South Bend Semi-Truck Accident Lawyers

The deafening crunch of metal, the violent lurch, shards of glass everywhere—this horrifying reality of a semi truck accident leaves lasting physical and emotional scars. If a commercial truck shattered your life in the South Bend area, you urgently need experienced legal representation to protect your rights.

Unfortunately, the law is not completely on the victim’s side. Trucking companies and their insurance adjusters aim to minimize your claim, prioritizing profits over accident victims. According to Indiana’s Statute of Limitations, you have only two years after a South Bend truck accident to file a lawsuit and secure compensation for medical expenses, lost wages, pain and suffering, or wrongful death.

Don’t face this fight alone—Crossen Law Firm Indiana truck accident attorneys can help you build a strong legal case for the fair settlement you deserve: 317-401-8626.

What is a Blind Spot Semi-Truck Accident?

Your legal team will explain to you that blind spot semi-truck accidents often occur when a truck driver is unable to see a smaller vehicle in one of the truck’s “no-zones.” These blind spots are significantly larger than those in a passenger car, making it difficult for truck drivers to see other vehicles around them.b

The four main blind spots on a semi-truck are:

1. Directly in front of the cab
2. Below and behind the driver’s window
3. On the right side of the cab extending diagonally backward
4. Directly behind the trailer

When a driver changes lanes in a commercial vehicle, makes a turn, or brakes suddenly without being able to see a vehicle in one of these blind spots, a serious truck accident can occur. South Bend truck accidents often result in severe injuries or even wrongful death for the occupants of the smaller vehicle.

How Can Brake Failure Cause a Semi-Truck Accident?

Brake failure is a leading cause of South Bend truck accidents. A fully loaded semi-truck can weigh up to 80,000 pounds, and its braking system must be in perfect working order to stop such a massive vehicle safely. Lawyers for both sides understand that when a truck’s brakes fail, the driver may be unable to slow down or stop, leading to a catastrophic collision.

Brake failure can result in rear-end collisions, jackknife truck accidents, and other types of devastating crashes. The consequences of brake failure can be particularly severe on highways and interstates, where vehicles are traveling at high speeds.

What Causes Brake Failures in Semi-Trucks?

South Bend truck accident lawyers understand several factors can contribute to brake failure in semi-trucks. These include:

Poor Maintenance

Trucking companies are required by federal law to properly maintain their vehicles, including the braking systems. When trucking companies neglect to perform routine maintenance spelled out in regulations, it can lead to worn-out brake components, poorly adjusted brakes, and other issues that can cause brake failure.

In some cases, the victim’s lawyers may prove the trucking companies unhooked the brakes on their trucks to save money on wear and tear. Any attorney will make a point to demonstrate this is a reckless and dangerous practice that puts everyone on the road at risk and improves the odds of a truck accident case in South Bend.

Faulty Suspension/Imbalance

A truck’s suspension system plays a crucial role in its stability and braking. If the suspension is faulty or there is an imbalance in the braking system, it can cause the brakes to fail and increase the odds for a truck accident. For example, if the parts of the braking system are not correctly adjusted, it can lead to unbalanced brake pressure, causing wheels to lock up and the truck to jackknife or swing out of control.

Overheating

Continuous heavy braking, especially on long downhill grades, can cause a truck’s brakes to overheat. Overheated brakes can fade or fail completely, making it impossible for the driver to stop the truck. This is why it’s so important for truck drivers to use proper braking techniques and to be aware of the risks of overheating.

Overloaded Trucks

When a truck is overloaded, it places excessive strain on the braking system. This can diminish the brakes’ effectiveness and increase the likelihood of failure. Trucking companies that pressure their truck drivers to overload their trucks are not only violating federal regulations but are also putting other motorists in danger.

How Can Electronic Data Prove Brake Failure?

In the aftermath of a truck accident, electronic data from the truck’s Event Data Recorder (EDR), also known as a “black box,” can be crucial for law firms in proving brake failure and winning compensation for your claim.

Lawyers on both sides need and rely upon the EDR since it records a wealth of information about the truck’s operation in the moments leading up to a crash, including:

• Brake Application: The EDR will show whether the driver applied the brakes, how hard they were applied, and when they were applied. This can help to determine if the driver attempted to brake before the truck accident and if the brakes were functioning properly.
• Speed: The EDR records the truck’s speed at the time of impact and in the seconds leading up to it. This can help establish whether the driver was speeding and if they had enough time to stop.
• Engine RPM and Throttle Position: This data can provide insight into the driver’s actions before the crash. For example, if the EDR shows that the throttle was fully engaged and the brakes were not applied, it could indicate that the driver was not paying attention or that the brakes failed.

By analyzing the data from the EDR, a truck accident reconstruction expert can create a detailed timeline of the events leading up to the crash and help determine if brake failure was a contributing factor.

Head Injuries Caused by Semi-Truck Accidents

Head injuries are among the most devastating outcomes of any truck accident. When a commercial truck collides with a passenger car, occupants suffer violent jolts, causing the head to strike parts of the vehicle’s interior, potentially leading to traumatic brain injuries (TBIs), which may include:

Concussion: A concussion is frequently claimed by insurance companies and their attorneys as a “mild” injury. This is a dangerous claim in a high-impact South Bend truck accident. This injury occurs when the brain impacts the skull, often resulting in headaches, dizziness, memory issues, confusion, and concentration problems.

Symptoms can appear days or weeks after the truck accident. Insurance companies often downplay concussions to reduce settlements, despite their significant effects, including lost wages and emotional distress. Proper medical diagnosis is crucial, and our experienced legal team collaborates with medical experts to document these injuries thoroughly in your personal injury claim.

Contusion: A cerebral contusion, or brain bruise, results from a direct impact to the head during a truck accident, often when striking the steering wheel or dashboard. Unlike external bruises, contusions cause dangerous brain swelling (cerebral edema), increasing intracranial pressure and risking severe neurological damage or death.

These injuries need immediate medical intervention, generating substantial medical expenses. An experienced attorney helps by ensuring these future medical costs are factored into your compensation claim.

Hemorrhage: Uncontrolled bleeding within or around the brain are called a “hemorrhage” and are life-threatening emergencies commonly resulting from the violent impact of a truck accident. Different hemorrhages—epidural, subdural, or intracerebral—can starve the brain of oxygen and apply deadly pressure on brain tissue, causing permanent damage, coma, or wrongful death. Treatment usually involves emergency surgery and long-term care, imposing significant medical bills. For loved ones, pursuing a legal claim ensures compensation and resources for lifelong care.

Diffuse Axonal Injury (DAI): A DAI results from the brain’s violent shaking and rotation during a truck accident, damaging nerve fibers essential for brain communication. Unlike direct-impact injuries, DAIs are challenging to detect with standard imaging, yet often result in coma or severe, permanent neurological disabilities. Securing compensation requires sophisticated legal and medical strategies that our experienced South Bend truck accident attorneys provide.

Penetrating Injury: Penetrating head injuries occur when objects from a truck accident breach the skull and damage brain tissue. Examples include shattered metal, glass shards, or unsecured cargo that become projectiles. Such injuries cause immense initial damage and carry high risks of infection or other complications. The damage is typically permanent, impacting speech, mobility, or personality, profoundly affecting accident victims and their families for life.

Long-Term Impact of Head Injuries

The long-term consequences of a head injury from a South Bend truck accident can be devastating—impacting not only accident victims but also their loved ones. Our experienced truck accident lawyers see these life-changing personal injury cases far too often, where the effects ripple through families, jobs, and futures.

If you’ve suffered a head injury because of a negligent truck driver or careless trucking company, you may be entitled to significant compensation for your damages, including medical bills, lost wages, and pain and suffering.

Here’s how these injuries can impact your life for years to come:

Altered Consciousness

In severe truck accident cases involving large commercial trucks or 18 wheelers, traumatic brain injuries can leave victims in a coma or vegetative state. Experienced truck accident lawyers in South Bend understand that after waking, accident victims may struggle with reduced awareness or persistent confusion. This dramatically affects their ability to work and can severely limit earning capacity—key reasons to file a lawsuit with the help of experienced Indiana truck accident attorneys.

Blood Vessel Damage

Truck crashes can cause the brain to move violently inside the skull, tearing delicate blood vessels. This may lead to strokes, dangerous clots, or long-term neurological issues. Truck accident attorneys frequently work with medical experts and accident reconstruction specialists to prove these injuries were directly tied to the accident, building the correct legal action for compensation.

Sense and Communication Problems

Victims of a truck crash may develop serious sensory problems, including vision loss, ringing in the ears, or trouble with taste and smell. Communication issues—like difficulty speaking, understanding words, or writing—are also common. These challenges can make everyday tasks daunting, and may require costly therapy or assistive devices that truck companies and their insurance companies should pay for.

Cognitive and Emotional Issues

It’s not unusual for South Bend truck accident victims to face memory lapses, trouble concentrating, mood swings, depression, or anxiety. These personal injury complications often derail careers and relationships, creating grounds for substantial damages. Our truck accident lawyer team in South Bend ensures every case is fully valued so you get the largest settlement the law provides that also reflects financial losses and emotional pain.

Degenerative Brain Disease

Sadly, a serious head injury from a commercial vehicle accident may increase the risk of long-term diseases like Alzheimer’s or Parkinson’s. While no amount of compensation can reverse this, financial recovery can help meet future expenses and protect your loved ones.

Because the statute of limitations in Indiana is only two years, you need to take legal action swiftly. Trucking companies and their insurance company’s lawyers often start building a defense before the accident scene is cleared. You need South Bend truck accident lawyers in your corner to fight for your legal claim.

Our law firm handles truck accident legal claims with compassion and precision, working to secure compensation for you or your loved one’s medical expenses, lost wages, and long-term care. If you need legal representation after a truck accident in South Bend, contact us today for a free consultation.

Every case our law firm takes is aimed at holding negligent truck drivers and trucking companies accountable—so you can focus on healing while we handle the insurance companies and build the strongest possible legal claim to secure a fair settlement.

How Can Multiple Parties Be Liable for a Semi-Truck Accident?

In South Bend and across Indiana, truck accident cases are rarely simple. Unlike typical car crashes, accidents involving large commercial trucks often have multiple parties who may be liable. This is because the trucking industry involves many players — from trucking companies and truck drivers to manufacturers and cargo loaders — each of whom could share fault.

Understanding who may be responsible is crucial for those involved in a truck accident who are seeking compensation. An experienced truck accident lawyer can investigate the accident scene, review maintenance logs, and work with accident reconstruction experts to determine every negligent party. This is key to building a strong case and maximizing recovery for your medical expenses, lost wages, and pain and suffering.

Responsible parties may include:

The Trucking Company

Trucking companies often bear significant legal responsibility. Under Indiana law, a trucking company can be liable if it was negligent in hiring unqualified truck drivers, failed to train them properly, or ignored the laws regarding federal safety regulations. Many truck accident claims also arise because trucking companies push drivers to exceed hours-of-service rules, leading to fatigue and devastating crashes.

The Owner of the Truck or Trailer

Sometimes, the company that owns the 18 wheeler is different from the trucking company operating it. If a mechanical failure caused by poor maintenance led to the truck accident, the owner could be on the hook for damages.

The Manufacturer of the Truck or Parts

Defective brakes, tires, or steering components can turn a truck into a deadly hazard. In such cases, the manufacturer of the truck or its parts may be liable under product liability law. These claims help skilled truck accident attorneys who understand how to prove that design or manufacturing defects caused the accident.

The Maintenance Provider

Commercial trucks require rigorous maintenance. If a maintenance company performed sloppy repairs or skipped critical inspections, they could be liable for a subsequent truck crash. Our legal team often subpoenas maintenance records to uncover this kind of negligence to help your lawyers take legal actions against the maintenance and insurance company.

The Loading Company

Overloaded or improperly secured cargo can cause a truck driver to lose control, jackknife, or even tip over. Your attorneys need to prove the loading company was responsible for loading the truck and thus sharing fault if poor loading practices contributed to your accident and injuries.

How Indiana’s Comparative Negligence Law Assigns Fault

When it comes to truck accidents in South Bend, determining who pays isn’t always straightforward. Indiana follows a law that’s known as a modified comparative negligence system, which has a direct impact on how much compensation you can recover after a serious truck accident involving 18 wheelers.

Under Indiana law, in truck accident cases fault is divided among all parties involved—including victims. This means if you are found partially responsible for causing the accident, your total award will be reduced by your percentage of fault.

For example, say a trucking company and their truck driver failed to secure the load properly, but you were also speeding slightly at the time of the crash. If a jury decides you were 20% at fault, your total compensation would be reduced by that amount. So a $500,000 award would become $400,000.

However—and this is critical—if you’re found 51% or more at fault, Indiana law bars you from recovering any compensation at all. This makes it absolutely essential to have an experienced truck accident lawyer handling your case. Experienced insurance companies for trucking companies have attorneys too, and they aggressively push more blame onto you so they can pay less. Our legal team knows these tactics and our attorneys make sure fault is assigned fairly.

That’s why you need to work with South Bend truck accident lawyers who can bring in accident reconstruction experts, secure black box data, and collect witness statements. These tools help build a strong case showing the true cause of the accident—whether it was poor maintenance, an overloaded truck, or a fatigued truck driver pressured by the company to skip rest breaks.

Punitive Damages After a Semi-Truck Accident

In some cases, it may be possible to recover punitive damages in addition to compensatory damages. Punitive damages are not intended to compensate you or your accident lawyers for your losses, but rather to punish the defendant for their egregious conduct that caused personal injuries in the accident and to deter others from engaging in similar behavior.

Egregious Conduct

To be awarded punitive damages in a semi truck accident, you must be able to prove that the defendant’s conduct was more than just negligent but also “egregious.” You must show that the defendant acted with a conscious or reckless disregard for the safety of others.

Examples of egregious conduct that may warrant punitive damages in your accident case include:

• Failure to Maintain Truck: If the trucking firm knew that the truck was in a dangerous condition but allowed it to be driven anyway, this is considered egregious in an accident case. For example, if the company knew that the brakes were faulty but did not make sure to have them repaired, and the brakes failed and caused a truck accident, the company could be held liable for punitive damage claims.
• Driver Intoxication or Fatigue: If the truck driver was intoxicated or fatigued at the time of the truck accident, this could also be considered egregious conduct. Truck drivers are required to follow strict hours-of-service regulations to prevent them from driving while they are tired. If a driver violates these regulations and causes an accident, they could be held liable for punitive damages in a truck accident case.

Crossen Law Firm | South Bend Semi-Truck Accident Lawyers

At Crossen Law Firm, our team of seasoned Indiana truck accident lawyers knows how devastating these collisions can be. We’re committed to helping truck accident victims through overwhelming cases and fighting to hold trucking companies and their insurance companies accountable.

Our attorneys have a proven record of getting victims the compensation they need.

Call us today at 317-401-8626 for a free consultation with our South Bend truck accident attorneys. Don’t let the statute of limitations run out the clock on your accident claim—let our lawyers help you with your case.