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What Constitutes Negligence in Indiana Truck Accident Cases?

Oct 4, 2023 | Truck Accident


Indiana Truck Accident

Truck accidents are serious for victims hit by large trucks. The difference in weight and power between a truck and a passenger vehicle often leads to much more severe injuries than most car accidents. How can your Indiana truck accident attorney help you prove that driver negligence contributed to your truck accident and caused your injuries?

Why Truck Accidents Are So Serious

Truck accidents often involve large vehicles that can weigh up to 80,000 pounds striking much smaller and lighter vehicles. Even accidents involving low rates of speed can cause severe injuries. But what are the most common causes of truck accidents? The following are some examples:

  • Driver inattention due to drowsiness or distraction
  • Violations by the driver or trucking company of hours-of-service regulations
  • Failure to adjust driving patterns to inclement weather or road conditions
  • Load shifting causing a rollover or jackknife accident
  • Failure to maintain a truck according to the recommended maintenance schedule
  • Defective truck part failure
  • Driver inexperience or lack of appropriate qualifications
  • Failure by the trucking company to verify driver credentials or background checks
  • Driving under the influence of drugs or alcohol

Many parties could have some degree of liability in a truck accident case. How do you and your Indiana truck accident attorney prove that the driver or any other liable party caused the accident?

Types of Injuries Commonly Sustained in Truck Accident Cases

Personal injury cases as a result of a truck accident tend to be much more serious injuries than most other types of accidents. Truck accident injuries often include spine and head injuries due to inertial forces during the impact. Common injuries in truck accidents include:

  • Broken bones
  • Severe burns
  • Lacerations
  • Road rash if thrown from the vehicle
  • Soft tissue or organ damage
  • Whiplash
  • Crushing injuries
  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Paralysis
  • Limb amputation
  • Wrongful death

If you suffered any of these injuries in a truck accident or lost a loved one in a truck accident, you may need to file a truck accident lawsuit against the driver, plus any other liable parties that contributed to the accident. Other liable parties may include the trucking company, government agencies responsible for maintaining the road, or truck manufacturers that made a defective part.

Gathering Evidence of Truck Driver Negligence

What can your Indiana truck accident attorney do to help you manage your claim or lawsuit? As the plaintiff, you will need evidence of truck driver negligence for your case. Your attorney can:

  • Investigate the accident scene to look for additional debris and take pictures of road conditions and traffic signs
  • Collect medical records from before and after the accident to demonstrate which injuries were sustained in the accident
  • Write a letter of spoliation to send to the trucking company to preserve the damaged truck, black boxes, driver hour logs, and other relevant documentation as evidence for your case
  • Submit all documentation as necessary for your case within the appropriate statute of limitations for a personal injury case

Indiana follows a 51% modified comparative negligence compensation model, meaning that if a victim’s actions contributed to the accident, their compensation award would be reduced by their percentage of fault, as long as it’s less than 51%. Your attorney can help you find evidence to maximize your compensation against claims by the defense’s legal team that the accident was your fault.

Contact Stewart & Stewart Attorneys for Your Indiana Truck Accident Case

Truck accidents are complex personal injury cases. For more information about what to do after being injured in a truck accident, contact us at the law offices of Stewart & Stewart Attorneys. Call today at 317-846-8999 or contact us online to schedule a consultation with an Indiana truck accident attorney with our firm.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

Stewart & Stewart Attorneys have the knowledge and experience to defend your rights in the following areas of Indiana injury law: auto accident, brain injury, drug injury, defective product, fire and burn injury, insurance dispute, medical malpractice, motorcycle accident, nursing home abuse, slip and fall,  truck accident, workers’ compensation and wrongful death.