Truck Accident Lawyer

It’s only natural to feel nervous when you come across a big truck on an Indiana highway like the I-65.  With the state allowing trucks and semi-trailers weighing upwards of 127,400 pounds to operate within its borders, truck accidents can be among the most destructive events in Indiana traffic.  And while professional truck drivers have an obligation to keep themselves and others on the road safe, far too many of them shirk this obligation, sometimes with tragic consequences.

Fortunately, you could be eligible to seek financial damages if you are the victim of an Indiana truck accident caused by somebody else, though a favorable outcome is not guaranteed.  To overcome the challenges that may lay ahead, consider getting in touch with the Indiana truck accident lawyers at Hensley Legal Group, who are committed to fighting as fiercely for their clients as they would for their own families. 

We invite you to learn more about your legal options from a seasoned Indiana truck accident attorney by calling or texting us at (317) 472-3333, chatting with us online, or filling out our contact form today. 

Why Are Truck Accidents More Devastating than Car Accidents? 

Various factors could make accidents involving trucks far more devastating than comparable crashes between smaller passenger vehicles like cars, not least of all the fundamental disparity in size.  

Trucks and semi-trailers can be 30 times heavier than the average motor vehicle on the street, so they tend to inflict significantly greater damage during collisions.  Frequently, a truck accident will conclude with a total “write-off” of the other vehicle and catastrophic injuries for its occupants, such as: 

• Brain damage 

• Spinal cord trauma 

• Fractures and broken bones 

• Internal bleeding and hemorrhaging 

• Amputation of limbs 

• Burns 

• Paralysis 

• Coma 

• Death 

Injuries of this magnitude routinely necessitate prolonged medical treatment at a price that could very few could afford on their own. 

But the disproportionate physical and economic harm that large commercial vehicles can leave in their wake could be offset by the amount of insurance coverage that truck owners need to carry.  Trucks weighing more than 10,000 pounds that transport non-hazardous property must have a minimum of $750,000.00 in liability insurance coverage, and their maximum coverage may be as high as $5 million when they move hazardous cargo.   

Policy limits like these could increase your chances of being fairly reimbursed after an Indiana truck accident, but they could also create an added incentive for the insurance companies to devalue your case.  A veteran insurance adjuster may cast doubt on the extent and relevance of your damages or even try to pin the truck accident on you in order to justify making a lowball offer or denying your claim entirely.  

In the face of such stiff opposition, many injured victims find that they could benefit from skillful legal assistance – the kind that the Indiana truck accident lawyers at Hensley Legal Group have been providing to their satisfied clients since 1998. 

Why Do Indiana Truck Accidents Happen? 

If you hire Hensley, we will launch a comprehensive investigation to identify all of the individuals and entities who may bear responsibility for your Indiana truck accident, since they will be your primary sources of recovery. 

But if you hope to track down every potential defendant, you must first determine how the truck accident happened.  While an Indiana truck accident could have many causes, most often it is the result of driver error.  The Indiana University Public Policy Institute attributes 65 percent of all collisions in Indiana to “unsafe [driver] actions,” while the Federal Motor Carrier Safety Administration (FMCSA) claims that drivers account for 87 percent of the “critical reasons” for truck accidents. 

Some of the most common driver errors associated with Indiana truck accidents include:  

• Speeding 

• Distraction 

• Intoxication 

• Following too closely (tailgating)  

• Failing to yield the right of way 

• Incorrect passing or overtaking 

• Disregarding traffic control signals 

• Changing lanes abruptly 

Admittedly, any driver could make these errors, and truckers may even be less vulnerable to them thanks to their training.  However, there are certain types of vehicular misconduct to which truck drivers could be especially susceptible.  Because their jobs demand that they remain behind the wheel for most of their waking hours, truckers may be much more prone to drowsiness than the typical American motorist, who only drives approximately 61.3 minutes each day.  The FMCSA has attempted to curb the effects of fatigue by preventing truck drivers from working more than 14 hours per shift, with no more than 11 of those hours reserved for driving, but pressure from their employers could push them to ignore these constraints – and put others in jeopardy. 

Aside from driver error, truck accidents could be caused by problems with the trucks themselves.  Defects in design, production, or care that could make a truck likelier to crash could may include:  

• Malfunctioning brakes 

• Tire tread separation 

• Weakening headlights 

• Broken signals 

• Snapped tow hitches  

• Excessive or unsecured cargo 

• Jackknifing trailers 

Some truck accidents could even be caused by outside elements that have no direct relationship to the trucks and their drivers, such as: 

• Poorly maintained roads 

• Inclement weather 

No matter why your truck accident happened, our Indiana truck accident attorneys will decide the best course of action against those who are at fault for it. 

Who Is at Fault for an Indiana Truck Accident? 

But exactly who is at fault for an Indiana truck accident?  The answer may not be obvious in light of the inherent complexity of the trucking industry.  Even a single shipment by truck could be the work the work of many hands, each of whom might be liable if something goes awry. 

As we have discussed, the truck’s driver could be pursued for behavior leading to a crash, along with its owner (if separate from the driver), both for the driver’s misconduct and the owner’s own mistakes, and any company making use of the truck along similar lines. 

Others could be liable too, such as a loader for a cargo-based collision, a mechanic or servicing agent for a breakdown-related crash, or a manufacturer, distributor, or retailer of a defective component that hastened a breakdown.  Sometimes a government agency could be culpable, whether because it owned the truck in question – such as a garbage or fire truck – or because it did not repair a dangerous road condition that made a truck accident inevitable.   

In some situations, multiple parties might share varying degrees of legal liability for the same truck accident, for which they might share varying degrees of fiscal liability, and it is imperative to go after all of them within the time allotted by law, known as the Statute of Limitations.  The Statute is two years for most truck accidents in Indiana, though it could be considerably shorter in claims against the government, with additional requirements that may have to be met. 

Neglecting to file a lawsuit or otherwise resolve your case before the Statute elapses could forever bar you from getting what you deserve – the type of careless oversight that will never occur when Hensley’s meticulous Indiana truck accident lawyers are looking out for you.     

What If You Are Partially at Fault for Your Truck Accident? 

In some instances, you may be partially at fault for your own truck accident, and how much you are at fault could deeply influence how much you could be compensated for your losses – or even whether you could be compensated at all. 

Indiana follows a “modified comparative fault” system.  This essentially means two things: (1) you are only able to recover damages if you are not more than 50 percent at fault for the accident, and (2) how much you recover may be decreased by your relative percentage of fault. 

Let’s imagine you suffered $10,000.00 in damages from a truck accident in which you were found to be 30 percent at fault.  Under Indiana law, you may still be compensated, but your final settlement or award would probably be cut by 30 percent (your percentage of fault), thereby capping your damages at $7,000.00.  On the other hand, if you were found to be more than 50 percent at fault for that truck accident, you might not receive anything for it. 

Ultimately, the level of blame ascribed to you can mean the difference between walking away with something for your truck accident or nothing at all, so it is crucial to sit down with a knowledgeable Indiana truck accident attorney who can assess the viability of your case. 

What Our Indiana Truck Accident Attorneys Can Do for You 

A truck accident can be over in a flash, but its impact can be felt for months or even years to come, soon making it nearly impossible to make ends meet, much less acquire the resources to stave off ruin. 

During this trying period, you need lawyers with the compassion to support you through your struggles and the wisdom to overcome them.  In short, you need the dedicated Indiana truck accident lawyers at Hensley Legal Group, who have devoted their practice to ensuring that honest Hoosiers enjoy all of the protections that they are owed under the law. 

Once retained, our firm will uncover everyone who is responsible for your Indiana truck accident within the time permitted by law, establishing valid claims against all of them by sending them formal notification in writing and alerting their insurers.  If the circumstances warrant it, we can file a lawsuit as well in a court with the authority to issue a binding judgment. 

Our Indiana truck accident attorneys will then move swiftly to amass the evidence needed to build your case, including evidence of both your damages and the defendants’ guilt, such as: 

• Police reports  

• Tickets and dispositions  

• Crash site pictures  

• Dash cam, traffic light, and surveillance footage  

• Black box data  

• Eyewitness statements  

• Phone records  

• Driving histories  

• Hours of Service (HOS) and maintenance logs  

• Forensic analysis and accident reconstruction 

If proof of wrongdoing exists, Hensley Legal Group will work tirelessly to find it. 

Compensation for the Full Spectrum of Your Losses  

After putting together an airtight case against all of the defendants, we will enter into negotiations with their insurance carriers to get you compensation for the full spectrum of your losses, including your: 

• Past, present, and future medical expenses 

• Lost wages 

• Reduced earning capacity 

• Pain and suffering 

• Permanent disabilities, scarring, and disfigurement 

• Mental and emotional anguish 

• Diminished quality of living 

• 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 not afraid to take it to trial for verdict that is, unlike many of our competitors, who rarely, if ever, venture into a courtroom. 

No two Indiana truck accidents are completely alike, but our tenacious Indiana truck accident lawyers will always strive to get you top dollar for yours. 

No Cost to You Until You Win 

We realize that you may be reluctant to agree to more expenditures when you have spent so much already, but you should know that our firm works on a contingency basis.  This means that you will not have to pay us anything until our Indiana truck accident attorneys win your case. 

We only take on clients when we believe in them, and we are willing to take on every risk involved in making them whole again. 

Reach Out to Our Indiana Truck Accident Lawyers 

Hensley Legal Group has been standing up for the seriously injured for more than 25 years.  No adversary is too intimidating or task too daunting to keep us from getting justice for our clients.  If you are having trouble getting back to normal in the aftermath of a collision with a truck or semi-trailer, reach out to our Indiana truck accident lawyers to explore the remedies available to you. 

To schedule a free consultation with one of Hensley’s accomplished Indiana truck accident attorneys, please call or text us at (317) 472-3333, chat with us online, or fill out our contact form at your earliest convenience.