Indiana Runaway Truck Accident Lawyers
There are nearly 275,000 semi-trailers registered in Indiana, more than any other state besides California and Texas. Though these trucks are central to commerce in the region, their sheer size is a source of concern. With the state permitting trucks weighing up to 80,000 pounds to operate within its borders, the strain that these vehicles endure can be enormous, as could the damage they might inflict if they crack under that strain.
The brunt of a truck’s considerable mass generally falls upon its brakes. Perhaps unsurprising, brake errors account for 29.4 percent of truck accidents involving injury or death and 27 percent of two-vehicle truck accidents – nine times the brake-related two-vehicle accident rate for smaller passenger vehicles. And when those brakes fail, a driver could end up helpless behind the wheel of a runaway truck, while anyone in the immediate vicinity could be at risk of sustaining grievous bodily harm that could be beyond the means of most Indiana families.
While you may be eligible to pursue a personal injury case if you get injured in a runaway truck accident, full compensation can be elusive, particularly if you are dealing with an obstinate insurance company looking to minimize its economic exposure. To tip the odds in your favor, turn to the truck accident lawyers at Hensley Legal Group, who have been protecting the rights of hardworking Hoosiers since 1998.
You can call or text us at (317) 472-3333, chat with us online, or fill out our contact form now to schedule a free consultation with a dedicated Indiana runaway truck accident lawyer.
Why Do Runaway Truck Accidents Occur?
Runaway truck accidents typically occur when a truck’s brakes fail while the truck is in an inclined position, such that it may begin moving on its own, endangering anyone in the runaway truck’s path. To understand why a truck’s brakes may fail, it is important to first understand how they work.
The vast majority of commercial trucks and semi-trailers use compressed air brakes rather than the hydraulic fluid brakes found in most passenger vehicles. Air brake systems offer superior stopping power, though they are much more complex, with more valves, lines, and tanks. If any of these elements should malfunction, the whole brake system could fail, making a runaway truck accident inevitable.
Common causes of truck brake failure include:
- Imbalanced brakes – Mismatched mechanical components and other complications with the air brake system could apply force unequally amongst the brakes, with the subsequent imbalance potentially locking brakes up during a sudden stop.
- Suspension misconfiguration – A suspension system that has been misconfigured could put added stress on a truck’s brakes, possibly hastening their demise.
- “Riding” the brakes – Truckers who keep deploying or “riding” the brakes could squeeze air out of the compressor more quickly, such that the brakes could fail when they are needed.
- Underusing tractor brakes – Just as overusing brakes could be damaging to them, deliberately underusing tractor brakes by disconnecting them in order to extend their duration could put too much pressure on the trailer brakes, thereby making a truck more likely to experience brake failure and run away.
- Overloading – When a truck is loaded with more freight than it can bear, it may be unable to keep its grip on the road, which could result in a runaway truck accident.
- Overheating – Brakes that are imbalanced or subject to improper braking technique could overheat while a truck is traveling downhill, which could send the truck on a hazardous collision course.
- Defective parts – A truck with brakes or parts that are defectively designed or produced is likelier to break down when positioned at a steep angle, after which it could be difficult for the driver to stay in control.
- Irregular maintenance – Most of these problems could be identified and remedied in time to avoid a runaway truck accident if the truck undergoes routine maintenance. Unfortunately, trucking companies that prioritize short-term savings over the public’s well-being may cut down on the frequency of inspections and ignore the issues that do arise until a catastrophe is a forgone conclusion.
Our Indiana runaway truck accident attorneys are ready to analyze the circumstances of your accident and determine the next steps to take against the ones at fault for it.
Who Is at Fault for a Runaway Truck Accident?
But who exactly is at fault for a runaway truck accident? The answer will depend upon the facts leading up to it.
For example, a truck’s driver could be liable for actions causing the truck to run away or for not regaining control of the truck before it hits something, as could the owner of the truck (if separate from the driver), both for the driver’s misconduct and the owner’s own mistakes. A company making use of the truck (if separate from the owner) could also be blamed along comparable lines.
Various outside parties could be culpable as well, such as a loader when excessive or unsecured cargo initiates a runaway event, a mechanic when inadequate servicing precipitates a breakdown, or a manufacturer, distributor, or retailer of parts contributing to that breakdown. In some instances, multiple individuals or entities might share varying levels of legal liability for the same runaway truck accident, for which they might share varying levels of fiscal liability.
Given how many defendants there could be, it is essential to go after all of them within the time allotted by law, known as the Statute of Limitations. The Statute for most truck accidents in Indiana is two years, though it could be shorter in cases against government agencies. A plaintiff who neglects to file a lawsuit or resolve a claim before the Statute elapses could be forever barred from doing so – but you can rest assured that Hensley’s meticulous runaway truck accident lawyers will never allow a regulatory oversight to stand between you and justice.
What Our Indiana Runaway Truck Accident Attorneys Can Do for You
A runaway truck can knock your life off its axis. Simply making ends meet could soon become a challenge, much less meeting the new demands on your finances.
You need attorneys with the compassion to support you through your darkest hour and the wisdom to guide you back into the light. You need the Indiana runaway truck accident attorneys at Hensley Legal Group. No feat is too daunting or adversary too intimidating to prevent us from tirelessly advocating for our clients.
If you hire Hensley, we will launch a comprehensive investigation into your runaway truck accident and everyone responsible for it, acting swiftly to gather the necessary evidentiary materials, such as:
· Police reports
· Citations and dispositions
· Crash scene photos
· Streetlight, dash cam, and surveillance footage
· Black box data
· Eyewitness statements
· Phone records
· Hours of Service (HOS) and truck inspection logs
· Forensic analysis and accident reconstruction
After assembling an airtight case, our Indiana runaway truck accident lawyers will endeavor to negotiate a settlement that reflects the totality of your losses, including:
· Past, present, and future medical expenses
· Lost wages
· Reduced earning capacity
· Pain and suffering
· Psychological anguish
· Diminished quality of living
· Restricted mobility
· Loss of consortium
· Punitive and wrongful death damages (if applicable)
And if we do not receive an offer that is worthy of your case, we are more than willing to go to trial for a verdict that is, unlike many of our competitors, who rarely, if ever, see the inside of a courtroom.
Every runaway truck accident is different, but we will always strive to maximize the value of yours.
You Won’t Have to Pay Unless We Win
You may be reluctant to spend more money when you can least afford it, but you should know that our firm works on a contingency basis, so you won’t have to pay us anything unless our Indiana runaway truck accident attorneys win your case.
You have enough to worry about trying to recover your health. Let Hensley worry about recovering the resources to do it.
Reach Out to Our Indiana Runaway Truck Accident Lawyers
Hensley Legal Group has been fighting for the everyday people of Indiana for over a quarter century. If you have been hurt because of somebody else’s negligence, reach out to our Indiana runaway truck accident lawyers to explore your legal options.
You can arrange a no-cost case review with an accomplished Indiana runaway truck accident attorney by calling or texting us at (317) 472-3333, chatting with us online, or filling out our contact form today.
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