Truck Accidents on the Indiana Toll Road: What Elkhart Drivers Should Do (and Who’s Liable) After an I-80/90 Crash

August 1, 2026

• Thousands of trucks pass through Elkhart on I-80/90 every day. That increases the chances of accidents, which could mean extremely high medical bills, lost wages, and the pain and suffering of severe injuries.
• Getting fairly compensated depends on determining liability. You’ll need to gather evidence and make sure that trucking companies keep their records, electronic and otherwise.
• The best way to determine what parties are liable, preserve evidence, and hit all the filing deadlines is to work with an experienced Elkhart truck accident lawyer.

Driving on the Indiana Toll Road near Elkhart can be stressful under the best of conditions. Even if it isn’t raining or snowing, there is nearly always heavy traffic cutting across the state in either direction.

And no matter what the conditions are, there are usually going to be a lot of trucks speeding to pick up or drop off their cargo, and this can make this stretch of the Indiana Toll Road especially dangerous. Trucks are among the leading causes of accidents for Elkhart drivers. And given the size of semis, they can inflict serious, life-changing injuries, or worse.

If you are in a truck accident on the Indiana Toll Road, you deserve compensation for medical bills, lost wages, and the pain and suffering you’ll incur. Trucking companies will try to fight you. You can fight back by finding an experienced Elkhart truck accident lawyer.

Why Truck Accidents Are So Common on the Indiana Toll Road

Trucking is vital to Elkhart’s economy. Living in the “Crossroads of America” means that thousands of trucks will pass through each day.

But all that commercial activity comes with a cost. Truck drivers are under enormous pressure to deliver. While there are strict regulations about driving hours, these might be ignored due to pressure from employers as well as the drivers’ own choices.

Drowsy driving can be exacerbated by a number of external factors too, including:

• Inclement weather
• Poorly maintained roads
• Unsecured/excessive freight
• Bad brakes
• Damaged or severed tow hitches

So who is at fault if there is a truck accident on the Indiana Toll Road?

Determining Liability After a Truck Accident

Think about the interchange on I-80/90 near Highway 19. It’s often confusing and crowded, with trucks merging and changing lanes regularly while trying to avoid other drivers.

If you’re in an accident there, or anywhere else, your first priority is staying safe. Once you’re out of harm’s way, call 911 – on the highway, the Indiana State Police will respond. You will also want to notify your insurance company, but make sure you know what not to say before you do.

And if you’re able to, gather evidence. The police may fill out a report and issue citations, but the more evidence you can get, the better. Take pictures of your car, the truck, and any debris. Talk to witnesses and get their names and numbers.

This evidence can be indispensable when it comes to determining liability, which could be shared by multiple parties, including:

• The truck driver
• The trucking company
• The company whose freight is being transported
• The cargo loader
• The party responsible for truck maintenance
• The Indiana Department of Transportation (INDOT) if the roadways are in disrepair
• A separate driver in some instances

The trucking company in particular may do everything it can to make sure it doesn’t have to pay out. That’s why you’ll want move swiftly to preserve any evidence in its possession.

Preserving Evidence from the Trucking Company

Indeed, the trucking company could have a wealth of information that may be important to your claim, including:

• Logs from the Event Data Recorder or “black box” (like engine speed, velocity before impact, status of the accelerator, brake pedal on/off status, steering wheel angle, and more)
• Driver qualifications, licensing, and training
• Drug and alcohol test results
• Hours of Service (HOS) documentation
• Internal memos related to the accident

In theory, trucking companies are supposed to save these materials. In real life, black box data is overwritten through neglect or willful malice. Memos go missing. Paperwork gets lost. Remember, the trucking company has a strong incentive to shift blame to other parties to get out of its financial debt to you.

That’s why it’s important to partner with an attorney who knows how to handle semi-truck accidents. By sending out a “spoliation letter” immediately, your lawyer can make sure that the trucking company and any other potentially liable parties preserve evidence so that your case doesn’t get lost.

The Timing Factor with INDOT

One last factor to keep in mind is that, if INDOT bears any liability for your Elkhart truck accident, you will have to file a Notice of Tort Claim within 180 days, far less than the two years you would normally have to take action.

This is not the same as filing a lawsuit, nor does it replace the need to file, but it’s a necessary step that must be completed before you can move forward with a suit or claim against a government body, and it’s one that might easily be missed without a seasoned legal team at your side.

Reach Out to Our Experienced Elkhart Truck Accident Attorneys

The Elkhart truck accident lawyers who won’t miss a step are 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.

Simply call us at (317) 472-3333, chat with us online, or fill out our contact form now for a free consultation with a knowledgeable Elkhart truck accident attorney.