Indianapolis Personal Injury Lawyer Truck Accidents

truck accident lawyer

Indianapolis Truck Accident Attorney

On the Side of Truck Accident Victims Since 1993

An accident with a semi-truck, box truck, or another commercial vehicle is an unfortunate common cause of injury and death on Indianapolis roadways, which is why you need a truck accident lawyer to help you get justice. The most tragic part is how often these incidents are preventable.

Whether the driver of a commercial vehicle is negligent or deliberately behaving unsafely, the consequences are equally devastating for all involved and injured in a trucking accident. Sometimes the trucking company is the one being negligent or malicious if trucks are not maintained or truck drivers don’t get the rest they need.

To learn more about how an Indianapolis truck accident lawyer can help, call Christie Farrell Lee & Bell at 317-488-5500 for a free case evaluation.

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Lee Christie is a partner with Christie Farrell Lee & Bell and a lifelong Indiana resident. He has trial experience in both federal and state court and is a frequent lecturer on personal injury.

Truck Accidents

Dedicated Legal Advocates

Why Hire a Truck Accident Lawyer?

Experienced truck accident attorney, Lee Christie, who has won several truck accident cases for his clients for millions of dollars, explains that if you have been involved in a semi-tractor collision, it is a serious matter. Insurance companies and truck companies have teams that are out on the scene immediately interviewing witnesses, gathering evidence, destroying evidence, or preserving evidence. So you need an attorney that’s going to have a team of their own team of accident reconstructionist investigators. We’ll get out to the scene because all semi-tractors have black boxes and there’s an amazing amount of data that’s available on the black box or the electronic control module.

At Christie Farrell Lee & Bell, we are members of several trucking litigation groups with the American Association of Justice. We are members of the Association of Trucking Accident Attorneys. Lee Christie has been a member of both of those organizations for over 10 years and specializes in trucking and semi-tractor collisions. If you have been involved in a truck accident, time is of the essence. You need to contact Lee at Christie Farrell Lee & Bell, and we will get a team immediately on your personal injury case to make sure that you are fully protected. We have won several large multi-million trucking accident verdicts and settlements with our knowledgeable litigation team, a few of those results are listed here:

Timeframe to File a Claim After a Truck Accident

Filing a personal injury claim, within a specific period known as the “statute of limitations” is an important factor in any lawsuit. The statute of limitations on most any personal injury claim in Indiana is two years, per Indiana Code § 34-11-2-4(1). Failure to submit your claim within this timeframe may lead to the forfeiture of your right to receive compensation.

How Common Are Truck Accidents in Indiana?

Over 16,000 people had an accident with a commercial vehicle in Indiana in 2017. These truck and commercial vehicle collisions included 16% of all fatal traffic collisions in Indiana, claiming 152 lives. Most shockingly, there was a 21% increase in Indiana commercial vehicle collision fatalities from 2016 to 2017.

Why? Almost 94% of these accidents were related to the behavior of one or more drivers involved. Here are the most common behaviors by truck drivers that led to catastrophic injuries:

Unsafe lane movement: 2,774 (19.5%)
Following too closely: 2,302 (16%)
Unsafe backing: 1,542 (11%)
Improper turning: 1,183 (8%)

An Indianapolis truck accident lawyer at Christie Farrell Lee & Bell is committed to helping victims regain peace of mind and move forward in life. Call 317-488-5500 today to get started.

How Are Truck Accidents Different From Car Accidents?

Any accident on the road can be a scary and life-changing experience. However, accidents involving trucks are especially dangerous and difficult for a variety of reasons. Trucking accidents are often much more violent, are caused by different conditions, and are handled differently in court due to federal regulations. Those operating the trucks can be negligent in different ways than a passenger driver. No one knows this better than an Indianapolis truck accident lawyer at Christie Farrell Lee & Bell with over 120 years of combined experience. Let’s take a look at three big differences between a car accident and a trucking accident in Indiana.

Trucking Accidents Cause Greater Damages

Obviously, every accident is unique. However, across the board, trucking accidents have the ability to cause a much greater level of damage and permanent disability than those involving regular-sized automobiles. In early 2020, a truck driver on I-65 looked away to put down his coffee cup. He did not see the backed-up traffic in front of him and crashed into the stopped line of cars, killing three people, and injuring 14. This driver’s negligence may have been the same as in other accidents, but the impact was far more deadly and damaging due to the size of the truck.

Trucks are much heavier than cars, and the impact of a 3,700-pound sedan versus an 80,000-pound semi-truck barreling into another vehicle can be far more severe. In 2018, 4,136 people died as the result of large truck crashes, a 31 percent increase from the lowest count of deaths in 2009. Even beyond the damage to other vehicles, the injuries received from trucking accidents can be much more severe.

Though any injury is possible during an accident, some common forms of trucking accident injuries are:

Trucking Accidents Have Different Causes

Operating a semi or other large truck is different than driving a car. Although many accidents are due to negligence on one party’s side, the fact is that the reasons for trucking accidents are often unique.

Some of these may include:

Careless driving
Improper cargo loading
Difficulty breaking in close situations
Speeding in order to make a delivery on time
Improper training or certification of the operator
Distracted driving or driver fatigue due to long hours on the road

Though some smaller commercial trucks like a box truck or a heavy-duty pickup can be driven by anyone with a valid driver’s license, trucks carrying a gross weight of over 26,000 pounds need to be operated by someone with a CDL license. If these trucks are being operated by someone without the proper qualifications, a truck accident attorney in Indianapolis can use this to establish negligence in the event of an accident.

Indiana Trucking Accident Cases Have Different Regulations

Accidents involving commercial trucking are handled differently by trucking accident attorneys because of the laws and regulations surrounding them. Establishing liability in a trucking case starts with the Federal Motor Carrier Safety Regulation Act (FMCSA), which sets specific rules for routine background checks, strict regulation for hours driven in a single day, company evaluations of existing drivers, and drug and alcohol testing. If any of these are broken, an Indianapolis truck accident lawyer can use this to establish negligence. Additionally, these trucks are covered by different types of insurance policies by insurance carriers. The bottom line is that handling trucking accidents are more complex than a fender bender involving an individual driving their own car.

Trucking accidents are complex and unique, and in order to properly handle these cases, contact the experience and knowledge of a truck accident attorney. If you or a loved one has been the victim of a trucking accident, contact Christie Farrell Lee & Bell today at 317-488-5500.

Errors That Contribute to Truck Accidents

Beyond these simple behaviors of driving and following the rules of the road in Indiana, there are other factors that may cause a collision. These are more specifically related to what happened before the accident and how the driver and carrier were monitoring for quality and safety.

Commercial Truck Driver Inattention and Error

Distracted driving and driver inattention is growing rapidly on our roadways and is the cause of more and more accidents each year. Other times, collisions on Indiana interstates are caused by a lapse in judgment or a bad decision. In a national survey of 141,000 truck accidents across 17 states, the Federal Motor Carrier Administration identified that 55% of the time, the large truck involved was the cause of the crash.

They also identified four critical reasons that showed up when the truck driver was the cause of the accident:

Decision (38%–30,000 trucks): For example, the driver was driving too fast for the conditions, misjudged the speed of other vehicles, or followed other vehicles too closely.
Recognition (28%–20,000 trucks): The driver was inattentive, distracted by something inside or outside the vehicle, or failed to observe the situation adequately for some other reason.
Non-Performance (12%–9,000 trucks): The driver fell asleep, was disabled by a heart attack or seizure, or was physically impaired for another reason.
Performance (9%–7,000 trucks): For example, the driver panicked, overcompensated, or exercised poor directional control.

While these mistakes by a truck driver may not always be caused by negligence or malice, there are lots of accidents where it is suspected the truck driver or their employer was not meeting their responsibilities.

Delivery Scheduling and Carrier Oversight

After an accident with a tractor-trailer, there are many parties involved that could be responsible for the causes of the accident. Entities like a trucking company or the broker that helped the shipper hire the trucking company might also have been negligent. Even the shipper of the goods can be held liable if they knowingly hire a company that doesn’t follow truck driving laws and safety practices. This includes evaluating the driving record and past performance of the truck driver. Amazon Independent Contractors and other third-party drivers must also be evaluated to these standards. If companies knowingly hire negligent drivers, they can be considered negligent. They must also ensure drivers go through training as needed and continue to monitor their records.

Failure to Maintain or Repair a Semi

You might be surprised to learn there isn’t one central licensing or accrediting organization for mechanics in Indiana. This includes diesel and commercial mechanics. But these professionals are still under an obligation to be honest about their abilities and perform their work with care. When semi mechanics don’t maintain or repair a vehicle to industry standards, they are being negligent in their duties.

Equipment failure causing a semi-accident may also be caused by the part or equipment itself. If brake pads, hitches, tires, or other parts are not manufactured to the right standards, that may be a cause of responsibility for an injury or wrongful death. We are experienced semi-truck accident attorneys who have helped many clients after fatal truck accidents or severe injuries.

Other Types of Commercial Vehicle Accidents We Handle

Outside of the large trucks and tractor-trailers we call “semis,” there are other commercial vehicles with a duty to care about the rules of the road in Indiana. Christie Farrell Lee & Bell represents clients injured in the following types of accidents:

Bus Accidents

There were 1,949 bus accidents in Indiana in 2017, resulting in 7 fatalities and 217 injuries. In a collision with a bus, an experienced attorney would evaluate factors like the bus driver’s training and experience, the condition and layout of the roadway, and other elements and evidence to determine if negligence or malicious behavior played a role in the bus collision.

School Bus Accidents

School bus accidents are a unique class of tragedy. In 2019 Indianapolis has already experienced two such incidents when school buses collided with tow trucks and garbage trucks. With these just being in the state capital we know Indiana school bus collision victims may need legal representation any time, though we hope they never do.

Large Pickup Truck Accidents

Pickup trucks over 10,000 pounds are also often classified as commercial vehicles. This includes vehicles like tow trucks or wreckers. These drivers should hold a commercial driver’s license and follow all Indiana roadway laws.

Hazmat Vehicle Accident Victims

Around 400 Indiana commercial vehicles with hazmat placards were involved in collisions in 2017. Of that number, less than 50 vehicles released hazardous material during collisions. Sometimes hazmat release may occur even from a commercial vehicle that is not marked. In all cases, those injured by a hazmat vehicle collision in Indiana deserve an advocate in their corner.

Truck Accidents FAQ

Get Answers From Our Indianapolis Truck Accidents Attorneys

Q: What is the truck accident case process like?

A:It’s important to understand what goes into a civil case, especially a truck accident claim, before getting too far along in the process. Flashy advertising doesn’t always give an accurate picture of the process of resolving these cases. Each case is unique and will be affected by elements like insurance policy limits or accident recreation. Your Indianapolis truck accident lawyer should explain these details and other strategies in terms it is easy to understand. Part of understanding the process should also include understanding what the attorney will do to earn their fee, and what that fee will be. Communication will be key to the success of the case, so make sure you feel comfortable asking all your questions as the process is explained, and that you get answers that make you feel respected.

Q: What might be covered by my truck accident compensation claim?

A:The reasons for pursuing a lawsuit after an eighteen-wheeler accident are usually related to injury or wrongful death of someone in the accident. A life-altering injury, the loss of a career, or the absence of a family member will be carried with you the rest of your life. But damages for lost wages, medical bills, and funeral expenses are just some of the costs that can be recovered by a trucking accident lawsuit to help you move forward. While commercial vehicles are required to carry a minimum of $750,000 in liability insurance, and many carry more, the actual value of a case will be determined by the unique combination of factors and circumstances.

Q: What evidence will be needed for my case?

A:Asking about the evidence that will be needed in your truck injury case is one way to understand not only your attorney’s experience but also the strength of your insurance claim. Evidence like logbooks, maintenance records, dash cam video, or police reports may take time to obtain and explore. The attorney will also discuss other evidence that needs to be collected like eyewitness statements, social media posts, or photographs of the scene and vehicles involved. Then the attorney may hire experts to explain what the evidence means, like an accident reconstruction expert or human factors expert.

Q: What if I am partially at fault in an Indiana truck collision?

A:Indiana is a comparative fault state, meaning you can still seek damages from insurance providers via a personal injury lawyer even when partially responsible for an accident. Somewhat contributing to the cause of the collision doesn’t necessarily prevent you from seeking damages to cover resulting medical bills and other expenses. The legal standard in Indiana is if you are 50% at fault or less, you still get to recover in proportion to your own percentage of negligence. This is because the truck driver negligence was greater than yours.

Q: Why do I need a truck accident attorney?

A:Indianapolis trucking accident injury lawyers need to have legal experience in the trucking industry and equipment involved than an attorney only handling Indiana car accident injuries. It’s important to feel confident, after the emotional distress, that your attorney knows what next steps and approaches will advance your best interest in order to get you the maximum compensation. You can develop this confidence by asking about their experience against trucking companies and other parties like shippers and brokers. Only attorneys that truly specialize in handling truck wreck cases have the savvy and insight to stand up to the company’s legal teams. This experience will show in their answers and the outcomes of their cases.

Q: Will I need to go to court for my truck accident case?

A:It depends. The vast majority of personal injury cases, including those involving truck accidents, end up being resolved in the form of an out-of-court settlement before a lawsuit is ever filed. Generally speaking, your case will only need to go to court if the responsible party's insurance company fails to offer you an amount that fully compensates you for your injuries, or if there is a substantial dispute about who is liable for the fatal crash. While a trial is not always necessary, our attorneys prepare every case as if it were going to trial to give our clients the best possible leverage during the settlement negotiation process.

Q: How long do I have to file a truck accident lawsuit in Indiana?

A:Under Indiana law, you have two years from the date of your trucking accident to file a civil lawsuit against the responsible party. In most cases, once this deadline expires, you no longer have the right to file a claim. This deadline may be extended in rare circumstances, such as if the injured plaintiff is a minor child, disabled, or if the plaintiff dies within the initial two-year period. Since it can easily take two years to investigate a trucking accident, identify at-fault parties, and collect evidence, it is critical you get an Indianapolis truck accident lawyer involved as soon as possible after a collision. An experienced law firm can offer legal counsel for their personal injury claim to help with any financial losses.

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Professional, very knowledgeable, and realistic.

“From my first telephone conference with Mr. Christie to the settlement of my case, I found Lee and his office staff to be professional, courteous, and extremely helpful. Mr. Christie is professional, very knowledgeable, thorough, and realistic.”

Debi W.-

Simply the best.

“Tina Bell is the best. She continued to pursue the case resulting in an agreeable settlement.”

J. Humphreys-

Truly kind and had best interest at heart.

“Lee Christie represented my parents after an auto accident and he was wonderful! He always answered any questions or concerns we had and I would recommend him to anyone!”

Susanne S.-

Very compassionate & caring in a stressful situation.

“Lee Christie and Jill DuVall were very compassionate and caring in a stressful situation. They always answered our questions promptly, sometimes very late in the evening.”

Cheryl W.-

I felt a huge weight lifted from my shoulder.

“They were professional, yet very personally involved in our case. After hiring them, I felt a huge weight lifted from my shoulder so I concentrate on taking care of my husband.”

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