Articles Posted in Tractor-Trailer Accidents

Truck accidents can lead to significant injury. Following a truck accident, you may be left with mounting medical bills, lost wages, and emotional harm. To recover compensation for your injuries, you can bring a personal injury lawsuit against the responsible driver. A skilled Indiana personal injury attorney can help you create the strongest possible claim for recovery.

For example, a recent Indiana truck accident killed one passenger. The fatal accident occurred at an intersection and involved a pickup truck and a semi-truck. According to local officers, the pickup truck was sitting at the intersection’s red light when the semi-rear ended it, sending both trucks into a ditch. Sadly, a passenger inside the pickup truck died in the crash. The pickup truck driver was transported to the hospital in critical condition. Police are continuing to investigate the cause of the crash.

How Does a Jury Determine Truck Accident Damages Awards?

If a truck accident case goes to trial, a jury will determine the appropriate damages award owed to the injured plaintiff. Even if a case does not go to trial, plaintiffs must assert a damages amount in settlement negotiations that they believe will fairly compensate for their injuries. The amount of compensatory damages a plaintiff receives will depend on a number of factors. One major consideration is the medical expenses a plaintiff incurred as a result of the accident. After a truck accident, an injured plaintiff may have to pay hospital bills, surgery expenses, medication costs, or physical therapy bills. A damages award will often include these medical expenses. Accordingly, a plaintiff with severe injuries or who incurred higher expenses may receive a higher damages award. A physician who treated the plaintiff may be able to provide information about the plaintiff’s expected future medical expenses.

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Due to the size and weight of a commercial truck, a collision with a smaller vehicle can lead to significant injuries. When a truck driver’s negligence leads to a serious accident, an injured party may seek compensation from the driver’s employer. However, the accident victim must prove certain legal elements before an employer can be liable for damages. An experienced Indiana personal injury attorney can help argue that an employer should be liable for their employee’s negligence.

Sadly, a 6-year old died and two children suffered injuries after a recent truck accident in Jackson County, Indiana. According to a local news article, a Ford was traveling east with three young passengers when it collided with a semi-truck traveling north at an intersection. The force of the collision sent both vehicles off the road. First responders arrived and transported all three passengers to the hospital, where one child tragically died from his injuries. Police are continuing to investigate the crash.

Can You Sue a Truck Driver’s Employer After an Indiana Truck Accident?

If a truck driver was completing a delivery during the crash, you may be able to recover damages from the driver’s employer. Truck drivers may not possess the means to pay the full compensation you need after a debilitating truck accident. To hold an employer liable for a truck driver’s negligence, a plaintiff must prove the driver was acting within the “scope of employment.” Typically, employees act within the scope of employment when they perform job duties at their designated work location within a designated time frame. For example, a truck driver acts in the scope of their employment if they are driving on a pre-determined route to complete a delivery at a scheduled time. However, if a driver used a company truck to make a personal delivery outside of working hours, that driver would not be acting within the scope of employment. Plaintiffs who can prove the driver acted within the scope of employment may be able to hold an employer liable through a legal concept know as vicarious liability or respondeat superior.

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Truck accidents may occur for any number of reasons. From a driver’s negligence to a defective part, even a single truck accident might have more than one cause. No matter the cause, truck accident victims likely have significant medical expenses or missed paychecks as they recover from their injuries. Understanding the causes of a truck accident is an important step toward receiving a damages award that compensates for your harm.

For example, a recent news article reported a Greenfield, Indiana crash involving four semi-trucks. The trucks were driving in the westbound lanes on the highway as one semi-truck attempted to pass another. The driver, who believed the other truck would crash into him, swerved into a concrete barrier. He then hit the other semi-truck he was passing. In the eastbound lane, a semi-truck struck the same concrete wall. In total, four semi-trucks were involved in the crash, and one caught on fire. One driver suffered minor injuries.

What Are the Causes of Truck Accidents?

Even a single truck accident can have multiple causes. The clearest cause is the truck driver’s negligence. Driving while drowsy or under the influence of drugs or alcohol can impact drivers’ ability to control their trucks. In addition, distracted driving is common cause of auto accidents. Drivers who attempt to “multitask” on the road cannot react quickly to changes in the flow of traffic. For example, if a car slows down in response to traffic, a distracted driver may rear-end the car if they are not paying attention. Distracted truck drivers can cause especially serious harm due to the heavy weight of a typical truck. On the other hand, a truck accident may result from another driver’s negligence. For instance, a truck driver might swerve to avoid a car that attempts to change lanes without checking their mirrors. Occasionally, truck accidents do not result from a driver’s negligence. A faulty part or a poorly designed piece of equipment could lead to an accident even if all drivers exercised reasonable care.

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Truck accidents can have a number of causes. A person may suffer injuries due to a truck driver who acted negligently, an employer who enabled the negligent driver, or even a company that manufactured a defective part of the truck. Due to the multiple possible causes of a truck accident, an injured victim may be unsure how to recover damages for their harm. If you have been hurt in an Indiana truck accident, you can consult a personal injury attorney to investigate potential claims against multiple possible defendants.

According to a recent news article, an Indiana truck accident involving four tractor-trailers led to a significant oil and diesel spill on the highway. The accident took place near Indianapolis as a semi-truck pulling double-trailers was traveling westbound. The driver, believing another semi-truck would run into his vehicle, attempted to pass the semi-truck. Instead, the driver struck the concrete barrier between lanes, swerved back, and hit a third truck. In the eastbound lane, a fourth semi-truck hit the same barrier. As a result, one of the trucks rolled to its side and caught fire, spilling a large amount of diesel and oil on the highway. Local officials closed both the eastbound and westbound lanes of the highway for several hours to clean up the spill.

Who is Responsible for a Truck Accident?

In an Indiana truck accident, responsibility may lie with multiple parties. When you seek to file a personal injury lawsuit after a truck accident, there may be a few potential defendants you can investigate. First, the clearest responsible party is the truck driver. The driver may have failed to exercise due care in operating the truck, leading to a serious accident. Moreover, the driver’s employer may have enabled them to act recklessly. Under the respondeat superior theory, a company can be liable for its drivers’ negligence when the driver is operating the employer’s truck on a scheduled delivery route at a scheduled time in some manner as to further the employer’s business. For example, if the truck accident occurred while the driver was completing a delivery for his or her employer, anyone injured in the accident may be able to sue the employer for damages.

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Truck accidents can be an especially dangerous type of crash. Due to the size of a typical semi-truck or tractor-trailer, the sheer force of a truck collision can result in serious injury and property damage. Truck accidents have many causes, including a truck driver’s careless action or failure to act. In these circumstances, an injured victim may be able to seek damages from the truck driver and the driver’s employer.

A recent news article reported on a tragic semi-truck accident in Frankfort, Indiana, that left one person dead. According to witnesses, the semi-truck was crossing the road when the driver failed to yield the right of way to traffic in the eastbound direction. As a result, a car struck the semi-truck trailer. The semi-truck driver was unharmed, but the other driver was transported to a nearby hospital in critical condition. Sadly, he died shortly after.

Can You Sue a Truck Driver’s Employer After an Indiana Truck Accident?

If a truck driver caused a truck accident that led to serious harm, injured victims may be able to sue the truck driver’s employer. Known as respondeat superior or vicarious liability, plaintiffs can bring a lawsuit against an employer under several conditions. To demonstrate an employer-employee relationship sufficient to bring suit, plaintiffs must prove that the employee responsible for their injuries acted in the “scope of employment” at the time of the accident. In general, employees act within the scope of employment when they perform their assigned duties during their scheduled work hours and, importantly, are acting to further their employer’s business. For example, a truck driver’s employee may be liable for damages if the driver was completing a scheduled transportation of goods when the accident occurred. On the other hand, an employer may not be liable if the accident happened when the truck driver took an unauthorized trip.

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Truck accidents can be particularly devastating due to the size of a typical truck and the resulting impact of a forceful collision. Sometimes, these senseless accidents can happen at random without an obvious cause. However, when truck drivers operate their vehicles while under the influence of drugs or alcohol, their behavior may result in a crash that could have been entirely preventable.

According to a recent news article, a semi-truck crashed into a school bus in Warsaw, Indiana and injured 16 bus passengers. Prior to the accident, local police received calls about a semi-trailer speeding and swerving between lanes. As police were on their way to pull over the truck, they learned the truck had hit a school bus holding 26 people. The passengers were members of a high school hockey team traveling back from their weekend tournament. Medics transferred 16 people to area hospitals for their injuries, three of whom were in critical condition. Officials questioned the truck driver, who presented with slurred speech and an odor of alcohol. After failing a field sobriety test and refusing a chemical test, he was charged with operating a vehicle while intoxicated, a felony offense.

How Can You Obtain Compensation After an Indiana Truck Accident?

To prevail in a negligence lawsuit, a plaintiff must prove the defendant failed to exercise reasonable care and that the failure to do so caused the plaintiff’s injuries. Driving under the influence can be relatively clear-cut instance of failing to exercise reasonable care on the road. Unlike other causes of a truck accident, a drunk driver often cannot blame the accident entirely on an issue with the truck’s manufacturing. By contrast, an accident that involves a faulty tire, broken part, or a manufacturing defect may allow a truck driver to shift the blame onto the manufacturer of a non-functioning part.

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In Indiana, 175,821 motor vehicle collisions were reported in 2020. Of those, 8%, or 14,221 involved commercial vehicles. Of those commercial vehicle accidents, 134 were fatal. Accidents with semi trucks or commercial vehicles may lead to more questions than answers for victims. Commercial trucking companies have extensive legal teams ready to prevent you from getting your much-deserved compensation. Accidents often have no easily discernible cause, making it even harder for victims to recover damages.

According to a recent article, two semi-trucks collided head-on after one crossed the center median for unknown reasons. The driver of the semi-truck that crossed the median died on the scene, and the other was taken to the hospital with injuries. The incident combined with several other crashes that day led to massive closures on I-70, bottlenecking roads and diverting drivers.

Common Causes of Truck Accidents

Truck crash victims and their loved ones may be left with more questions than answers after an accident. To file a claim, injured drivers and passengers must prove a truck driver acted negligently or breached a duty of care in a way that caused their injuries. This can be difficult when an investigation into the cause of an accident is ongoing and the reason for the accident is not immediately clear. A skilled personal injury attorney with experience in truck accident claims can help understand potential factors that may have caused your accident to evaluate your claim. Attorneys have access to experts that can recreate the accident and determine the cause.

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Truck transport remains one of the most popular ways to ship goods throughout the country. Despite newer and faster ways of transport, companies continue to use this method, leading to more and more large trucks on major roadways. This increase has inevitably led to more Indiana trucking accidents. In addition to driver error, mechanical defects account for nearly 30% of all truck accidents. This startling number elucidates the preventability of these accidents.

Many trucks outweigh passenger vehicles at a rate of 20 to 1; as such, an accident with a large truck is likely to result in serious injuries. Motorists rely on companies to properly vet and train their employees, drivers to maintain safe driving habits, and both entities to inspect their vehicles for safety. A failure at any of these junctures can lead to liability for the damages that ensure. In terms of mechanical failures, the most common failures include brake, transmission and tire failures.

Brake Failure

Brakes are one of the most important mechanical components of a truck. A brake failure can cause a driver to lose control of their large vehicles and slam into an object, bystander, or vehicle. These failures may arise from worn brake discs, thinning pads, defective lines, or leaking brake fluids.

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When the driver’s negligence or recklessness results in a fatal Indiana car accident, the accident victim’s surviving loved ones may file an Indiana wrongful death lawsuit. Wrongful death claims, which are essentially personal injury lawsuits where the injured person has died and is no longer able to bring a claim on their own behalf, can often be a means of recovering compensation following a tragic accident.

According to a recent news report, a tragic car accident left a couple’s six-month-old son dead. Based on reports from local authorities, the child’s mother was rear-ended by a semi-truck at a stoplight, and the boy died from his injuries following the accident. The child’s mother experienced minimal bruising and soreness, and the couple’s two-year-old daughter underwent surgery to repair a broken femur. The daughter also suffered multiple fractures in her skull but is reportedly in stable condition.

Indiana’s wrongful death statute defines the term “wrongful death” as one that was “caused by the wrongful act or omission of another” person or entity. The most common types of injuries that give rise to a wrongful death claim include negligence-based accidents, such as car crashes or personal injuries, medical malpractice, or intentional acts.

When driving, you often share the road with vehicles much larger than the one you’re in. As a result, it’s important to proactively keep an eye out for trucks, buses, and other large commercial vehicles. Often, Indiana truck accidents have significant consequences because truck drivers fail to live up to the expectations the law places upon them. When this occurs, truck drivers and their employers may be liable for an accident victim’s injuries.

In Indiana, truck accidents are common. According to a recent news article, the driver of a pick-up truck was pronounced dead following a head-on collision in Indiana County. The deceased was struck by a tri-axle truck that crossed the center line of the road, causing the two trucks to crash. The pick-up truck driver was pronounced dead at the scene, and the condition of the four other passengers in his vehicle is unknown.

In Indiana, there are various laws governing truck accidents. For example, the Indiana Department of Transportation has established its own set of trucking regulations that cover requirements such as obtaining permits and oversized loads. There are also federal laws governing commercial trucking in the United States, with standards covering details such as inspections, transportation of hazardous materials, licensing, use of mobile devices while operating a vehicle, and emergency signal equipment. These elements could be important for establishing liability if you are the victim of a truck accident.

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