Fort Wayne Truck Accident Lawyer

Why You Should Hire a Truck Accident Lawyer

Hiring a truck accident lawyer is crucial to navigate the complexities of truck accident claims. They understand the regulations governing the trucking industry, know how to gather and analyze evidence, and can negotiate aggressively with insurance companies on your behalf. Having an experienced lawyer by your side ensures you maximize your compensation and protect your rights during this challenging time.

Common Causes of Truck Accidents in Indiana

Understanding the common causes of truck accidents in Indiana can help drivers stay safe on the road, and can also be crucial in the event of a legal dispute to claim recoverable losses in a lawsuit. In fact, according to data from the Indiana Department of Transportation, in 2019 alone, there were 5,329 accidents involving large trucks, with 87 of those accidents resulting in at least one fatality.

Driver Fatigue

One of the leading causes of these accidents is driver fatigue. Truck drivers often work long hours, and they may be under pressure to meet tight deadlines. This can lead to drivers pushing themselves to stay on the road for longer than is safe.

But Indiana law requires that truck drivers take regular breaks to prevent driver fatigue. However, some drivers may ignore these regulations, putting themselves and others at risk.

Poor Vehicle Maintenance

Another common cause is poor vehicle maintenance. Commercial trucks are subjected to a lot of wear and tear on the roads, and they must be properly maintained. If a truck is not regularly inspected and repaired, it may suffer from equipment failure while on the road.

State law requires that all commercial vehicles be maintained in safe and operational condition. Specifically, Indiana Code § 9-20-2-2 requires motor carriers to regularly inspect, repair, and maintain their commercial vehicles.

Faulty brakes, worn tires, and other maintenance issues can all contribute to accidents.

Distracted Driving

Distracted driving is a major issue on Indiana’s roads, with truck drivers often affected. Activities like texting, talking on the phone, eating, or adjusting the radio can divert attention and hinder a driver’s ability to respond to hazards. This is the leading cause of truck accidents, contributing to over 60% of all fatal crashes.

Speeding

Speeding is another common cause of truck accidents in Fort Wayne. In the state, the maximum speed limit for trucks on interstates and rural highways is 65 miles per hour, and on urban interstates and highways, it is 55 miles per hour.

However, some truck drivers may feel pressured to deliver their cargo on time and may exceed the speed limit to meet their deadlines. This can lead to dangerous situations where the driver loses control of the vehicle or collides with other vehicles on the road.

Overloading

When a truck is overloaded, it can be difficult to control, especially in emergency situations. Overloading can also cause tire blowouts and other equipment failures, leading to accidents. Indiana law sets weight limits for commercial trucks to prevent overloading, but some companies may ignore these regulations to transport more goods at once.

What Should You Do After a Truck Accident in Fort Wayne?

Taking the right steps after a truck accident is critical to ensure your safety and protect your legal rights. Here are some immediate actions you should take:

1. Seek Medical Attention: Your health and safety come first. Even if you feel fine, some injuries may not show symptoms immediately.
2. Report the Accident: Call 911 and ensure the accident is reported to local authorities.
3. Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. Collect witness contact information.
4. Avoid Admitting Fault: Be cautious in your statements to police or insurance companies to avoid inadvertently admitting fault. 
5. Consult a Truck Accident Lawyer: An experienced lawyer can guide you through the legal process and ensure your rights are protected. 

How Do Truck Accidents Differ From Other Motor Accidents?

Truck accidents are not like other motor accidents because the size and weight of commercial trucks make them much more dangerous than passenger vehicles.

In addition to their size and weight, commercial trucks have different driving characteristics than passenger vehicles. They require a longer stopping distance and have a larger turning radius.

Also, truck accidents involve different legal and regulatory frameworks, governed by federal and state laws. These complexities necessitate working with a truck accident lawyer if you suffered an injury due to a collision.

Injuries Related to Truck Accidents

Although there are many types of injuries you might suffer after a collision, here are some of the most common injuries associated with truck accidents:

• Traumatic brain injuries
• Broken bones
• Burn injuries
• Amputations
• Internal injuries
• Spinal cord injuries
• Whiplash
• Post-traumatic stress disorder (PTSD)

These injuries can have a significant impact on a victim’s life, both physically and emotionally.

How Long Do You Have to File a Truck Accident Lawsuit in Indiana?

In Indiana, the statute of limitations for filing a truck accident lawsuit is two years from the date of the accident. Failing to file your claim within this timeframe may prevent you from recovering any compensation. It’s essential to consult with an attorney promptly to ensure all legal deadlines are met.

Who’s Liable for a Truck Accident?

When a truck accident occurs, assigning liability becomes a complicated process due to the multiple entities involved. Unlike standard vehicle accidents, truck accidents often extend beyond the driver to include the trucking company, cargo loaders, vehicle parts manufacturers, and even third-party contractors.

Overall, these are the parties that your truck accident lawyer at Christie Farrell Lee & Bell will consider:

Truck Driver

Often the primary party in a collision, truck drivers can be found liable if they violate traffic laws or drive recklessly. In cases where drivers are fatigued from excessively long shifts, the law holds them accountable, even if pressured by the company. Federal regulations from the FMCSA limit driving hours to prevent these fatigue-related accidents, but some drivers may push these limits. Factors like substance use, distracted driving, or speeding also commonly contribute to driver liability.

Trucking Company

The trucking company itself may be responsible if it fails to uphold safety standards. Many companies prioritize delivery speed over safety, which can lead them to encourage or turn a blind eye to regulatory violations, such as surpassing driving-hour limits. Additionally, if the company did not perform necessary maintenance or inspections on their trucks, leading to issues like brake failure or tire blowouts, they could be held liable. The pressure they put on drivers and negligence in upkeep directly contribute to the likelihood of accidents, making them a significant party in determining liability.

Cargo Loaders

The loading team can be liable in accidents if cargo was improperly loaded or secured, leading to shifts during transport or even vehicle rollovers. Overloaded trucks and poorly distributed weight affect the truck’s center of gravity, leading to loss of control, especially in emergency maneuvers. Cargo shifts are a common but often overlooked factor in trucking accidents, making this another essential area to investigate in assigning liability.

Vehicle and Parts Manufacturers

If an accident is the result of a mechanical issue—whether from faulty brakes, steering malfunctions, or tire blowouts—the manufacturer of the vehicle or the specific defective part may be liable. Trucks are complex vehicles that require rigorous manufacturing standards; if a defect in design or manufacturing contributed to the accident, families have the right to pursue compensation from these manufacturers.

Liability in truck accidents can extend across multiple parties, each contributing to a complex web of accountability. Our attorneys work to build cases that address every possible avenue o

Does It Matter If the Trucking Company Violated Regulations?

When trucking companies violate federal and state safety regulations, they endanger everyone on the road. These rules are designed to ensure safety, and violations can significantly impact your case by proving negligence or gross misconduct.

Key violations include:

• Hours of Service Rules: Companies pressuring drivers to exceed driving limits can be held responsible for fatigue-related accidents.
• Maintenance Failures: Skipping regular vehicle inspections often leads to accidents caused by brake failures or tire blowouts.
• Unqualified Drivers: Hiring drivers without proper background checks or experience increases liability.

Proving such violations strengthens your claim. Consult an experienced personal injury lawyer to identify and leverage these breaches in your case.

Compensation You Might Be Entitled To

Victims of truck accidents may recover damages for medical bills, lost wages, pain and suffering, property damage, and in severe cases, punitive damages. The compensation depends on factors like injury severity, clarity of fault, and insurance limits.

Steps to Maximize Your Claim:

• Collect evidence like photos and witness statements.
• Seek medical attention and document all treatments.
• Work with a truck accident lawyer to negotiate with insurers or file a lawsuit if needed.

Truck Accident Statistics

Truck accidents in Indiana are a serious concern. In 2022, the state saw 964 traffic fatalities, many involving trucks. Speeding, impaired driving, and accidents on non-urban roads are common contributors to these incidents.

Damages You May Recover in a Truck Accident Claim

Truck accidents often result in:

• Medical Expenses: Covering immediate and long-term care, like surgeries or therapy.
• Lost Wages: Including diminished earning capacity for severe injuries.
• Pain and Suffering: Compensation for emotional and physical distress.
• Property Damage: Costs for repairing or replacing your vehicle.
• Punitive Damages: Penalties for gross negligence, such as ignoring safety violations.

A skilled attorney ensures no avenues for compensation are overlooked.

How Much Are Most Truck Accident Settlements?

Settlements in Indiana range from $50,000 to $100,000 for minor injuries and up to several million dollars for severe cases like spinal cord or brain injuries.

Indiana Statute of Limitations for Truck Accidents

You have two years from the accident date to file a claim, as per Indiana Code § 34-11-2-4. Exceptions apply for minors or those with legal disabilities.

How a Fort Wayne Truck Accident Lawyer Can Help

At Christie Farrell Lee & Bell, we have decades of experience winning multi-million-dollar verdicts and settlements for truck accident victims. Contact us for a free consultation and let us help you secure the compensation you deserve.

Our lawyers that handle these types of cases