What if the truck driver is from another state or the trucking company is based outside Indiana?

You may still pursue a claim in Indiana if the collision occurred within the state or if the defendant has sufficient business ties here. Since trucking companies often operate across state lines, they can be held accountable in the jurisdiction where the crash happened. A lawyer can determine the proper venue and guide you through the involved legal requirements.

Can I still recover compensation if I was partially at fault for the truck accident?

Possibly. Indiana follows a modified comparative fault rule that allows recovery if your share of blame is not greater than 50%. However, any compensation you receive will be reduced by your percentage of fault. A swift evaluation of the facts can help challenge unfair fault assessments and protect the value of your claim.

How is the value of a truck accident claim determined?

Indiana truck accident claim values depend on medical costs, lost income, pain and suffering, and the degree of fault. Injury severity and available insurance coverage strongly influence the final amount. Catastrophic injuries may lead to settlements reaching several hundred thousand dollars or more. Claims involving minor injuries often resolve for significantly less, but can still result in a settlement within a lower five-figure or mid-five-figure range.

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Lake County Trucking Accident Lawyer

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

Most truck accident lawsuits in Indiana must be filed within two years of the crash. This deadline applies to claims for injuries, property damage and wrongful death. It is crucial to have an attorney begin an investigation as early as possible to protect your rights and preserve vital evidence such as black box and other electronic data.

Q: Should I speak with the trucking company’s insurance adjuster before hiring a lawyer?

No. It generally does not serve your best interest to speak with the adjuster before obtaining legal representation. Insurers often seek statements that minimize the trucking company’s liability or shift blame to the injured person. An attorney can manage all communication, safeguard your rights and prevent the insurer from using your words against you.

Truck accidents can cause devastating injuries because of the size and weight of commercial trucks. These crashes can also involve complicated insurance issues and trucking rules. A trucking accident lawyer can investigate what happened, identify who may be responsible and pursue compensation for your injuries and losses.

At Miller Sachs & Hess, PC, we have extensive experience representing truck accident victims in Crown Point and throughout Northwest Indiana. We are one of the oldest law firms in the area, and our thoughtful, caring approach sets us apart. Our trucking accident lawyers have consistently earned awards and recognition for their high-quality work. You can benefit from our team’s 100-plus years of collective experience handling challenging cases.

How A Trucking Accident Lawyer Can Help

There is rarely such a thing as a minor truck accident. When a truck collides with a car, another truck, a motorcycle, a bicyclist, a pedestrian, a bus or a train, people involved in the crash may suffer serious injuries.

Our attorneys can:

Investigate how the accident happened
Identify people or companies that may be responsible
Gather and preserve important evidence
Communicate with insurance companies
Pursue compensation for your injuries and losses

From our law offices near the intersection of Highway 41 and U.S. 30 in Northwest Indiana, we are continually aware of the hazards of truck accidents. Trucks used for shipping goods spend a great deal of time traveling through the region on major highways, including I-80, I-94, I-65, U.S. 30 and U.S. 41.

We serve clients throughout Lake and Porter counties, as well as LaPorte, Newton and Jasper counties.

Common Causes Of Trucking Accidents

Truck accidents can occur for many reasons. Common causes include:

Truck driver fatigue
Distracted driving
Driving under the influence (DUI/DWI)
Speeding
Improper loading
Mechanical failures
Poor road conditions

Identifying the contributing factors is crucial in building a strong truck accident case. Our team will work diligently to investigate the accident and collect evidence.

How Truck Accident Claims Differ From Car Accidents

Truck accident claims are more complex than car accident claims. Depending on what caused the crash, the truck driver, trucking company, truck owner or leasing company, loading company, maintenance provider or truck manufacturer may have a role.

These cases may also involve several insurance policies, trucking rules and records held by different companies. Identifying who was involved and understanding each party’s role can clarify how the crash happened and who may be responsible.

Investigating A Truck Accident

Our attorneys may examine evidence such as:

Electronic logging device (ELD) records, which can show information about a driver’s hours on the road
Black box or event data, which may provide information about the truck’s operation before a crash
Maintenance and inspection records
Driver qualification files
Cargo and loading records

Federal Motor Carrier Safety Administration (FMCSA) rules limit how long commercial truck drivers can drive without required rest. Indiana also has rules governing the weight of commercial vehicles. Evidence about these requirements may be important when investigating a crash.

The available evidence may show whether the driver followed required procedures, whether the truck received appropriate maintenance and whether the cargo complied with applicable loading requirements. If a driver or trucking company violated a rule and that violation contributed to the crash, it may be important evidence when determining who was responsible.

The trucking company or another party may hold important evidence. Prompt action can therefore matter. When appropriate, an attorney can send a letter asking the trucking company or another party to preserve important electronic records and data before they are lost or overwritten. This is sometimes called a preservation or spoliation letter.

Steps To Take Following A Truck Accident

Getting into a collision with a truck is every driver’s worst nightmare. If you are involved in a truck accident, take these steps to protect yourself:

Get to safety and call 911.
Seek medical attention as soon as possible.
Document the accident if you can safely do so, including photographs and witness information.
Keep your medical and accident records.
Talk with a trucking accident lawyer before making statements to an insurance company.

An attorney can explain what information you may need to provide and communicate with the insurer on your behalf.

Compensation After A Truck Accident

A serious truck accident can leave you facing medical bills, lost income and a long recovery. If a loved one was injured or killed, your family may also face significant financial and emotional losses.

As with other types of personal injury cases, you may be able to seek compensation after a trucking accident for losses such as:

Medical bills
Lost income
Scarring and disfigurement
Pain and suffering
Property damage

If you lost a loved one in a fatal truck accident, you may be able to seek compensation through a wrongful death claim. The types of compensation available depend on the circumstances and Indiana law.

Potentially Liable Parties In A Trucking Accident

Multiple parties could be liable in a trucking accident, including:

The truck driver: The driver could be legally responsible if their actions contributed to the accident, for example, if they were speeding, driving under the influence, fatigued or violating traffic laws.
The trucking company: The company that owns the truck or employs the driver may also be liable. This liability can arise from failing to properly train or supervise their drivers, failing to conduct adequate background checks or pushing drivers to meet unrealistic schedules that lead to tired or overworked drivers. Additionally, employers are liable for the actions of their employees during the scope of employment, which means even a nonnegligent employer can be on the hook.
The truck manufacturer: If the accident was caused by a mechanical failure that can be traced back to the design or manufacturing of the truck, the manufacturer might be held liable under product liability principles. This includes issues like defective brakes, engine problems or safety features that did not work as intended.
The loading company: Companies responsible for loading the truck’s cargo can be liable if an improper load contributed to the accident. This can include situations where the load was not secured properly, was not properly balanced or exceeded weight limits, all of which can affect the truck’s handling and safety on the road.
Maintenance providers: If the accident was caused by a failure to maintain the truck properly, the service providers tasked with its maintenance could be held responsible. This includes failures to perform routine checks, repairs and replacements of crucial parts like brakes, tires, and lights.

Failure to pursue the right parties in a trucking accident can lead to incomplete or unsuccessful claims for compensation. We conduct detailed investigations to pinpoint all parties who may be liable.

Frequently Asked Questions About Indiana Trucking Accidents

Truck accident cases in Indiana are often more complex than many expect. The answers below address some common questions that may arise after a truck accident.

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

Indiana generally requires personal injury lawsuits to be filed within two years after the legal claim arises. The exact deadline can depend on the circumstances of the case, so it is important to speak with an attorney as soon as possible.

What if the truck driver or trucking company is from another state?

You may still have a claim in Indiana if the accident occurred here, even if the truck driver or trucking company is based in another state. Where a case can be filed depends on the circumstances.

Can I recover compensation if I was partly at fault?

Possibly. Indiana law may allow you to seek compensation even if you share some responsibility for an accident. However, your percentage of fault may reduce the compensation you receive.

Should I speak with the trucking company’s insurance adjuster?

Before providing a statement, consider speaking with an attorney. An insurer may use information from your statement when evaluating responsibility for the accident or the value of your claim.

Contact A Lake County Trucking Accident Lawyer

Important evidence in a truck accident case may be held by a trucking company or another party. Electronic records, including black box data, can disappear or get overwritten. Prompt legal action may give your attorney an opportunity to request preservation of this evidence.

If you or a loved one suffered injuries in a truck accident, contact Miller Sachs & Hess, PC, to discuss your case and legal options. Call 219-227-4259 or complete our online intake form to schedule an initial consultation.