Our Truck Accident Lawyers Fight for Justice After a Semi Crash
Few collisions are as devastating as truck accidents. The impact from a speeding two-ton vehicle can cause irreversible damage, high medical bills, inability to work, or even the loss of a loved one.
If you have experienced an 18-wheeler crash in Indiana, you’re probably wondering what to do next. The experienced Indiana truck accident attorneys at Tuley Law Office are here to clear up some misconceptions about these crashes and help victims get justice after a serious wreck.
Why Are Truck Accidents Different From Other Types of Crashes?
The weight and size of commercial vehicles, as well as the complexity of the trucking industry, set semi accidents apart from other crashes. Truck wreck cases differ from car accidents because they require a deep understanding of commercial trucking regulations, industry standards, and liability issues.
Attorneys with truck accident experience can more effectively represent clients in these complex cases. We constantly work to negotiate a settlement with the liable party. If we cannot agree on a fair settlement offer, we are prepared to take your truck crash case to court.
Here are some key factors that make truck accidents unique:
- Complex liability. Truck crash cases often involve multiple parties, including the trucker, trucking company, vehicle manufacturer, and maintenance contractor. Determining liability in these cases is complicated and may require thorough investigation.
- Insurance coverage. Commercial trucking companies typically carry higher insurance coverage limits than individual motorists due to the potential for significant damages. Navigating insurance claims and negotiating settlements in truck accident cases may involve dealing with multiple insurance companies and policies.
- Severity of injuries and damages. A loaded tractor-trailer weighs several times more than a car, making drivers and passengers vulnerable to severe injuries or fatalities in truck accidents.
- Regulatory compliance. The trucking industry must comply with federal and state regulations governing driver qualifications, service hours, vehicle maintenance, and cargo loading. Violations of these regulations can affect liability and give rise to negligence claims.
Black boxes. Some commercial trucks have on-board event data recorders (EDRs), commonly known as “black boxes.” These devices can provide valuable data about the truck’s speed, braking, and other factors leading to an accident. An attorney may help get the trucking company to share black box data.
Is the Trucking Company at Fault?
When you are involved in a crash, determining liability is essential to winning the case, but it also affects the compensation you receive. Indiana is an at-fault state, so the negligent driver’s insurance company is expected to pay for the victim’s expenses. If the victim is partially to blame, the court will reduce their settlement or judgment by their percentage of fault. Trucking companies have a financial interest in reducing their portion of fault—even if it means blaming you for the crash.
Other parties that could be at fault in a truck accident include drivers of other vehicles, manufacturers of defective truck parts, and government entities for negligent road conditions (such as potholes and inadequate signage). The best way to determine liability is to have a thorough investigation by legal professionals who understand trucking regulations and industry practices.
An investigation into the trucking company could help prove liability, especially after a crash involving:
- Negligent hiring or training. If the trucking company fails to screen or train its drivers properly, it may be liable if negligence contributed to the crash. For example, hiring a driver with a history of traffic violations or insufficient driving experience could indicate company negligence.
- Violations. If the company or its drivers violated federal and state regulations and the violations contributed to the accident, it may be evidence of the company’s liability.
- Maintenance issues. Poor maintenance can lead to mechanical failures, such as brake or truck tire malfunctions, which may cause accidents. If the trucking company fails to properly inspect, maintain, or repair its vehicles, resulting in a crash, it could be liable for negligence.
- Improper loading. Improperly securing a truck’s cargo can affect its handling and stability, while overloading a truck can increase its stopping distance and force of impact.
- Negligent supervision. If the company knew or should have known about unsafe driving practices or violations by its drivers but failed to take corrective action, it could be considered negligent.
- Evidence from records and documentation. Examination of the trucking company’s records, including driver logs, maintenance records, GPS data, and dispatch instructions, may reveal patterns of negligence or non-compliance that contributed to the accident.
What Is My Truck Accident Case Worth?
There are two types of compensation in a truck accident settlement: economic and non-economic. Economic damages include calculable losses, such as hospital stays, ongoing medical care, physical therapy, funeral and burial expenses, loss of past and future earnings, and increased household expenses.
Non-economic damages are more challenging to quantify. They compensate victims for their emotional distress, pain and suffering, loss of companionship, and lost quality of life. The exact amount you could receive for non-economic damages depends on the specifics of your case, such as the extent of your suffering and the degree of the trucking company’s negligence.
Get Help Now from an Indiana Truck Accident Attorney
Calls from insurance agents and low settlement offers can make the recovery process impossible to navigate alone—especially as hospital bills and repair costs pile up. If you or a loved one has been involved in a truck wreck, we can help you prepare an investigation, protect your right to compensation, and represent you in court if necessary.
Best of all, Tuley Law Office collects legal fees for injury cases on a contingency basis, meaning you won’t owe us anything until your case is won. Contact our team today to tell us about the collision and see how we can help.