Articles Posted in Tractor-Trailer Accidents

We’ve all been there: you’re headed to our next destination, and suddenly an onslaught of traffic comes out of nowhere, followed by a massive slowdown. Although vehicles in traffic tend to move at a slow pace, cars and trucks approaching traffic or surprise slowdowns can often lead to dangerous car accidents. When approaching a major traffic clog on a busy roadway, large vehicles that don’t slow down in time or change lanes suddenly can often lead to catastrophic consequences for both themselves and the drivers around them.

In a recent Indiana news report, a major car accident on a local toll road left a teenager dead and several injured. According to a preliminary investigation by Indiana State Police, a semi-truck was heading eastbound when it hit traffic that had accumulated because of a nearby crash. When the semi-truck driver changed lanes as he slowed down, a vehicle hit the back of the tanker-trailer that he was hauling. The driver and two of the vehicle passengers were all airlifted to a local hospital, and another back seat passenger died from his injuries.

In Indiana, when a driver changes lanes suddenly and an accident occurs, it may initially be unclear who is at fault. However, drivers have a responsibility both to their passengers and to other drivers on the road to adhere to local laws and operate their vehicles with safety and caution. When changing lanes, drivers should assess the situation by checking their mirrors, slowing down or speeding up appropriately, and putting drivers around them on notice by using their turn signal before making their lane change. For drivers of large vehicles, such as semi-trucks, ensuring adequate room to make a lane change is crucial.

Recently, the state’s supreme court issued an opinion stemming from an Indiana tractor-trailer accident. According to the opinion, the plaintiff was traveling from Georgia to Iowa to begin a new job. While he was driving, a tractor-trailer hit the plaintiff’s car, causing the plaintiff to slam his head against his window. The tractor-trailer driver continued to drive after the collision; however, the plaintiff could flag him down and motion him to stop. When police arrived, the plaintiff advised them that he was not hurt and did not need assistance. However, at some point during his trip, he felt something irritate his eye. After arriving in Iowa, he washed out his eye and pulled out a piece of glass. He went to the hospital and was referred to an ophthalmologist who recommended an MRI. The MRI showed a tumor, and the doctor warned him that he should have the tumor removed or risk going blind.

A few months later, the plaintiff sought treatment from a neurosurgeon who told him that he was experiencing a pituitary apoplexy, often triggered by a sudden event caused by bleeding into the tumor. The plaintiff underwent surgery and removed the tumor. Following the surgery, the plaintiff met with an endocrinologist, who diagnosed him with a hormonal imbalance. The doctor advised him to start testosterone injections, but the plaintiff waited a year before beginning treatment.

The plaintiff filed a lawsuit against the truck driver and his employer, claiming that the accident caused a pre-existing tumor to swell. The parties admitted fault, but disputed damages, arguing that the plaintiff failed to mitigate them. The defendants argued that the plaintiff did not take the medication his doctor prescribed, failed to follow-up with alternative medicine, and did not fill his eyeglasses prescription. The defendant asked the court to provide the jury with a failure to mitigate damages instruction. The plaintiff argued that there was not enough evidence for the instruction.

Individuals who suffer injuries in Indiana trucking accidents often face challenges determining the liable parties. Many people do not know that in addition to the negligent truck driver, there may be other individuals or entities who contributed to the accident and the victim’s injuries. Indiana trucking accident victims should seek damages from all potentially liable parties to ensure that they receive the maximum amount of compensation they deserve.

In commercial trucking accident lawsuits, defendants may include the truck driver, the trucking company, a business that commissioned the delivery, and anyone responsible for the truck’s parts or trailers. Truck drivers may be liable for their negligence in instances where they were speeding, distracted, fatigued, or otherwise operating their vehicle in an unsafe manner. Holding the trucking company and other related entities liable requires a thorough understanding of Indiana vicarious liability laws.

Vicarious liability is a type of secondary liability that imposes responsibility on the truck driver’s employer. The employer, frequently referred to as the principal, is liable for the negligence or actions of their employee, the agent. Trucking employers may be responsible if the employee was working under the employer’s direction, the employer possessed the authority to control the employee’s actions, and the employee’s behaviors occurred during the course and scope of employment.

The Federal Motor Carrier Safety Administration (FMCSA), in conjunction with the National Highway Traffic Safety Administration (NHTSA), researches car and trucking accidents, compiles statistics, publishes findings, and provides the public with traffic safety resources. According to these agencies, the country has seen a steady increase in trucking accidents. These accidents can have severe and longstanding injuries for Indiana motorists, passengers, and pedestrians. Those that have suffered injuries in an Indiana trucking accident should understand the common causes of trucking accidents and who may be liable for their damages.

According to the FMCSA and NHTSA, most serious truck accidents include similar negligent behavior; however, many accidents have more than one contributing factor. The five most common reasons for truck accidents are driver fatigue, drug and alcohol use, driver error, speeding, and distraction.

Fatigue is the most common cause of Indiana trucking accidents because many truckers drive for many hours with limited rest. Truck drivers often suffer from fatigue because of their employer’s demand for, often unreasonable, fast delivery turnarounds in combination with trending consumer expectations. Many drivers turn to stimulants and other substances to meet these expectations and manage stress. However, the consequences of alcohol and drug use can be disastrous to other motorists. Further, many Indiana trucking companies fail to adequately train their drivers and teach them how to inspect and maintain their trucks. Untrained and inexperienced truck drivers operating large vehicles pose serious dangers to the public. Finally, distracted driving is a common cause of Indiana trucking accidents. These drivers often spend many long hours on the road, and they will often engage in risky behavior to take their mind off of driving and quell their boredom. Some drivers will look at their phones to visit social media or text their friends and family. Even some innocuous behaviors, such as reaching for something, can cause serious accidents.