Truck Accident Lawyers in Terre Haute Recovering Maximum Compensation For 18-Wheeler Injury Victims in Indiana
If you have been involved in a collision with a big rig, you most likely are still trying to recover from your truck accident injuries, as well as deal with emotional distress as you worry about how you will provide for yourself and your family.
One of the best steps to protect yourself after being involved in a truck accident case is to hire a knowledgeable attorney. You need a truck accident lawyer who is not afraid to stand up to the insurance company and will fight to recover a settlement in your best interests.
Contact McGlone Law of Terre Haute, Indiana to learn how we can assist you with a truck accident lawsuit.
What Causes Most Tractor Trailer Accidents?
Although a semi-truck accident may be attributed to several factors, one of the most common is driver error. Federal Motor Carrier Safety (FMCSA) regulations are meant to keep drivers from operating commercial trucks while fatigued. Unfortunately, trucking companies often push drivers to ignore safety regulations and exceed the specified amount of time they are allowed to drive. This results in large trucks being involved in serious accidents with smaller vehicles that could have been prevented.
Other causes of commercial vehicle accidents include:
- A truck driver is under the influence of drugs or alcohol
- An employer failing to ensure the driver has proper training
- Speeding or reckless driving
- Improperly loaded cargo
- Defective or worn-out tires
- Equipment failure
- Failure on the part of the trucking company to perform proper maintenance
- Manufacturer defects
- Dangerous weather conditions
What Types of Damages Can Be Recovered in Truck Accidents
Truck accident victims may be able to recover both economic and non-economic damages after they have been involved in a crash. Economic damages are awarded to reimburse accident victims for money they have had to pay out of pocket.
Economic damages in truck accident claims may include:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Property damage
Non-economic damages are subjective and based on the unique facts and circumstances of your case. They may include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Permanent disfigurement and scarring
If a loved one died due to a fatal injury sustained in a truck accident, your family might also be able to recover damages related to funeral and burial expenses, along with other forms of financial compensation.
Who is Liable Truck Accident Cases?
In some instances, it can be challenging to determine who is at fault for accidents involving commercial vehicles. For example, often multiple liability issues involve an independent contractor who operates a privately owned vehicle but is leased to a trucking company.
Our truck accident attorneys are passionately committed to assisting injury victims to recover justice and peace of mind after an accident and will stand by your side throughout the legal process.
McGlone Law is a firm dedicated to assisting injury victims with the liability issues that often accompany commercial truck accidents. Our lawyers have the knowledge and skill to determine who is at fault and who should be held accountable for their negligent actions or inactions.
Commercial Vehicle Accidents in Indiana: Employer Liability and Federal Regulations
Accidents happen every hour of every day across our country. Even when standard-size vehicles are involved, the results can be devastating. The results can be deadly or catastrophic if a commercial vehicle is involved. The sheer size and weight of these vehicles can quickly turn what may have been a simple fender bender into a life-threatening situation.
Commercial vehicles include semi-trucks, buses, pickup trucks over 10,000 pounds, and more. The drivers of commercial vehicles can also get hurt, but typically, the drivers of the cars they come in contact with suffer the most injuries or risk of death.
Indiana law states that “a law enforcement officer shall investigate each motor vehicle accident that results in any of the following: the injury or death of a person or total property damage to an apparent extent of at least $1,000.” This helps law enforcement and the Indiana Criminal Justice Institute to gather necessary information on accidents to better research safety issues and address them across the state.
Who is Liable for an Accident Involving a Commercial Vehicle in Terre Haute?
Suppose you are in an accident with another car while on your way to work. In most cases, you would trade information and report the accident, and you and the other person are typically the only two parties involved.
When you are in an accident with a commercial vehicle, multiple parties may be liable for the damages. The driver of the car, if they exhibited negligent behavior, would be found liable to a certain extent based on their behavior. Other parties that you may not have considered may also be liable, such as the vehicle’s owner, the truck’s manufacturer or auto parts used on the vehicle, and, in some cases, the cargo shipper or loader of the items transported in the commercial vehicle.
When the Employer is Liable
Why would the employer be liable for an accident one of their employees caused? Employers may be responsible if they have failed to inspect the vehicle properly if they have failed to require their employee to complete driver training, and more.
Employers are held to the standard of Motor Carrier Service, a branch of the Indiana Department of Revenue that regulates motor carrier companies, commercial vehicles, and more. Additionally, employers must adhere to the regulations set forth by the Federal Motor Carrier Safety Administration, FMCSA.
The FMCSA has many requirements for commercial vehicles, such as inspection tests, adequate driver’s training, background checks, limits on drive time, physical examinations, and more.
How Do FMCSA Laws Pertain to Liability?
Due to the strict regulations set in place by the FMCSA, if a driver is in an accident and is found to violate one or more of the regulations, this can contribute to their negligence in the personal injury case.
Suppose the driver is under pressure from their employer to meet deadlines, speeding to the next location or driving more hours than legally allowed by the FMCSA. In that case, this can typically be determined, and the employer would share in liability for the accident.
For example, to help avoid driver fatigue that can lead to accidents, the FMCSA has set drive time limits. These limits vary based on how many hours the truck is in operation and how many rest hours are included between shifts. The drivers must also document their hours in a drive log that can be inspected for safety concerns and to ensure they abide by the drive time limits.
Safety Hazards of Commercial Vehicles
Suppose the commercial vehicle next to you on the highway hasn’t had its required inspections completed, the brakes or tires fail, and this causes an accident. The driver may have acted negligently in not properly inspecting the vehicle as needed. The employer may share fault by not requiring consistent inspections of the vehicle.
The manufacturer of the parts may also be liable if some parts malfunction. For example, if brakes on a truck fail, though they have been adequately inspected and used, this may be a manufacturer issue. The manufacturer may be solely or partly liable for the damages in that case.
Comparative Fault
Indiana follows a comparative fault rule when determining liability after an accident. Each party will be assigned a percentage of fault after an accident, as multiple parties may act negligently.
For example, if the driver was speeding, the brakes malfunctioned, and the load shifted abruptly, causing the commercial vehicle to flip over and collide with multiple cars on the freeway:
- The drivers of all vehicles involved may be found to be partially negligent if they were speeding or distracted.
- The employer might be partly negligent if they didn’t ensure their driver was trained correctly.
- The manufacturer may be liable if it’s proven that the brakes malfunctioned and led to the accident.
- The cargo loader may be partly liable for their inability to safely load the cargo so it didn’t shift during transit.
Each party found liable would be assigned a percentage of fault, which is then used to calculate how much they are required to pay or receive in damages from the other parties involved.
Do I Need to Have an Terre Haute Truck Accident Lawyer to File a Claim?
While no law states you must have a truck accident lawyer to file an insurance claim after being involved in an accident, it is in your best interests to have legal representation. The trucking industry has teams of lawyers whose only job is to look for ways they can deny or undervalue a claim.
Our law firm knows the deceitful and unfair tactics insurance companies and lawyers often use to avoid paying large claims. Nevertheless, our truck accident lawyers are not afraid to stand up to insurers to try and recover just compensation for your injuries, medical bills, and emotional trauma.
McGlone Law of Terre Haute, Indiana is committed to assisting accident victims in their time of need. If you have a personal injury case resulting from being involved in a commercial vehicle truck accident, contact our law offices by calling 812-247-8416 and ask to schedule a free consultation with a qualified legal team member immediately.