If you have been injured in a commercial vehicle collision, our Elkhart truck accident lawyers at Wilson & Kinsman, LLC are here for you. We stand ready to help you pursue maximum financial recovery by quickly investigating your collision, identifying all liable parties, and fighting for the compensation you rightfully deserve. 

Common Causes of Truck Accidents in Elkhart

Commercial vehicle crashes happen for numerous reasons, often stemming from driver error or company negligence. The massive size and weight of an 18-wheeler mean that even a minor mistake can lead to catastrophic consequences. Federal regulations exist to prevent these collisions, but they are frequently ignored in the name of profit. 

Driver Fatigue and Hours-of-Service Violations 

Commercial drivers are strictly limited in how many hours they can drive without resting. Unfortunately, tight delivery deadlines often pressure drivers to push beyond these legal limits. Fatigued driving severely impairs reaction times and decision-making abilities, which makes it a leading cause of severe highway collisions.

Distracted Driving in the Cab 

Operating a massive commercial vehicle requires absolute concentration. When drivers take their eyes off the road to check their cell phones, adjust GPS devices, or communicate with dispatchers, the results can be deadly. 

Improperly Loaded or Unsecured Cargo 

When cargo is not balanced or tied down correctly, it can shift during transit. This sudden weight shift can cause the trailer to sway, leading to jackknife accidents or rollover crashes. Additionally, unsecured items may fall directly into the path of other motorists.

Mechanical Failures and Lack of Maintenance 

Trucking companies must perform regular maintenance on their fleets. Brakes, tires, and steering systems undergo immense wear and tear. If a company delays repairs to save money, a mechanical failure on the highway becomes inevitable.

Impaired Driving 

While commercial drivers are held to strict blood alcohol concentration limits, driving under the influence of alcohol, illegal narcotics, or even prescription medications still occurs. Impairment drastically reduces a driver’s ability to safely maneuver a massive vehicle.

Types of Truck Accident Claims We Handle

When you get in contact with our firm, a dedicated truck accident lawyer in Elkhart, IN, can help you investigate your collision. We represent victims injured in a wide variety of commercial vehicle incidents; different types of trucks present unique hazards on the road, and our legal team understands how to investigate each specific type of crash.

• Tractor-Trailer and 18-Wheeler Collisions: These massive vehicles dominate the interstates and highways. Collisions involving fully loaded 18-wheelers often result in multi-vehicle pileups and devastating injuries due to the sheer force of the impact.
• Delivery Truck and Box Truck Accidents: With the rise of online shopping, delivery trucks are everywhere in local neighborhoods. These drivers frequently make sudden stops, park illegally, or reverse blindly, creating dangerous scenarios for passenger vehicles and pedestrians alike.
• Dump Truck and Construction Vehicle Crashes: Construction zones bring heavy machinery and dump trucks onto public roads. These vehicles have massive blind spots and often carry loose debris, which can easily strike trailing vehicles and shatter windshields.
• Jackknife Accidents and Underride Collisions: A “jackknife” occurs when the trailer swings outward to form a 90-degree angle with the cab, sweeping across multiple lanes of traffic. An “underride collision” happens when a smaller passenger vehicle slides underneath the rear or side of a tractor-trailer, often shearing off the top of the smaller car and causing fatal injuries.

Who Can Be Held Liable in an Elkhart Truck Accident?

Unlike a standard car crash where liability typically falls on one driver, a commercial truck accident frequently involves multiple liable corporate entities. A skilled truck accident lawyer in Elkhart, IN, can thoroughly investigate the chain of command to hold all responsible parties accountable for your damages.

The Commercial Truck Driver 

The driver is often the first party investigated for liability. If the driver was speeding, intoxicated, distracted, or operating the vehicle aggressively, they bear direct responsibility for the resulting collision.

The Trucking Company or Carrier 

Trucking companies are ultimately responsible for their fleets and their employees. They can be held liable if they hired unqualified drivers, failed to conduct required background checks, skipped mandatory drug testing, or explicitly encouraged drivers to ignore safety regulations to meet delivery quotas.

Third-Party Cargo Loaders 

Many trucking companies do not load their own freight. If a third-party logistics company improperly loaded, overloaded, or failed to secure the cargo, they can be held liable if the shifting weight caused the crash.

Vehicle and Part Manufacturers 

Sometimes, accidents happen despite a driver’s best efforts because the vehicle itself failed. If defective brakes, blown tires, or faulty steering columns caused the collision, the manufacturer of those defective parts may be held financially responsible.

Compensation Available After a Truck Accident

Victims of severe crashes face mounting medical bills, extensive physical pain, and the inability to return to work. By filing a personal injury claim, you may be eligible to recover financial compensation for your losses.

• Economic Damages: Economic damages cover your direct, calculable financial losses, which typically include current and future medical expenses, emergency room bills, surgical costs, and prescription medications. It also covers lost wages from missed time at work, diminished earning capacity if you can no longer work in your previous field, and the property damage to your vehicle.
• Non-Economic Damages: Non-economic damages compensate you for the subjective, intangible losses associated with a traumatic collision, which include physical pain and suffering, mental anguish, loss of enjoyment of life, and emotional distress caused by the accident and subsequent injuries.

What to Do After a Truck Accident in Elkhart

Protecting your physical health and your legal rights is absolutely critical in the immediate aftermath of a severe crash. The steps you take at the scene can significantly impact your future claim. We suggest doing the following:

• Seek Immediate Medical Attention: Always get evaluated by a medical professional, even if you feel fine in the moment. Adrenaline can mask severe pain. Prompt medical care is crucial following a high-impact crash, especially concerning traumatic brain injuries.
• Contact Law Enforcement: Call 911 immediately to ensure an official police report is filed. The responding officer will document the scene, issue citations if necessary, and create a vital record of the incident.
• Document the Scene Thoroughly: If you are physically able, take clear photos and videos of the vehicle damage, the resting positions of the vehicles, skid marks on the road, traffic signs, and any visible injuries you sustained.
• Gather Information: Collect the truck driver’s name, employer information, insurance details, driver’s license number, and the Department of Transportation (DOT) numbers listed on the cab doors.
• Speak to Legal Counsel: Consult legal counsel before giving a recorded statement to any trucking company or insurance adjuster, as they will attempt to use your words against you to minimize your payout.

Work With Our Dedicated Elkhart Truck Accident Lawyers at Wilson & Kinsman, LLC if You Sustained Injuries in a Truck Crash

Navigating the aftermath of a commercial vehicle collision requires experienced legal advocacy to protect your rights and fight for the compensation you deserve. The physical, emotional, and financial toll of a severe crash can be overwhelming, but you do not have to face aggressive insurance adjusters and corporate defense teams alone, as our Elkhart truck accident lawyers at Wilson & Kinsman, LLC are here to help. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.