Elkhart, IN, Semi-Truck Accident Lawyer

If you’ve been injured in a commercial truck accident due to a truck driver’s negligence, our accident lawyers can help you file a claim against trucking and insurance companies. We understand the devastating physical and emotional impact that these accidents can have on victims and their loved ones, and we’re committed to helping you establish liability and obtain the compensation you deserve for your injuries in court. Contact us at 317-401-8626.

How You Could Need a Semi-Truck Accident Lawyer in Elkhart, IN

Large trucks cause tens of thousands of accidents in the United States every year. Tragically, these truck accidents often result in catastrophic and fatal injuries because of their size and weight. Tractor-trailers are typically around 50 feet long and 8.5 feet wide, and they can weigh up to 80,000 pounds when loaded with freight. When you consider that the average weight of a standard passenger vehicle is only around 4,000 pounds, it’s not surprising that car drivers are far more likely to sustain severe injuries in these collisions.

If you or a loved one was involved in a truck accident due to someone else’s negligence, you can file a claim to seek compensation for any injuries and all your losses. You’ll need to hire a truck accident attorney to recover maximum compensation from the negligent party. While you’re under no obligation to have legal support for your claim, an experienced truck accident attorney can provide you with invaluable guidance. Depending on your case, they can help you recover compensation for medical expenses, property damage, lost wages, loss of earning capacity, emotional distress, and more.

For legal support after a truck accident in Elkhart, Indiana, contact the dedicated truck accident attorneys at Crossen Law Firm. You can count on our seasoned attorneys to help you gather evidence, and seek the maximum compensation for your current and future losses. We can also help you in determining fault when several parties may be partially or wholly liable, such as the trucker, trucking company, commercial vehicle parts manufacturer, mechanic, other motorists, or another party.

You can request a free case evaluation with one of our truck accident attorneys in Elkhart, Indiana or call 317-401-8626.

How Semi-Truck Driver Fatigue Causes Accidents

It’s especially common in Indiana for truck drivers to cause accidents due to driving while fatigued. Many truckers work unreasonably long hours and fail to get proper rest.

What Can Cause Semi-Truck Driver Fatigue

Trucker fatigue is a leading cause of serious truck accidents on Indiana roads. When commercial truck drivers operate their vehicles while exhausted, they put themselves and other motorists at significant risk. Understanding the common causes of fatigue can help in determining fault and establishing liability when accidents occur.

Common Causes of Trucker Fatigue:

• Long Hours Behind the Wheel: Despite safety regulations limiting driving time, many truckers exceed these limits to meet delivery deadlines set by trucking companies.
• Inadequate Sleep: Drivers often sacrifice proper rest to cover more miles, especially when compensation is tied to distance traveled.
• Pressure From Employers: Unrealistic delivery schedules from trucking companies can force drivers to choose between safety and employment.
• Medical Conditions: Untreated sleep apnea and other sleep disorders are common among truckers and can severely impact alertness.
• Night Driving: Many truckers operate at night when the body naturally wants to sleep, disrupting normal circadian rhythms.
• Poor Road Conditions: Navigating through construction zones, heavy traffic, or poor weather requires increased concentration, which accelerates fatigue.
• Medication Side Effects: Some prescription and over-the-counter medications can cause drowsiness, worsening fatigue.

If you’ve been injured in an accident in Elkhart involving a fatigued trucker, your accident attorney can gather evidence to prove the truck driver’s negligence. This might include reviewing the driver’s logbooks, examining the truck’s electronic logging device data, or interviewing witnesses from the accident scene.

An experienced truck accident lawyer in Elkhart can help establish that fatigue contributed to your accident, potentially allowing you to claim maximum compensation for medical expenses, property damage, lost wages, pain and suffering, and emotional distress. This may involve holding several parties responsible, including the driver and the trucking company that employed them.

Federal Regulations on Shift Length and Mandatory Breaks

Federal trucking safety regulations aim to prevent truckers from overworking. The Federal Motor Carrier Safety Administration’s (FMCSA) regulations dictate that commercial truck drivers must:

• Not drive for over 11 hours in a workday
• Take a 30-minute break if they’ve driven for over eight hours straight
• Not drive over 14 successive hours after coming on duty
• Not drive over 60 hours in seven consecutive days or over 70 hours in eight consecutive days

Unfortunately, many truckers fail to abide by these regulations. Despite FMCSA rules, truck companies often expect drivers to meet unrealistic deadlines. Independent contract truckers may also work for hazardous lengths to increase their incomes.

A trucker operating their vehicle while fatigued is incredibly dangerous because their reaction times are delayed and their judgment is impaired. Driving while fatigued is comparable to driving under the effects of alcohol. According to the National Sleep Foundation, staying awake for over 17 consecutive hours has a similar effect to having a blood alcohol content of 0.05%.

If you were injured by a fatigued driver, you should know driving while fatigued is a form of negligence, and the trucker or their employer may bear liability for your vehicle collision.

Why Getting Medically Evaluated After a Semi-Truck Accident is Crucial

If you suffered from a truck accident, you must seek medical treatment promptly. Some injuries aren’t immediately apparent after a vehicle collision. If you delay getting a medical evaluation, the at-fault party or their insurance companies will likely argue that the accident did not cause your injuries.

Getting an immediate medical evaluation is critical for establishing causation. You can use your medical records to help prove that the responsible party caused your injuries.

Other relevant evidence you can use includes:

• The police accident report
• Photos and videos of the accident scene
• Surveillance or dashcam footage
• Eyewitness statements
• Expert witnesses
• Black Box data
• Driver employment logs

Accident lawyers serve an integral role in holding the negligent parties responsible for losses. A skilled attorney can help you recover evidence, including subpoenaing data that you couldn’t obtain otherwise.

How Spinal and Traumatic Brain Injuries Impact a Victim’s Life

Due to their size and weight, commercial vehicles frequently cause catastrophic injuries. Many of those involved in truck accidents suffer from spinal cord and brain injuries, leading to disabilities.

A person suffering from these injuries may struggle to work, permanently reducing future earnings. Truck accident victims can seek compensation from negligent truckers or trucking companies to recoup lost income and other losses.

The financial impact is devastating, and victims also frequently suffer from overwhelming pain and suffering. Their injuries may limit their ability to enjoy life or cause emotional distress, depression, anxiety, and post-traumatic stress disorder.

How Are Non-Economic Damages Calculated?

Indiana courts don’t dictate how non-economic damages should be calculated, and the amount can be challenging to quantify.

If you qualify, your accident attorney in Elkhart will likely consider several factors when determining how much to demand from the at-fault party. Often, lawyers consider the severity of their client’s injuries and how they impact quality of life.

Another way that accident lawyers in Indiana quantify damages is through a multiplier method, using a factor of one to five.

It’s important to note that there are some situations when damages may be limited. In Indiana, those filing against government entities cannot recover more than $700,000 in combined damages.

FAQs

Who Is Liable if Semi-Truck Brake Failure Causes an Accident?

More than one party could be at fault, including the trucking company, repair shop, trucker, or truck parts manufacturer (including windshield wipers and other components).

What If I’m Hit By a Semi-Truck and Don’t Have Insurance?

For first-time accidents without insurance, you can still recover full compensation if the other driver is at fault.

Can I Only Collect Damages If My Injury is Severe?

No. Those who are injured in accidents due to others’ negligence shouldn’t be financially responsible for medical treatments. You can file a claim regardless of injury severity.

Contact an Elkhart, IN, Semi-Truck Accident Attorney

If you or a loved one suffered from a truck accident in Indiana, you can get reliable legal support from Crossen Law Firm. Our attorneys in Elkhart have numerous years of experience helping Indiana residents secure maximum compensation in personal injury claims.

Our law firm also represents family members of those who have tragically lost their lives in truck accidents. If you lost a loved one, we’ll work tirelessly so that the liable party is held responsible.

You can request your free consultation with an accident attorney today by filling out our form or calling 317-401-8626.

Remember that commercial vehicles involved in reckless driving or excessive speed limit violations often cause truck accidents with severe injuries that can change your life forever. Our experienced team has successfully handled numerous truck accidents where drivers failed to check blind spots or other parties contributed to the accident, and we’re prepared to fight for your rights against all responsible parties.