Legal Defense for Big Rig Accidents

Big rig trucks are essential for transporting daily necessities and goods. As useful as they are and even with optimum care in driving, accidents can happen, and often, these result in catastrophic injury and even wrongful death. If you or a loved one has been injured in a big rig accident, contact a big rig accidents attorney in Elkhart, Indiana.

The most common injuries sustained in big rig accidents are often those that are life-altering, such as brain injury, spinal injury, fractures, and paralysis. These can affect one’s quality of life and earning capacity, which means they need to get compensated for their injuries with the help of a dedicated lawyer. 

Quick Summary

Below is an overview of the key points of this article.

• Big rig accidents are frequent on highways, often resulting in severe injuries or fatalities for those in smaller vehicles. Truck drivers in Indiana must adhere to Federal Motor Carrier Safety Administration rules, including licensing, background checks, and cargo and maintenance standards.
• Semi-truck accidents in Elkhart, Indiana often stem from driver errors, inadequate maintenance, improperly loaded cargo, and defective truck parts.

Victims of big rig accidents in Indiana may suffer from head injuries, fractures, emotional distress, spinal injuries, internal bleeding, burns, paralysis, and whiplash.

• After a big rig accident, it’s crucial to prioritize medical attention, avoid discussing fault, gather evidence, undergo a thorough medical check-up, and consult with a lawyer. Liability in large truck accidents can involve truck drivers, trucking companies, cargo loaders, automakers, maintenance service providers, government entities, and other drivers or pedestrians.
• In Indiana, victims have two years to file claims for big rig accident injuries. They can seek compensation for medical expenses, pain and suffering, property damage, lost income, disability, emotional distress, and other losses.

What Are Big Rig Accidents?

Big rig accidents are unfortunately all too common on our roads and highways. These massive vehicles can cause serious damage when they collide with smaller passenger cars. Often the injuries sustained by victims in a big rig accident are serious and life-altering, sometimes ending in death. 

What Are Federal Regulations for Operating a Big Rig in Indiana?

All truck drivers and trucking companies must follow rules set by the Federal Motor Carrier Safety Administration. These rules are important for keeping truck drivers and other drivers safe. Breaking these rules can cause serious damage, injuries, and even death.

• License. All truck drivers must have a valid commercial driver’s license to drive a big rig in Indiana. This license ensures they have the proper training and skills to handle large trucks safely on the road. Maintaining this license is important to meet federal and state regulations.
• Background Check. Trucking companies must do a detailed background check on new employees. This includes looking at their job history and criminal record. These checks help ensure only safe and responsible drivers are hired.
• Hours of Service. Hours of service rules limit how long truck drivers can drive in one shift. These rules stop drivers from working too many hours and getting too tired. This helps keep everyone on the road safer.
• Cargo Loads. Cargo loads on big rigs must stay within size and weight limits. They also need to be securely fastened to the trailer. This prevents items from shifting or falling off, which keeps the road safer for everyone.
• Inspections. Truck drivers must check their vehicles before and after each shift. These inspections help find and fix problems early. This keeps the trucks safe and working well on the road.
• Maintenance and Repairs. Trucking companies must regularly maintain all their trucks. They need to fix any damage or problems quickly. This keeps the trucks safe and reliable on the road.
• Alcohol and Drug Testing. Employers must do random drug and alcohol tests on all truck drivers. These tests help ensure that drivers stay sober and safe while driving. This reduces the risk of accidents caused by impaired driving.
• Driver Logs. Truck drivers must keep a record of how long they drive. These logs help ensure they don’t exceed the maximum hours allowed per shift. This rule is crucial for preventing fatigue-related accidents on the road.
• Training. Trucking companies must give training to all their employees. This training teaches drivers how to operate trucks safely and follow the rules. It’s important for preventing accidents and keeping everyone on the road safe.

What Causes Big Rig Accidents?

The majority of truck collisions are avoidable had there been a reasonable measure of care. Here are some common causes of big rig accidents occurring in Elkhart, Indiana:

Truck Driver Error

Many big rig accidents in Indiana happen because of mistakes made by truck drivers. These errors include driving under the influence, speeding, reckless driving, not adjusting to road conditions, and forgetting to check blind spots. These factors often lead to accidents that could have been prevented with safer driving practices.

Inadequate Truck Maintenance

Big rig accidents in Indiana often occur due to trucks not being properly maintained. It’s the responsibility of trucking companies and drivers to regularly check and fix worn-out parts like brakes, tires, lights, and windshield wipers. Keeping these parts in good condition lowers the chances of accidents caused by mechanical failures.

Improperly Loaded Trucks

Improperly loaded cargo is a common cause of big rig accidents in Indiana. When cargo isn’t loaded correctly, it can make the truck harder to control, especially on winding or steep roads. This increases the risk of accidents where the truck may tip over or lose stability.

Defective Parts

Defective parts, like faulty brakes or truck tires, can lead to big rig accidents in Indiana. If these parts don’t work properly, they can make it hard for truck drivers to avoid crashes. Manufacturers can be responsible for these defects, which might cause serious collisions on the road.

What Injuries Are Associated With Big Rig Accidents?

If a truck accident doesn’t result in deaths, it can still cause serious injuries and major property damage. Many victims may suffer from these effects for months or even years afterward. Some may become disabled and unable to work or manage daily activities. The most frequent injuries from big rig accidents include:

• Concussion, Traumatic Brain Injury, and other injuries to the head and brain
• Broken or fractured bones
• Emotional distress, like Post-Traumatic Stress Disorder or anxiety
• Injuries to the spinal cord and back
• Internal bleeding and organ problems
• Cuts and burns
• Crush injuries
• Paralysis
• Whiplash

Any injury has the potential to be life-threatening or even fatal. Even after your physical wounds heal, you might experience emotional trauma that lasts a lifetime. Many people turn to therapy or medication to manage the aftermath of their ordeal. It’s unjust that you’re enduring this because of someone else’s negligence.

What to Do Following a Big Rig Accident in Elkhart, Indiana?

People involved in a tractor-trailer accident should take specific actions right away to protect their legal rights. Here are steps to follow immediately after a truck accident:

1. Attend to All Injuries

After a big rig accident in Indiana, it’s crucial to attend to any injuries first. Call 911 right away so paramedics can come quickly. This ensures you get the medical help you need as soon as possible.

2. Avoid Talking About What Happened to Anyone

Avoid talking about what happened to anyone except the police officer investigating the scene. It’s especially crucial not to discuss who was at fault with the other driver(s). Determining fault is a legal matter that should be handled carefully.

3. Gather Information

Gather as much information about the accident as you can. This includes things like the license plate numbers of the vehicles involved, the names of the drivers, the trucking company’s name, and contact info for any witnesses. If you can, take pictures of the damage to vehicles or property right after the accident.

4. Get a Complete Medical Check-Up

Even if your injuries don’t seem serious, it’s important to get a complete medical check-up after a big rig accident. Some injuries might not show symptoms right away but could appear days later. Seeing a doctor ensures your injuries are diagnosed and treated correctly. 

This medical record can prove your injuries came from the accident and help determine how much compensation you may deserve.

5. Consult With a Lawyer

Lastly, make sure to get in touch with a big rig accidents attorney in Elkhart, Indiana after the accident. A truck accident attorney can assist you in figuring out if you have a legal claim and who it’s against. They can also work to get you the highest compensation possible for your injuries.

Who Can Be Held Liable for My Big Rig Accident Injuries?

Truck accident cases can get complex because many different parties are involved in running a commercial truck. Finger-pointing and blame from these parties can cause delays and challenges. Several parties could be responsible for a truck accident, including:

Truck Driver

If the accident was caused by human mistakes like negligence or recklessness, the truck driver could be responsible. Speeding too much, driving distracted, or being under the influence of alcohol are all examples of human errors that could lead to a crash. Careless driving and aggressive driving behaviors can also play a part in causing an accident.

Trucking Company

The company that owns the truck could be responsible for the accident if they didn’t maintain the truck properly or made the driver operate it in an unsafe way. They might also be held liable if they didn’t follow safety regulations or hired a driver with a poor record.

Truck Owner

The owner of the truck might be responsible for the accident if they were supposed to maintain the truck but didn’t before the crash. They could also be liable if they let someone drive the truck who wasn’t trained properly or was reckless. It’s important to investigate to see who might be at fault for the accident and your injuries.

Cargo Loaders

If the accident happened because the cargo was loaded incorrectly, the company that loaded the cargo could be responsible. They might be liable if the cargo spills onto the road, leading to a crash or causing the truck to tip over. It’s important to determine who loaded the cargo improperly to understand who might be at fault for the accident and your injuries.

Automakers and Suppliers

If a crash involving an 18-wheeler happened because something was wrong with the truck or a part of it, you might sue the company that made that part. Companies that make tires, truck parts, or the truck itself have been held responsible for these problems in the past.

Mechanical and Preventative Maintenance Service Companies

If a big rig accident happens due to poor maintenance, the repair shop that didn’t do the job right could be responsible. Mechanics who don’t follow proper procedures or do a poor job can cause problems with the truck that lead to accidents. It’s important to hold accountable those who didn’t maintain the truck properly if their negligence led to the crash.

Government Entities

If a big rig accident was caused by a road problem or a faulty traffic control device, you can hold the government accountable. This includes filing a claim against the state or local government that’s responsible for keeping the roads safe. They need to ensure that roads and traffic signals are properly maintained to prevent accidents.

Other Drivers and Pedestrians

If an 18-wheeler accident happens, other drivers or pedestrians might be responsible if their actions contributed to the crash. This means proving that their driving or crossing the road in a risky way led to the collision. They could be held accountable for their part in causing the accident involving the big rig.

What is Indiana’s Statute of Limitations for Big Rig Accident Injury Claims?

You have options beyond just filing an insurance claim to get compensation from the negligent truck driver or trucking company. You can file a lawsuit to recover all your losses. In Indiana, you must file within two years of the accident (this is called the statute of limitations). 

If you miss this deadline, you may lose the chance to make the at-fault party legally responsible.

What Compensation Can I Get From My Big Rig Accident Claim?

Indiana uses a fault system for accidents, meaning if the truck driver or trucking company caused your injuries, you can make them pay for it. If a court or insurance company decides they are at fault, they must cover the costs from the accident. Federal law makes sure trucking companies have liability insurance for each commercial truck they own. 

If one of their drivers causes an accident, their insurance can pay for the victim’s expenses. The amount of insurance needed depends on how heavy the truck is and what kind of cargo it carries.

• $300,000 (Non-hazardous materials on a truck weighing less than 10,001 pounds)
• $750,000 (Non-hazardous cargo on a truck over 10,000 pounds)
• $1,000,000 to $5,000,000 (Oil and other hazardous freight)

When you file a claim, you can seek compensation for your past and future losses, such as:

• Medical bills
• Pain and suffering
• Property damage
• Permanent disability
• Lost income
• Lost future earnings
• Emotional distress
• Scarring or disfigurement
• Loss of enjoyment of life

Every case is different, so how much money you get depends on what happened in your accident and how badly you were hurt. A big rig accidents attorney in Elkhart, Indiana will look at all the proof we gather to decide how much compensation you should get.

What If I’m Partially Responsible for My Big Rig Accident Injuries?

In Indiana, they use a rule called modified comparative negligence to decide how much money someone can ask for if they were hurt in an accident and partly to blame. For instance, if you had $100,000 in costs but a jury says you were 20% at fault, you can seek up to $80,000 in compensation. But if you’re 51% or more to blame, you can’t get any compensation.

Why Do I Need a Big Rig Accidents Attorney in Elkhart, Indiana?

Accidents with big trucks are more complex than small car accidents and can involve many insurance companies and people responsible. You need a law firm that has successfully helped victims of truck accidents and is committed to handling your case thoroughly. A semi-truck accident lawyer can do the following to help strengthen your claim:

• Investigate and gather evidence: Talk to accident experts to determine what happened at the scene. Collect all relevant evidence, such as police reports, witness statements, and medical bills.
• Check compliance and determine liability: Review the driver’s logs and EDR to ensure federal rules were followed. Identify who is responsible for the accident based on the gathered information.
• Handle negotiations and communication: Manage all discussions with insurance companies, the defendants, and their lawyers. This ensures professional representation and helps in negotiating the best possible settlement.
• Collaborate with experts and manage legal procedures: Work with accident reconstruction and medical professionals to understand the cause of the crash and your injuries. Complete and submit all legal documents on time, preventing costly mistakes and ensuring smooth case progression.

Call Our Indiana Big Rig Accidents Attorney Right Now

At Wilson & Kinsman LLC, we understand the difficulties you face after a big rig accident. Our experienced team is here to support you every step of the way. We’ll investigate your case thoroughly, using all available evidence to hold those responsible accountable. 

Whether it’s negotiating with insurance companies or preparing strong legal arguments, our big rig accidents attorney in Elkhart, Indiana is dedicated to maximizing your compensation. Don’t wait to get help. Contact Wilson & Kinsman LLC today. 

Let us fight for your rights and get you the compensation you deserve. Your future after a big rig accident starts with us. We can also assist you with Criminal Rights and Drug Crimes.