: According to Indiana trucking laws, hours of service regulations are in place to prevent driver fatigue, but violations are still a common cause of truck accidents.
  • Distracted driving: Distractions such as cell phone use, eating, adjusting controls, or reaching for objects can take a driver’s attention away from the road.
  • Speeding
  • Improper loading: Incorrectly loaded or overloaded trucks can cause instability and imbalance, leading to truck accidents.
  • Mechanical failures
  • Intoxicated driving
  • Poor weather conditions
  • Negligent hiring or training

These are just some of the common causes of truck accidents, but determining the causes that affected your case requires a thorough investigation by experienced personal injury attorneys. Properly identifying the cause of the accident is essential in proving negligence and pursuing compensation for your injuries and damages.

Understanding the Federal Motor Carrier Safety Regulations

Before filing a claim, it’s important to understand that trucks are subject to federal regulations that govern the operation and maintenance of commercial motor vehicles. The Federal Motor Carrier Safety Regulations (FMCSRs) are a set of rules that apply to interstate commercial trucking operations. These rules are designed to promote safety on the roads and ensure that trucking companies and drivers comply with certain standards. 

Some key areas covered by the FMCSRs include hours of service for drivers, maintenance and inspection of commercial vehicles, qualifications and training of drivers, and record-keeping requirements.

As a truck accident victim in Evansville, it’s important to understand the FMCSRs and how they may impact your case. For example, if a trucking company or driver has violated any of the FMCSRs, it can be used as evidence of negligence in a truck accident claim.

Type of Injuries Related to Truck Accidents

Truck accidents can have devastating consequences, often resulting in severe injuries due to the sheer size and weight of commercial trucks compared to passenger vehicles. The aftermath of a truck accident can leave victims with life-altering injuries that may require extensive medical treatment and long-term care. Some of the common types of injuries related to truck accidents include:

The severity of injuries sustained in truck accidents can vary widely, but even minor injuries can result in significant medical expenses, lost wages, and pain and suffering. 

Why Do You Need a Specialized Truck Accident Lawyer to Claim for Your Damages and Injuries

Truck accident cases can be complex and challenging to navigate without the expertise of an attorney who can help you claim what’s yours according to the law. 

Hiring a local lawyer can be crucial in protecting your rights and maximizing your chances of obtaining fair compensation for all your damages and injuries because a professional can help you understand what type of injuries and losses you can claim. 

Here is how an attorney can help you recover from a truck accident and find justice:

In-depth knowledge of federal regulations

These accidents are subject to federal regulations, including the FMCSRs mentioned earlier. A specialized truck accident attorney will have a thorough understanding of these regulations and how they apply to your case, allowing them to build a strong legal argument and hold the trucking company and driver accountable for any violations.

Investigation and evidence gathering

Truck accident cases often require extensive investigation and evidence gathering to determine liability. 

Your attorney will have the resources and expertise to investigate the accident scene, obtain relevant records, collect witness statements, and analyze data from the truck’s black box or electronic logging devices to gather critical evidence to support your claim.

Identification of all liable parties

In a truck accident case, there may be multiple parties that could be held liable for the accident, including the trucking company, truck driver, truck owner, maintenance provider, and others. A specialized personal injury attorney will have the experience and knowledge to identify all the potentially liable parties and hold them accountable for their negligence.

In fact, Indiana Code § 34-51-2 establishes the principles of comparative fault, which means that multiple parties can be held liable for a truck accident, including the trucking company, truck driver, truck owner, maintenance provider, and others.

Legal strategy and negotiation

Trucking companies and their insurance carriers often have aggressive legal teams and adjusters who will try to minimize or deny your claim. 

At Christie Farrell Lee & Bell, we can help you develop a strong legal strategy tailored to your case, negotiate with insurance companies on your behalf, and advocate for your rights to ensure you receive fair compensation for your damages and injuries.

Litigation experience

While most truck accident cases are settled out of court through negotiations, some cases may require litigation to resolve disputes and obtain fair compensation. In some cases, you’ll need the help of an attorney to litigate your case in court, including presenting evidence, cross-examining witnesses, and arguing on your behalf to a judge or jury.

tractor trailer accident statistics

Proving Negligence When Truck Company and Drivers Were at Fault

Proving negligence is a crucial element in a truck accident case to establish liability and obtain compensation for your damages and injuries. In Indiana, negligence is defined as the failure to exercise reasonable care, resulting in harm to others. 

But when it comes to truck accidents, negligence can arise from various parties, including the trucking company, truck driver, maintenance provider, and others. Here are some key factors to establish negligence in truck accident cases:

  • Violation of federal motor carrier safety regulations
  • Driver error or negligence
  • Negligent hiring and training practices
  • Failure to maintain and inspect vehicles
  • Overloading or improperly securing cargo
  • Violation of traffic laws

Proving negligence in a truck accident case requires thorough investigation, collection of evidence, and legal expertise. A truck accident attorney will have the experience and knowledge to effectively prove negligence and establish liability on the part of the trucking company and/or driver. 

They will gather and analyze various types of evidence, such as police reports, driver logs, maintenance records, witness statements, and expert opinions, to build a strong case on your behalf.

Our Evansville Truck Accident Lawyer Can Help    

Our team of serious injury lawyers at Christie Farrell Lee & Bell have decades of experience helping injured people recover from their losses. Request a free consultation today and receive legal advice from an attorney.

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