Elkhart Truck Accident Lawyers

Hensley Legal Group, PC has what it takes to obtain the maximum amount of compensation available for a serious truck accident in Elkhart, IN, including:

• Extensive experience with complex truck accident claims, where multiple defendants could share liability for your damages.
• The impact of a national firm with the feel of a local practice that was founded by and for hardworking Hoosiers like you.
• Proven success with large vehicle injury litigation, including a $25 million jury verdict* for a collision with an ambulance.

*SPECIFIC CASE RESULTS.  NO TWO CASES ARE EXACTLY ALIKE.

Trucking is central to life in Elkhart, IN, supporting the operations of major businesses like Forest River and Conn-Selmer while supplying the public with essential goods, but the fact remains that truck accidents continue to be some of the most devastating events in the city today. Motorists are four times more likely to die in truck accidents than they are in car accidents, but even a non-fatal crash on US-33 with a truck weighing 127,400 pounds could inflict punishing injuries demanding prolonged treatment that few Elkhart families could afford by themselves.

Fortunately, you may have grounds for a personal injury case if you get hurt by a reckless trucker in the Elkhart area, although a positive outcome isn’t guaranteed given the stiff opposition you might face from insurance companies who might have millions of dollars on the line. However, you can tip the odds in your favor by partnering with the seasoned truck accident lawyers at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998 and who have proven success with large vehicle injury litigation, with such satisfying outcomes as a:

• $25 million verdict for a collision with an ambulance.
• $5.5 million settlement for a semi-trailer accident.
• $1.4 million claim resolution for a delivery truck crash.

In recognition of achievements like these, Hensley has been named one of the Best Law Firms in the United States by Best Lawyers®. Our attorneys have also earned inclusion in the Million Dollar Advocates Forum, Super Lawyers, America’s Top 100 Attorneys, and the National Trial Lawyers’ lists of the Top 100 Trial Lawyers and the Top 40 Under 40.

Yet as humbled as we are by these accolades, we’d be equally humbled by the opportunity to represent you, so please schedule a free consultation with a skilled Elkhart truck accident attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.

Why Do Truck Accidents Take Place?

Truck accidents can take place because of a wide range of factors, but the biggest factor by far tends to be the people driving them. The Indiana University Public Policy Institute has linked 65 percent of auto accidents in Indiana to “unsafe [driver] actions,” while the Federal Motor Carrier Safety Administration (FMCSA) credits 87 percent of the “critical reasons” for truck accidents to drivers. Some of the most frequent mistakes that truckers make behind the wheel include:

• Speeding
• Distraction
• Illicit phone use
• Following too closely (tailgating)
• Not yielding the right of way
• Driving under the influence of alcohol or drugs
• Changing lanes abruptly
• Passing or overtaking improperly
• Disregarding traffic signs and signals

Granted, these kinds of mistakes could be made by any driver, and truck drivers may be less likely to make them thanks to their advanced level of training, but they might be more prone to one particular form of vehicular misconduct, and that’s driving while drowsy.

Whereas most drivers only drive about 61.3 minutes per day, truckers basically drive for almost the entirety of their waking hours, significantly increasing their chances of nodding off at the worst possible moment. To keep this from happening, the FMCSA has enacted Hours of Service (HOS) regulations that impose strict caps on how long truck drivers’ shifts can last and how much of those shifts can be devoted to driving. Sadly, pressures from their employers and their personal finances may convince truckers to ignore the law and their own physical constraints, and anyone in the immediate vicinity might ultimately pay the price.

In addition to the driver-based causes of an Elkhart truck accident, there may be external elements that could play a role, such as:

• Rough terrain
• Inclement weather

In some instances, a problem with the truck itself could bring about a collision, like:

• Malfunctioning brakes
• Unsecured or excessive freight
• Jackknifing trailers
• Separated tire treads
• Severed tow hitches
• Dimming headlights
• Broken turn signals

But no matter why your truck accident takes place, our Elkhart truck accident lawyers will do everything in their power to hold everyone who may be liable for it to account.

Who Is Liable for an Elkhart Truck Accident?

Of course, determining who is liable for an Elkhart truck accident is sometimes easier said than done because of the inherent complexity of the trucking industry, where a single shipment by truck might be the work of many parties who might each bear responsibility if something goes wrong.

The two most common defendants in an Elkhart truck accident case are the truck’s driver, who may have direct liability for his or her own actions, and the trucking company, which may have vicarious liability for the driver’s actions and potentially some direct liability of its own.

Nevertheless, others might be liable too, like a loader whose poorly fastened cargo impedes maneuverability, a mechanic who fails to prevent a breakdown, a manufacturer of a deficient component that hastens that breakdown, or a government agency in charge of a road in disrepair. Very often, multiple defendants will share varying levels of legal and economic liability simultaneously, and they must all be pursued within the time allotted by law, known as the Statute of Limitations.

The Statute is typically two years from the date of an Indiana truck accident, but the window could be much narrower in claims against the government, along with further conditions that may have to be met. Neglecting to file suit or otherwise wrap up your claim before the Statute expires could forever bar you from full recovery, the sort of careless oversight that a firm as meticulous as ours won’t ever allow.

How Hensley’s Elkhart Truck Accident Attorneys Can Make a Huge Difference

The effects of a serious truck accident in Elkhart, IN can be felt for months, years, or sometimes decades to come, burying you beneath a mountain of debt while robbing you of the ability to dig your way out. Before you realize it, you and your loved ones could end up teetering on the edge of a fiscal cliff, but this is when the Elkhart truck accident attorneys at Hensley Legal Group, PC can make a huge difference.

If you hire Hensley, we will launch a comprehensive investigation to discover why your Elkhart truck accident occurred and identify everyone who might be at fault for it, then establish valid claims against them in a timely manner. If the situation calls for it, a lawsuit may be filed as well in a court with the authority to issue a binding judgment.

Next, we will act swiftly to amass the materials necessary to build your case, interceding legally when warranted to prohibit spoliation of evidence, defined by the Supreme Court of Indiana as “the intentional destruction, mutilation, alteration, or concealment of evidence.” These materials may include:

• Police reports
• Citations and dispositions
• Crash site photos
• Dash cam, streetlight, truck yard, warehouse, and surveillance footage
• Witness statements
• Black box, ECM, and ELD data
• Phone records
• Hiring and training documentation (DQFs, MVRs, drug and alcohol tests)
• Dispatch messages
• Bills of lading
• FMCSA HOS logs
• Vehicle inspection and maintenance histories
• Forensic analysis and accident reconstruction

Upon putting together an airtight case against each of the defendants, our tenacious Elkhart truck accident lawyers will negotiate fiercely with their insurance carriers for a settlement that reflects the totality of your damages, such as your:

• Medical bills
• Lost income
• Pain and suffering
• Mental and emotional trauma
• Impaired mobility
• Scarring and disfigurement
• Reduced quality of living
• Loss of consortium (if relevant)

And if we don’t receive an offer that is worthy of your claim, we aren’t afraid to go to trial for a verdict that is, unlike the many firms out there who rarely set foot inside of a courtroom.

No two Elkhart truck accident cases are completely the same, but we will always strive to obtain the maximum amount of compensation available for yours.

You Won’t Owe Us Anything Unless We Win

If you are reluctant to commit to more expenditures after spending so much already, you may be relieved to hear that Hensley Legal Group operates on a contingency basis, meaning that you won’t owe us anything unless our Elkhart truck accident attorneys win your case.

At Hensley, we take on clients because we believe in them, and we are willing to take on every burden involved in making them whole again.

Reach Out to Our Elkhart Truck Accident Lawyers

Hensley Legal Group has been standing up for the innocent victims of negligence for almost three decades. If you’re struggling to get back to normal after a catastrophic truck accident in Elkhart, IN, reach out to our Elkhart truck accident lawyers to learn more about your legal options.

Just call us at (317) 472-3333, chat with us online, or fill out our contact form for a no-cost case review with a knowledgeable Elkhart truck accident attorney at our firm.

Frequently Asked Questions

How much is my truck accident worth?

While a capable lawyer will always strive to maximize the value of an Elkhart truck accident case, there is no way of knowing in advance what its value might ultimately be because every truck accident is different.

However, a wide range of factors could have a bearing on your final compensation package, such as the events leading up to the collision, the nature and extent of the damages you incurred, and the amount of insurance coverage applicable to the incident.

Who can be liable for a truck accident?

A number of parties could potentially be liable for a truck accident, although the most common defendants in Elkhart truck accident cases are truck drivers and trucking companies.

Other defendants might include mechanics, cargo loaders, the manufacturers of defective automotive components, and even government agencies, and they must all be pursued within the time allotted by law.

How long do I have to file a truck accident lawsuit?

You don’t necessarily have to file a lawsuit in order to get compensated for an Elkhart truck accident, but it does have to be filed before the Statute of Limitations expires if you decide to do so.

The Statute is two years for most truck accidents in Indiana, but it could be considerably shorter in some instances, with other conditions that may have to be met too, so it may be a good idea to go over the requirements with a knowledgeable Elkhart truck accident attorney as soon as possible.

What evidence is needed to build an Elkhart truck accident case?

Strong evidence is vital to demonstrating liability on the part of the defendants, although the particular evidence needed to build an Elkhart truck accident case can vary. Depending upon the circumstances, it may include:

• Police reports
• Citations and dispositions
• Photos and videos
• Witness statements
• Black box, ECM, and ELD data
• Phone records
• Hiring and training documentation (DQFs, MVRs, drug and alcohol tests)
• Dispatch messages
• Bills of lading
• FMCSA HOS logs
• Vehicle inspection and maintenance histories
• Forensic analysis and accident reconstruction

Regardless of what materials you require, it is critical to act swiftly to either obtain them or preserve them from destruction.

What does it cost to hire you?

The Elkhart truck accident lawyers at our firm operate on a contingency basis. This means that it won’t cost you anything up front to hire us, or anything whatsoever unless we win your case.

Once we do, we’ll request reimbursement for our out-of-pocket expenses and a fee for our services, usually as a fixed percentage of your settlement or verdict.