Traffic accidents involving large trucks can have disastrous consequences. Any accident between a semi-truck and another vehicle is likely to result in serious injuries or death.
Frequently, truck drivers don’t want to bear the responsibility for the collision and risk losing their jobs. If you or a loved one has been involved in a collision with a semi-truck, you are entitled to recover compensation for your injuries. As an experienced Indianapolis truck accident attorney, I can determine whether you have a claim.
Preserving evidence after an accident is crucial, especially after a semi-accident. Reconstructing the scene can be difficult and requires an experienced professional. Proper reconstruction can mean the difference between winning and losing a case. Don’t lose important evidence by waiting. After a collision, the trucking company and its insurance company will send adjusters and investigators immediately to collect evidence in their favor.
You will need an experienced Indianapolis semi truck accident attorney who will act in your best interest and protect your rights. Live near Indianapolis? Contact our Indiana truck accident attorney Merry Fountain at Fountain Law Firm prior to signing a statement that may assign fault to you.
The insurance adjuster may say he or she needs to take a taped statement before helping you. This is not true and could damage your case.
Your recovery in a personal injury action can include compensation for your medical expenses, hospital bills, lost income, pain and suffering, future medical or physical therapy expenses, and compensation for any lost wages resulting from the accident. You may be entitled to other compensation for special losses.
As an accident victim myself, I know what you’re going through and understand that you may feel lost and unsure of who to trust. I know it’s overwhelming — where do you even start? Before I was an accident attorney, I was injured in a collision with a commercial truck. My hand was broken, and I had facial scarring and neck pain from the accident. It seemed natural to work with the insurance company. I thought it would keep my best interest at heart and help me. Unfortunately, I quickly learned that was not the case, and I promptly hired a trucking accident attorney to protect me.
Since I became an Indianapolis truck accident lawyer, it has been my goal to help others through this difficult process. I have been honored to help hundreds of people just like you settle their personal injury cases. From personal experience, I know that you are already concerned about lost wages, medical bills, transportation, etc. It can be devastating, but you don’t have to go through it alone. I will personally help you through this, and I will NOT charge a fee until your case is settled.
One of the most important aspects of an Indiana truck accident case is determining which parties can be held responsible for your losses. This will vary from case to case based on the circumstances that led to your accident, and you must file an accident claim against the correct party or parties to be successful in your case. The following are some parties who may be responsible for your losses:
According to a study by the Federal Motor Carrier Safety Administration (FMCSA), error on the part of the truck driver is the most common cause of semi-truck crashes. Truck drivers can be negligent in many ways, including the following:
If a truck driver has engaged in any of the above or another type of negligent behavior that caused your crash, he or she should be held personally responsible for your injury-related losses, and you can file a claim through his or her insurance policy or in civil court. In cases of drunk or drugged driving, a criminal case is not enough for you to be fully compensated for all your losses, so you will likely need to seek a separate claim for financial recovery. Speak to our Indianapolis truck accident lawyer, Merry Fountain, and schedule a free consultation today.
In addition to drivers themselves, trucking companies that employ drivers can often be held liable for the negligence of their employees. This is based on complicated legal principles, and I can identify when both a driver and his or her employer can be liable to obtain maximum compensation for you. Furthermore, companies may also be negligent and may lead to your crash in different ways, including the following:
When a trucking company is involved, a claim can become significantly more complex. Multiple insurance companies may be involved as well as possibly a legal team – all trying to avoid liability. As an experienced Indianapolis truck accident lawyer, I know how to take on Trucking insurance companies as well as individuals in these complicated cases.
Although in many trucking accidents, the blame is placed on the truck driver, there are other actions exhibited by other vehicle drivers that can result in an accident. Causes of these incidents include numerous factors such as:
Fatigue leads truck drivers to fall asleep, be inattentive, misjudge gaps, ignore the signs of impending dangers, panic, freeze, and under- or overreact to a situation. The
FMCSA study provides that fatigue accounted for 13% of the collisions, including 18,000 large trucks.
Commercial truck drivers in the United States must adhere to laws and regulations implemented by the Federal Motor Carrier Safety Administration (FMCSA). The regulations imposed by the FMCSA are broad and come with strict attendant fines and penalties for those who do not abide by them. To help keep our highways and byways safe for everyone, the FMCSA holds all big-rig drivers on the road to strict compliance.
Semi-drivers must work within firm hour limitations as set forth by the FMCSA. Commercial drivers must limit their hours of driving to 14 hours within one period of duty and can only engage in 11 hours of uninterrupted driving, which must include a 30-minute break for every eight hours of driving. Further, the 14-hour-per-day maximum must incorporate all breaks and gas stops within those 14 hours (drivers cannot subtract break times from the time total).
These time restraints represent the basics, but restrictions can get more complicated from here. Tractor-trailer drivers face caps for their weekly driving and mandatory breaks of a minimum number of consecutive hours. Any deviation from these important restrictions can lead to penalties and fines for both the driver and the trucking company. In fact, federal criminal penalties can be brought against violators who are deemed to have broken regulations knowingly and willfully.
Federal regulations (called the “hours of service rules”) set forth rules to ensure that truck drivers obtain the necessary rest and restorative sleep in order to drive safely. Under these rules, truck drivers can work a maximum of 14 hours per day, during which time they can only drive for a maximum of 11 hours. The driver must be off duty for 10 consecutive hours prior to the start of a shift. The driver also cannot drive after being on duty for 60 hours in seven consecutive days or 70 hours in eight consecutive days. The study by FMCSA reports that pressure to continue working from the carrier accounted for 10% of the large truck accidents involving 16,000 commercial trucks.
The FMCSA implements these strict regulations for a very good reason—tired commercial drivers are dangerous commercial drivers. Because huge commercial trucks are arguably the most dangerous vehicles on the road, the FMCSA carefully enforces restrictions on how many hours truckers can spend driving. Nevertheless, the demands of trucking can be arduous, and truckers often drive under the influence of exhaustion. Semi-drivers who are tired on the job face several functional impairments:
When truckers drive while drowsy, they are far more likely to be involved in serious accidents, and they endanger everyone on the road. Fatigued driving can occur even if a truck driver is within the confines of hours of service regulations. A driver should follow safety tips and recognize that if they are fatigued, they should not push the limits, and instead take a necessary rest break. If they fail to do so, they may be held liable for any accidents and injuries they cause in a fatigued driving crash.
The FMCSA study provides that truck driver’s use of illegal drugs accounted for 2% of the total accidents or 3,000 trucks while over-the-counter drug usage accounted for 17% of the collisions or 25,000 trucks.
Drivers may not use any controlled substances unless prescribed by a licensed physician who is familiar with the driver’s medical history and assigned duties and has determined that the drug use will not adversely affect the driver’s ability to safely operate a commercial motor vehicle. Federal regulations require trucking companies to:
Anyone who drives on the highway should recognize the risks of driving around large commercial trucks. There are many types of commercial vehicles, including box trucks, delivery trucks, buses, and more. While many of these vehicles have the potential to be involved in a serious crash, the most dangerous trucks on the roads are the large tractor-trailers.
Tractor-trailers can legally weigh up to 80,000 pounds when loaded with cargo and can be about 30 times as large as passenger cars. These hulking vehicles are difficult to maneuver and require specialized training to be allowed to operate them. Furthermore, there are different types of tractor-trailers, and each comes with its own unique risks of accidents and injuries. The following are three examples of how different kinds of tractor-trailers can lead to crashes.
A standard semi-truck has a large cab (the tractor) with a large rectangular, enclosed trailer attached by a coupling device, which allows the truck to make turns. Because of the long, opaque trailers that carry cargo and the ground clearance of these trucks, the blind spots on semi-trucks are substantial. These blind spots are often referred to as “no-zones,” and they exist on both sides of the trailer, as well as behind the truck and directly in front of the truck. Many crashes occur because a driver does not recognize that a vehicle is in a blind spot.
A flatbed truck is similar to a semi, though the trailer is not enclosed. These flat trailers with no walls are intended to haul oversized or awkwardly-shaped cargo that would not fit in a traditional semi-trailer. Because of the open nature of flatbed trailers, however, there is a greater risk of cargo falling off the trailer in the event of a crash. When heavy or bulky items fall into the roadway, it can result in additional damage and injuries.
A tanker truck has a long and cylindrical trailer attached by a coupling that is meant to transport liquids and gases that are not transportable in a regular trailer. These trailers can easily be thrown off-balance and be involved in rollover accidents, which can cause widespread damage. Additionally, the cargo in tankers may be toxic (HAZMAT trucks) or flammable (gasoline), so a cargo spill can be particularly dangerous.
How Does Fatigued Driving Cause Truck Accidents?
Truck driver fatigue is either the primary cause or a contributing factor to 35-40% of all commercial truck accidents. Truck drivers are on the road for long hours, many days in a row, which can be exhausting. Additionally, they are usually alone in their cab, driving on highly monotonous highways and routes, which can make it even easier to lose focus. When a truck driver loses concentration or even dozes off behind the wheel, devastating accidents can occur and cause injury to other motorists.
To try to prevent fatigued driving truck accidents, the FMCSA has specific Hours of Service (HOS) regulations that dictate the hours a driver may work before resting. Some regulations require that a driver:
Unfortunately, many truck drivers violate these regulations in order to make more deliveries and earn more money. Additionally, sometimes trucking companies encourage or pressure drivers into driving longer shifts than allowed to make more money. When drivers are fatigued, they can lose control of their huge trucks and can cause accidents, injuries, and even death. Victims of these accidents can suffer extraordinary losses.
Commercial truck drivers have a duty to always be in compliance with trucking regulations set by the FMCSA. When they violate laws such as HOS regulations, they are negligently putting all other motorists around them at risk of harm. If a truck accident and injuries do occur as a result of their negligence, truck drivers should be held fully responsible for reimbursing victims for all of their losses.
It is important to track down those who are responsible for the accident because the injuries you sustain can be very serious. Truck accidents frequently involve severe injuries, including:
These injuries are serious and could involve extensive, long-term medical care. An experienced accident lawyer can help you identify the party at fault and help you obtain the full and fair compensation that you are entitled to.
Because truck accidents can have a lasting impact on your life, it is important to find an experienced attorney to represent you as you pursue your claim. Many times individuals involved in accidents don’t realize just how serious their injuries can be. Their injuries can often lead to permanent disabilities, chronic pain, and expensive medical bills. An experienced truck accident attorney can help you recover damages for:
If you have been injured in a truck accident, your main concern should always be your physical and mental recovery. However, it is critical to contact an attorney as soon as possible so you can be fully compensated for everything you are going through.
Those who have been involved in a tractor-trailer accident must take appropriate steps afterward to make sure that their legal rights are protected. Here are some things a person should do immediately following a truck accident:
After a semi-truck accident, you should call 911 immediately to ensure that trained paramedics arrive as quickly as possible.
It is especially important not to discuss liability with the other driver(s). Liability is a legal determination.
Record Information
Document as much information about the accident as possible. This can include details such as the license plate numbers of the vehicles involved, the names of the drivers, the name of the trucking company operating the truck, and contact information of any witnesses to the crash. If possible, take photos of the immediate aftermath of any damage to vehicles or property.
Even if your injuries do not seem to be severe, you should always undergo a thorough medical evaluation after a truck accident. Certain types of injuries may not develop symptoms for several days after the injury is sustained. By having them diagnosed by a professional, you can be sure that your injuries are properly treated and documented. This documentation can help establish that the injuries were caused by the accident and also help in determining the appropriate level of compensation.
Finally, be sure to contact an attorney after being involved in a tractor-trailer accident. An experienced truck accident lawyer, including delivery truck accident lawyers, can help you determine whether and against whom you have a claim and also help you obtain the maximum possible settlement or award for your injuries.
According to the Indiana Department of Transportation,
Question: Can I Recover Compensation for My Commercial Truck Accident?
Answer: The first thing that many truck accident victims want to know is whether they have a case. After a truck accident, you’re likely facing enormous medical bills, an inability to work, and a totaled vehicle. In addition, you are almost certainly experiencing significant physical and emotional pain and suffering. These are all compensable losses, and it is only natural that you want to know whether you will be able to recover compensation.
Under Indiana law, if another person’s negligence caused your truck accident, you’ll probably be able to recover a settlement or award.
Questions: Who Is Liable? The Truck Driver or the Trucking Company?
Answer: This question depends on the specific facts of your case, but generally, trucking companies are liable for the negligent acts of their truck drivers under the legal doctrine of respondeat superior. Because of federal regulations, this is true whether the truck driver is a true employee of the trucking company or an independent contractor “owner-operator.”
Question: How Much Is My Case Worth?
Answer: Every truck accident case is different. The amount of compensation you recover will depend on many factors, including the extent and severity of your injuries, your medical prognosis, your occupation, your age, and whether you were partially at fault for your accident.
Question: When Should I Retain an Attorney?
Answer: You should retain a lawyer as soon as you can after a commercial truck accident injured you. The longer you wait, the greater the chance that evidence that is important to your case is lost or destroyed. In addition, when an attorney is not representing you, there is a chance that you will say or do things that can hurt your chances of recovering the full value of your claim. Finally, waiting too long to file a claim can even result in a judge throwing your case out entirely.
Indianapolis commercial truck accident attorneys at Fountain Law Firm will carefully investigate what happened in your accident to make sure that every possible liable party is identified. I will also explore every possible avenue for you to obtain compensation from insurance claims to personal injury lawsuits in Indiana civil court and will handle every aspect of your case so that you can focus on recovering from your injuries. Whether you have suffered relatively minor injuries or catastrophic, life-changing injuries, you deserve to receive full compensation for your medical bills, pain and suffering, lost income, and more.
If you’re unsure about your case, a FREE consultation can provide you with peace of mind. Indianapolis fatal accident attorney, Merry Fountain will personally ensure you understand your rights, your options, and the legal consequences of your decisions before proceeding. As an experienced Indianapolis semi truck accidents lawyer, she is committed to obtaining the best possible settlement for you. Call our truck accident lawyers today to schedule a free case evaluation.
“Merry is a very good attorney. She gets back with you right away when you call. I definitely feel you can count on Merry. This is the 2nd time I had called on her to represent me, and I have no complaints. If I ever need her services in the future, I am confident she will be there for me.” -Terri A.