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Injury Law Firm Helping Truck Accident Victims In Indiana

Being involved in any form of motor accident is a scary concept and one which is heightened when we add trucks into the equation. The larger size of these vehicles means that an accident can have catastrophic consequences for everyone involved, and the injuries sustained may change your entire life.

Accessing the right advice as soon as possible is essential in these types of cases; an experienced truck accident attorney will have the skills and knowledge you need to proceed and be able to inform you of the rights you have and the steps you may be able to take.

What Counts As A Truck?

According to Indiana law, a large truck is defined as any vehicle which is:

Single 2 axle, 6 tires
Single 3 or more axles
Truck/trailer – not a semi
Tractor – cab only, no trailer
Tractor/ one semi-trailer
Tractor/ double trailer
Tractor/triple trailer

This covers a wide range of vehicles, but the core message is the same: these vessels are large, heavy, and have the potential to cause significant damage if they are not operated correctly and with due care.

What Are Common Serious Trucking Accidents?

If you’re involved in a collision with a commercial truck, the consequences are often far more devastating than typical car accidents. These aren’t minor fender benders or door dings that you can easily repair.

The sheer size and weight of trucks – sometimes exceeding 80,000 pounds – create forces that passenger vehicles can’t withstand. Serious truck crashes include:

Rollover accidents where trucks tip onto their sides or roofs
Jackknife incidents when trailers swing perpendicular to the cab
Underride collisions where smaller vehicles slide beneath trailers
Head-on crashes causing catastrophic damage
T-bone accidents at intersections
Multivehicle pileups involving trucks

These severe accidents often result in life-altering injuries requiring extensive medical treatment and rehabilitation. Our skilled truck accident lawyers understand the profound impact these collisions have on victims and their families.

How Do Trucking Accidents Occur?

There are a number of reasons you may find yourself caught up in a truck accident. Some of the most commonly reported causes include:

Defective parts in the truck: If any aspect of the truck is faulty or defective, it can cause the vehicle to fail, and this can cause an accident.
Improper maintenance of the truck: As with all vehicles, trucks need to be properly maintained and regularly checked according to industry standards and requirements. Any truck which has failed to complete the mandatory checks could potentially be a danger on the road and is more likely to be involved in an accident.
External factors: In some cases, extreme weather such as high winds or heavy rain can impact the ability of the driver to operate the vehicle safely, thereby causing an accident.
Driver negligence: Drivers who are distracted, too tired, speeding, using a cellphone or under the influence of alcohol or drugs are a danger to other road users. This is only exacerbated when we take into account the huge mass and weight involved in a truck.
Failure to adhere to regulations: There are systems and minimum standards put in place by the government to reduce the possibility of a trucking accident, but these are always in danger of abuse from an unscrupulous trucking company. Most trucks will have strict weight and capacity limits, and it is important that these are adhered to in an effort to ensure safe operation of the truck and limit the chances of an incident. In Indiana, the following restrictions apply:
Maximum possible gross weight: 80,000 pounds
Maximum single axle weight: 20,000 pounds
Maximum tandem axle weight: 34,000 pounds
Maximum tri-axle weight: 50,000 pounds
Maximum wheel weight: 800 pounds per inch of tire width

If a truck is overloaded, or the items have not been stored or secured correctly, accidents can occur. A truck that is too heavy will also have issues with braking and accelerating, and this can cause problems with the reaction time of the driver and negate their safe stopping distance.

What Are The Consequences Of A Trucking Accident?

Being involved in a trucking accident has the potential to be fatal due to the larger size of the vehicle involved. Severe, life-changing injuries can be sustained by victims, including:

Spinal cord injuries
Traumatic brain injuries
Bone and facial fractures
Partial or complete paralysis
Facial disfigurement
Coma
Death

What Can I Do If I Am Involved In A Trucking Accident in Indiana?

If you find yourself the victim of an accident involving a truck, the first step is to make sure all those involved are safe and swap information with any other drivers involved such as driver’s license and insurance details – this is a legal requirement in Indiana. In the event that the accident results in property damage worth over $1000, or injury or death to any party involved, you are legally obligated to report the incident to the police within 10 days.

Your next step should be to contact a qualified personal injury attorney in Highland who has previously worked in this area. They will be able to advise you on how to proceed moving forward.

What Is The 51% Rule?

Most accidents involving trucks fall under the law of negligence, as this is the most common cause of accidents. In short, negligence occurs when a motorist breaches his legal duty to drive with reasonable care. If they are negligent and an accident arises, they are deemed to be “at fault,” defined as being “an act or omission that is negligent, willful, wanton, reckless, or intentional toward the person or property of others.”

Indiana generally operates under a 51% rule; if the person bringing the claim is found to be 51% or more at fault for the accident, they are barred from recovering any financial compensation from the other parties at fault in the accident. In the event that the party is found to be 50% at fault or less, financial losses can be recovered, but the damages awarded are reduced according to the percentage they are deemed legally “at fault.”

Stricter laws apply when a claim is brought against a governmental entity or school. If a person who brings a claim against such entity caused or contributed to his own injuries at all, then he will be barred from recovering any damages.

Frequently Asked Questions About Truck Accidents

Truck accidents can be complex and overwhelming for victims. Our team at Hilbrich Law Firm provides clear, comprehensive information to help you understand your rights and options after a trucking incident in Indiana.

What are the most dangerous types of trucks?

Trucks with multiple trailers, particularly tractor/double or tractor/triple trailer combinations, pose the highest risk. These larger vehicles have increased stopping distances, more significant blind spots and greater potential for catastrophic damage during an accident. Trucks carrying hazardous materials or oversized loads also present heightened dangers due to their weight and potential for complex cargo-related incidents.

What is the statute of limitations for truck accidents in Indiana?

In Indiana, the statute of limitations for personal injury claims resulting from truck accidents is two years from the date of the incident. This means you have a limited window to file a legal claim for compensation. Failing to take action within this time frame can result in permanently losing your right to seek damages for your injuries and losses.

Is Indiana an at-fault state?

Yes, Indiana operates under an at-fault system for vehicle accidents. This means the person responsible for causing the accident is liable for the resulting damages. Our lawyers work diligently to prove the other party’s negligence while determining the potential impact of Indiana’s comparative fault rules that could affect your compensation if you’re found partially responsible.

How much is my truck accident case worth?

The value of a truck accident case varies widely depending on several factors, including the severity of injuries, medical expenses, lost wages, property damage and long-term impact on your life. Compensation can range from thousands to potentially hundreds of thousands of dollars.

How is fault determined in a truck accident?

Fault is typically determined through a comprehensive investigation involving police reports, eyewitness statements, medical records, vehicle inspection reports, driver logs and expert testimony. Indiana follows the 51% rule, meaning you can recover damages if you are found to be 50% or less at fault for the accident.

How long is the truck accident claims process?

The timeline varies significantly based on the complexity of the case, injury severity and whether settlement is possible. Simple cases might resolve in months, while complex litigation can take one to two years. We strive to move your case efficiently while securing maximum compensation for your injuries and losses.

How do I know if I have a case?

You likely have a valid claim if you suffered injuries in a truck accident caused by someone else’s negligence. Important factors include clear liability, documented injuries and filing within Indiana’s two-year statute of limitations. Our lawyers can evaluate your situation during a free consultation to determine if pursuing a claim is in your best interest.

Why do I need a truck accident lawyer?

Truck accident cases are significantly more complex than standard car accident claims. They involve multiple potentially liable parties, including truck drivers, trucking companies, vehicle manufacturers and insurance providers. A specialized truck accident lawyer understands the intricate regulations governing the trucking industry, works to protect your rights and fights to maximize your potential compensation. Hilbrich Law Firm brings extensive experience in handling these challenging cases, supporting you through the legal process.

How Do I Prove Fault?

In some cases, proving fault is straightforward; there may be eyewitness statements, police reports, medical records, and photographic or video evidence. Fault can also be presumed by a judge if the situation seems clear.

In some cases, however, proving fault can be tricky. If left unchallenged this can impede your ability to claim damages and compensation you would otherwise be entitled to. Here at Hilbrich Law Firm, we have worked on a multitude of claims involving trucking accidents, and our team has the knowledge you need to proceed. Get in touch today at 219-444-4330 and let us help you take the first steps toward securing justice.