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.
If a truck driver was operating the truck as part of their job duties, an injured victim may be able to sue the driver’s employer. To win this type of suit, known as vicarious liability, a plaintiff must prove the truck driver was acting within the scope of their employment. Typically, this means a truck driver was working during their scheduled business hours to benefit the employer’s business. However, issues may arise if the driver was operating the truck under the influence. In that case, a jury may not find that the truck driver was furthering the employer’s business if they were intoxicated while on the job. An experienced Indiana personal injury attorney can help gather evidence and develop a legal strategy to navigate these complex rules for recovery.
Have You Been Injured in an Indiana Truck Accident?
If you or a loved one has suffered injuries or died in an Indiana truck accident, contact Padove Law to talk through your options. Personal injury lawyer Burton A. Padove has years of experience representing Indiana truck accident victims and their families. In the event of a devastating truck accident, Mr. Padove will work tirelessly to assist victims in filing personal injury lawsuits and obtaining just compensation for their injuries. To schedule a free initial consultation, contact our office at 877-446-5294. We will not bill you for our representation unless we can win compensation on your behalf.