Fort Wayne Truck Accident Lawyer

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. 

Here are some of the most common causes of these accidents according to state records:

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. Fatigue also plays a significant role, as long hours on the road can reduce alertness and reaction times.

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. These speed limits are in place to ensure the safety of all motorists on the road.

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.

If this is your case and you’ve been involved in an accident due to the negligence of others, you’re entitled to claim compensation according to the injuries caused by the accident.

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.

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 fact, a typical commercial truck can weigh up to 80,000 pounds, while a passenger vehicle usually weighs around 4,000 pounds. As a result, when a truck collides with a passenger vehicle, the results can be terrible, causing catastrophic injuries and even death in the worst scenarios.

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. Maneuvering a truck through traffic and narrow streets can be challenging, even for experienced drivers. 

Also, truck accidents are different from other motor accidents in that they involve different legal and regulatory frameworks. Commercial trucks are subject to federal and state regulations that govern everything from their maintenance to the amount of time a driver can spend on the road. These regulations can be complex and difficult to navigate, which is why it’s important to work with an experienced 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. They may require extensive medical treatment, including surgeries, rehabilitation, and ongoing care. That’s why it’s important to contact a personal injury lawyer as soon as possible to get assistance on the legal procedure to claim your rights.

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 of liability, ensuring you don’t face the burden of piecing this puzzle together on your own.

Can You Sue a Trucking Company in a Fort Wayne Truck Accident Case?

In Indiana, pursuing legal action against a trucking company following a truck accident is a viable option under certain conditions. The law allows for trucking companies to be held accountable for accidents involving their vehicles and drivers, recognizing both direct and indirect liabilities. According to Indiana trucking laws, direct liability pertains to the company’s own negligence, such as failing to maintain vehicles or properly train drivers. Indirect liability, or vicarious liability, applies when a trucking company is held responsible for the actions of its drivers while they are performing their job duties.

To successfully sue a trucking company, it’s essential to demonstrate that the company’s or driver’s negligence directly contributed to the accident. This involves showing that the company failed to meet its duty of care and that this failure was a significant factor in causing the accident and the resulting damages

Does It Matter If the Trucking Company Violated Regulations?

When trucking companies ignore federal and state safety regulations, they endanger everyone on the road. These regulations, created to protect both truckers and the public, establish strict standards that companies and drivers must meet. If a company disregards these rules, it could substantially impact the outcome of your case by proving negligence or even gross negligence.

• Hours of Service Violations: One of the most crucial regulations is the limitation on driving hours. The FMCSA mandates maximum driving hours to prevent driver fatigue. However, some companies ignore these rules, pressuring drivers to log longer hours to meet strict deadlines. If a company encouraged or allowed hours-of-service violations, they share responsibility for the crash.
• Maintenance and Inspection Requirements: Trucking companies are required to inspect and maintain their vehicles regularly to prevent equipment failure on the road. However, companies often skip these steps to save costs, leading to accidents caused by mechanical issues like brake failures, tire blowouts, or steering malfunctions. When a lack of maintenance contributes to a collision, it strengthens your case, demonstrating the company’s neglect for safety.
• Driver Background Checks: Companies are responsible for verifying that their drivers have clean records and appropriate experience. They must perform thorough background checks to avoid hiring drivers with histories of DUI, reckless driving, or other violations. Failing to conduct these checks, or knowingly hiring unqualified drivers, could hold the company fully liable.

Trucking companies that violate these regulations can be held accountable for negligence, providing a more robust basis for your claim. We strongly advise consulting an experienced truck accident lawyer as soon as possible to determine which regulations were violated and how they contributed to the accident.

Compensation You Might Be Entitled in a Truck Accident Claim

At Christie Farrell Lee & Bell, our experienced legal team is dedicated to ensuring that victims of truck accidents in Fort Wayne and beyond are fully aware of their rights to compensation. Whether it’s covering medical expenses, recuperating lost wages, or addressing pain and suffering, we’re here to guide you through the process, advocating for the full compensation you deserve to support your journey to recovery.

Understanding Your Entitlements

Victims of truck accidents may be entitled to various forms of compensation, reflecting the physical, emotional, and financial impacts of the incident. Compensation can cover medical expenses, lost wages, pain and suffering, loss of quality of life, and, in some cases, punitive damages intended to punish egregious negligence.

Factors Influencing Compensation

Several factors can influence the amount of compensation you may receive from a truck accident claim. These include the severity of your injuries, the extent of property damage, the clarity of fault in the accident, and the limits of coverage stated by the insurance companies. Additionally, your own role in the accident, if any, can affect compensation due to Indiana’s comparative fault rules and other trucking laws applicable.

Legal Steps to Maximize Your Claim

Maximizing your compensation after a truck accident involves several critical legal steps:

1. Gather comprehensive evidence: Collect all available evidence from the accident scene, including photos, witness statements, and reports related to truck safety violations.
2. Seek medical attention: Document all injuries and treatments to establish the full extent of your medical expenses.
3. Consult with a truck accident lawyer: An experienced attorney at Christie Farrell & Lee Bell can navigate the complexities of truck accident claims, ensuring that all potential sources of compensation are pursued.
4. Negotiate with insurance companies: Skilled legal representation is crucial in negotiations to avoid settling for less than the full value of your claim. In some other cases, you may also need to sue your insurance company (even if the other driver was at fault).
5. File a lawsuit if necessary: If a fair settlement cannot be reached, filing a lawsuit may be the next step to secure the compensation you deserve.

As your legal representatives in personal injury, we’re dedicated to walking you through the required steps to accurately value your truck accident claim and secure the compensation you are owed.

Truck Accident Statistics

Truck accidents in Fort Wayne and across Indiana remain a significant safety concern. As of recent data from the Indiana University Public Policy Institute, the number of severe traffic accidents continues to rise, with trucks playing a notable role in statewide collision data. In 2022, Indiana saw 964 traffic fatalities, marking a ten-year high, with trucks often involved due to their size, difficulty maneuvering, and susceptibility to serious accidents when things go wrong.

• Speed-related accidents: The 2022 data reveals that speeding was a contributing factor in nearly 9% of all collisions, with trucks often unable to stop as quickly as smaller vehicles, leading to severe injuries in accidents where speed was involved.
• Non-urban accident fatalities: Truck collisions are notably deadlier on rural or suburban roads. Compared to urban areas, non-urban stretches like those surrounding Fort Wayne see higher rates of fatal truck accidents. The increased speed limits and the less predictable driving conditions in these areas contribute to the increased risk.
• Impaired driving: Although more frequent in passenger vehicle accidents, impaired driving among truck drivers is especially dangerous due to the sheer size and weight of these vehicles. The Institute’s findings emphasize that any substance impairment, combined with a large vehicle like a truck, is particularly hazardous for other drivers on the road.

What Kinds of Damages Can a Fort Wayne Truck Accident Attorney Get for You?

In truck accident cases, victims may seek a variety of damages to cover the extensive costs and suffering that often accompany these incidents. Truck accidents frequently result in catastrophic injuries, requiring long-term or even lifelong care, in addition to immediate medical expenses. Here are some of the key areas of compensation available:

1. Medical expenses: This includes not only the immediate costs of emergency care but also any future medical needs. Physical therapy, surgeries, and specialist visits add up quickly after a truck accident, especially if injuries are severe.
2. Lost wages and earning capacity: When a truck accident results in long recovery periods or permanent disabilities, lost wages become a significant area of compensation. In cases where injuries prevent victims from returning to work at full capacity, damages may also cover the diminished earning capacity.
3. Pain and suffering: Physical pain and emotional distress following a severe accident are often life-altering. Damages for pain and suffering compensate victims for the less tangible, yet equally devastating, emotional toll that truck accidents take.
4. Property damage: Beyond personal injuries, truck accidents typically involve substantial vehicle damage. Compensation can cover repair or replacement costs for vehicles and any other property affected by the accident.
5. Punitive damages: In cases where the trucking company’s conduct was grossly negligent, such as allowing unfit drivers or knowingly ignoring safety violations, punitive damages may be available. These damages are meant to penalize the company for its reckless disregard for safety.

An attorney at our law firm can help identify all avenues for compensation and ensure nothing is overlooked, enabling you to recover fully and move forward after a devastating truck accident.

Contact us today and let us help you demand what’s yours. Get a free consultation to know how to proceed in your personal injury case.

How Much Are Most Truck Accident Settlements?

In Indiana, truck accident settlements for minor to moderate injuries typically range from $50,000 to $100,000. Severe injuries, such as spinal cord or traumatic brain injuries, can lead to settlements from $500,000 to several million dollars, depending on the case’s complexity and long-term impact​.

Indiana Statute of Limitations on Truck Accidents

According to Indiana Code § 34-11-2-4, the statute of limitations for personal injury claims, including truck accidents, in Indiana is two years from the date of the accident. However, there are exceptions to this rule. For example, if a minor child has been injured in a truck accident in Indiana, the two-year limit starts on his or her eighteenth birthday. If you are physically or mentally disabled, the time for filing begins on the date your legal disability status is removed.

How a Fort Wayne Truck Accident Lawyer Can Help You Get Justice

At Christie Farrell Lee & Bell, we have decades of experience representing victims of truck accidents, and we know how to navigate the complex legal and regulatory landscape to ensure our clients receive the compensation they are entitled to. We have handled a large number of truck accident cases and have won multi-million dollars in verdicts and settlements for our clients. If you or a family member has been involved in a truck accident in Fort Wayne, hiring an experienced truck accident lawyer can make all the difference in the outcome of your case. Contact us today to receive a free consultation.

Our lawyers that handle these types of cases

Lee C. Christie

Katherine M. Marshall