Truck Accident Lawyer

• Truck accidents are some of the most destructive events on Indiana’s roads, yet it can be tough to get fairly compensated for them because they pose some of the biggest challenges in personal injury litigation too, often demanding deep familiarity with a number of complex subjects.
• And while the substantial commercial insurance policies that trucking companies in the state are required to carry could increase the chances of financial recovery, they also create an added incentive to challenge a claim at every turn by casting doubt on both damages and liability.
• Fortunately, the seasoned Indiana truck accident lawyers at Hensley Legal Group, PC have a proven record of success when it comes to getting justice for the victims of large vehicle accidents, including a $25 million jury verdict* following a devastating collision with an ambulance.

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

It’s only natural to feel nervous when you encounter a big truck while you’re driving, and you’re likely to do this quite a bit in Indiana, which is centrally located along one of the major freight corridors in the United States, according to the Federal Highway Administration. Each and every day, trucks and semi-trailers transport more than 417,000 tons of cargo across the state on such heavily traveled roads as I-65, I-69, I-70, I-80, and U.S. Route 30, among others.

While most of these trips go off without a hitch, accidents do happen. When they do, the contrast in size between standard passenger cars, which weigh around 4,303 pounds on average, and commercial trucks, which are permitted to weigh upwards of 127,400 pounds, means that truck accidents can be some of the most destructive events in Indiana today.

Indeed, a collision with a truck is four times more likely to result in a wrongful death than a car crash, and even non-fatal truck accidents can inflict catastrophic injuries like spinal cord damage, amputations, and TBIs. And although you may have grounds for a claim or lawsuit if you get hurt or a loved one gets killed by a reckless trucker in Indiana, truck accident cases can be much more challenging than car accident cases and may demand deep familiarity with intimidating subjects like:

• Preservation of physical evidence and black box and ECM data
• Federal Motor Carrier Safety Administration (FMCSA) Hours of Service (HOS) and electronic logging device (ELD)/logbook regulations
• Commercial insurance requirements
• Trucking company versus truck driver liability

But as difficult as these challenges can be, they don’t have to be insurmountable, especially if you partner with the 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 delivered such noteworthy outcomes in large vehicle cases as:

• A $25 million jury verdict following a collision with an ambulance.
• A $5.5 million settlement for a semi-truck crash.
• A $4.25 million resolution for a struck pedestrian claim.

Achievement like these have earned Hensley recognition as one of the Best Law Firms in the United States by Best Lawyers®, while its attorneys have been honored with membership 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, but our greatest honor continues to be the honor of serving you and your family in your darkest hour.

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

Why Are Truck Accidents More Devastating than Car Accidents? 

Various factors could make accidents involving trucks much more devastating than comparable collisions between two smaller passenger vehicles like cars, and one of the main factors is the enormous gap in their relative size and thus their relative momentum.

Whenever a motor vehicle or any other object moves, it produces momentum, which is a measure of its mass (weight) times its velocity (speed). Basically, the more something weighs, the more momentum it will have in motion, and trucks and semi-trailers weigh MUCH more than cars – 20 to 30 times as much in fact. 

This means that 20 to 30 times as much momentum can be generated when a truck and a car that are moving at the same speed crash into each other, and that momentum will be felt less by the truck and its driver because of two key aspects of truck design. First, the truck’s longer front end will allow it to absorb more energy when it crumples during a collision. Second, its added weight will cause it to keep moving forward when crashing into a lighter vehicle like a car, thereby subjecting anyone inside of the truck to less force.

The opposite is likely to be true of a car and its occupants when there’s a collision with a truck. For the most part the car will be classified as a total “write-off,” while its occupants will incur around 72 percent of the deaths and the bulk of the injuries, some of which may include:

• TBIs
• Spinal cord trauma
• Fractures and broken bones
• Internal bleeding and hemorrhaging
• Loss of limbs
• Burns
• Paralysis
• Coma

Injuries of this magnitude can call for prolonged medical treatment at a price that few could afford on their own, but our tireless Indiana truck accident lawyers vow to leave no stone unturned when it comes to unearthing every conceivable avenue of financial recovery.

How Commercial Insurance Policies Can Come into Play

Because most trucks and semi-trailers are engaged in the transportation of goods, the primary avenue of that recovery will be the commercial insurance policies that their owners have to carry. Fortunately, that coverage could be substantial enough to offset the disproportionate damages that vehicles this large leave in their wake, particularly in Indiana, where the amount is based upon what’s being hauled and the truck’s “Gross Vehicle Weight Rating” (GVWR).

Under the directives laid out in the Indiana Department of Revenue’s Commercial Motor Vehicle Guide, any “for-hire carrier transporting nonhazardous property in a vehicle with a GVWR of 10,001 lbs. or more” must have a minimum of $750,000.00 in liability insurance coverage.

The coverage minimum may go up to $5 million when the freight being moved is “hazardous,” defined by the U.S. Department of Transportation as a “substance or material that…is capable of posing an unreasonable risk to health, safety, and property when transported.” This might include toxic waste or a surprisingly huge number of items that have been deemed flammable, explosive, or poisonous, like:

• Aerosol or carbon dioxide canisters and cylinders
• Airbags
• Alcohol
• Bleaches
• Automotive and lithium batteries
• Cosmetics
• Dry ice
• Electronics
• Fertilizers
• Fire extinguishers
• Fireworks
• Fuels
• Guns and ammunition
• Inks
• Insecticides
• Lighters and matches
• Oxygen tanks
• Paint, paint thinners, and paint removers
• Refrigerant gases
• Sanitizers
• Scuba tanks
• Smoke detectors
• Swimming pool chemicals
• Wood treatment products

Regardless of what’s being transported, it’s not hard to see how policy limits like these could increase your chances of being fairly reimbursed after an Indiana truck accident, but neither is it hard to see how they can create an incentive for insurance companies to devalue your case.

An insurance adjuster whose only priority is the company’s bottom line may cast doubt on the extent and relevance of your injuries or try to blame somebody else, something that may be easier to do because of how many parties might have contributed to the shipment that injured you. In some cases, the Indiana truck accident might be pinned on you in order to justify proposing a lowball settlement or merely denying your claim entirely.

In the face of such stiff opposition, many injured victims find that they could benefit from obtaining skillful legal assistance – the kind that the Indiana semi truck accident attorneys at our firm have been providing to their highly satisfied clients for over a quarter century.

Why Do Indiana Truck Accidents Take Place? 

If you hire Hensley, we will launch a comprehensive investigation to identify each of the defendants who may bear responsibility for your Indiana truck accident and whose insurance policies might therefore be pursued.

But if you hope to track down everybody who harmed you, you’ll have to figure out how the truck accident took place. An Indiana truck accident could have many causes, but most often it is the consequence of driver error. The Indiana University Public Policy Institute attributes 65 percent of crashes in the state to “unsafe [driver] actions,” while the 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
• Driving while drowsy
• Using a cellphone
• Following too closely (tailgating)
• Not yielding the right of way
• Incorrect passing or overtaking
• Disregarding traffic control signals
• Changing lanes abruptly

Admittedly, any driver could make these errors, and truckers might actually be less apt to make them thanks to their training, but there are certain forms of vehicular misconduct to which truck drivers could be uniquely susceptible.

For example, because their jobs pretty much keep them 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 per 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 used 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 get into a collision may include:

• Brake failure
• Tire tread separation
• Weakening headlights
• Broken signals
• Snapped tow hitches
• Excessive or unsecured cargo
• Jackknifing trailers

Sometimes truck accidents could be caused by outside elements that have no relationship with the trucks or their drivers, such as:

• Rough roads or terrain
• Inclement weather

Yet no matter why your truck accident takes place, Hensley’s Indiana truck accident lawyers will decide the best course to take 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, where a single shipment by truck could be the work of many parties, each of whom might be liable if something goes awry.

As we have discussed, the truck’s driver could be liable for any behavior that led to a crash. However, while a car’s driver and its owner tend to be the same, a commercial truck or semi-trailer tends to have a separate owner. This owner, who is usually though not always the employer of the truck’s driver, will generally be liable for the truck accident too, sometimes in more ways than one.

If the owner made any mistakes that ultimately brought about the truck accident, such as not adequately maintaining the truck so that it would be safe to take out on the road, that owner can be said to have direct liability for the accident.

If the owner didn’t make any mistakes, he or she would nevertheless have liability for any mistakes made by the driver because of the doctrine of respondeat superior (Latin for “let the master answer”). Under this doctrine, an employer or principal is legally liable for the wrongful acts of an employee or agent, assuming that such acts were within the scope of his or her employment or agency. If this is the case, the owner’s insurance policy for that truck should apply to the truck accident.

Although an adjuster might dispute a claim if it can be shown that the driver was not an employee or was acting in violation of the employer’s rules and instructions, an attorney could beat this defense by arguing that the truck had been negligently entrusted to the driver. As such, the owner could be found to be at fault for the driver’s actions under the broader legal doctrine of vicarious liability, a doctrine that might also be applicable when the driver is an independent contractor and not an employee.

Apart from the truck’s driver along with its owner, a host of other individuals and entities could potentially be defendants in an Indiana truck accident case, such as a:

• Business deploying the truck for commercial purposes (if separate from the owner)
• Loader (when a collision is cargo-based)
• Mechanic or servicer (in a breakdown-related crash)
• Manufacturer, distributor, or retailer of a deficient component that hastened a malfunction

In some situations, 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 address a dangerous road condition that made a truck accident inevitable.

Very frequently, multiple parties will have varying degrees of legal liability for the same Indiana truck accident, for which they would have 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 further stipulations that may have to be met in keeping with the state’s Tort Claims Act.

Neglecting to file suit or otherwise resolve your case before the Statute elapses could forever bar you from getting what you deserve for your trucking damages, the sort of careless oversight that won’t 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? 

So far we’ve been focusing on truck accidents where others are liable, but the reality is that you could be partially at fault in some instances, and your own liability will influence how much you could be compensated for your losses, or if you can be compensated for them whatsoever.

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 sustained $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.

To put it simply, the level of fault that can be ascribed to you can be the difference between walking away with something for your truck accident or walking away with nothing, so it’s vital to sit down with a knowledgeable Indiana truck accident attorney who can assess the viability of your case.

What Hensley Legal Group, PC Can Do for You 

A truck accident can be over in a flash, but its impact can be felt for months or possibly years to come and may soon impede your ability 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 Indianapolis truck accident lawyers at Hensley Legal Group, PC, who have devoted their practice to ensuring that honest Hoosiers enjoy every protection 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 personal injury claims against 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 that has the authority to issue a binding judgment.

Our Indiana semi truck accident attorneys will then move swiftly to amass the materials necessary to build a case that thoroughly conveys both your damages and the defendants’ negligence, such as:

• Police reports
• Tickets and dispositions
• Crash site pictures
• Dash cam, traffic light, and surveillance footage
• Black box data
• Eyewitness statements
• Driving histories
• Phone, HOS, and vehicular maintenance logs
• Forensic analysis and accident reconstruction

If proof of wrongdoing exists, such as an indication that the HOS logs were tampered with to hide the hours driven, Hensley Legal Group will work nonstop to find it, stepping in with a spoliation of evidence letter or another legal intervention to prohibit its destruction when compelled to do so.

Compensation for the Full Spectrum of Your Losses  

After putting together an airtight case against each of the defendants, we will enter into negotiations with their insurance companies 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 appropriate)

And if an offer is not put forth that genuinely reflects what your case is worth, we are not afraid to take it to trial for verdict that does, 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 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 operates on a contingency basis, so you will not have to pay us anything until our Indiana truck accident attorneys win your case.

At Hensley, we only take on clients when we believe in them, and we are more than 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 nearly three decades. No adversary is too powerful or task too daunting to keep us from getting justice for our clients. If you’re having trouble getting back to normal in the aftermath of a collision with a truck or semi-trailer in Indiana, reach out to our Indiana truck accident lawyers to explore the remedies that may be available to you.

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

Frequently Asked Questions

What is the difference between a truck accident case and a car accident case?

While both kinds of cases are brought over auto accidents resulting in injury, the damages inflicted in truck accidents tend to be significantly greater than the damages inflicted in car accidents, so the level of compensation at stake tends to be significantly greater too.

Furthermore, truck accident cases can pose a number of distinct challenges that car accident cases might not and often demand a thorough understanding of federal and state regulations, commercial insurance requirements, and other complex subjects.

How much insurance coverage do commercial trucks carry in Indiana?

The amount of coverage on each individual truck can vary, though the State of Indiana mandates trucks weighing over 10,000 pounds to carry a minimum of $750,000.00 in liability insurance when transporting “nonhazardous material.”

The minimum coverage could go up to as much as $5 million when the cargo being hauled is classified as hazardous, and other insurance policies might be applicable depending upon the nature of the truck accident, so it’s critical to identify every avenue of recovery as soon as possible.

How long do I have to file an Indiana truck accident lawsuit?

Generally, an Indiana truck accident lawsuit must be filed or a personal injury claim for the truck accident must be resolved before the Statute of Limitations expires.

The Statute is typically two years for truck accidents in the state, though it could be much shorter in claims against the government, with other conditions that might have to be met, and you could be forever barred from full recovery if you don’t take action within the time allotted by law.

What is my truck accident case worth?

There is no simple answer to this question because every Indiana truck accident is unique, with unique circumstances leading up to it and unique losses resulting from it.

While a skilled attorney will always try to get you compensated for the entirety of your damages, including medical bills, lost wages, and pain and suffering, how much you ultimately receive may be influenced by variety of factors, including liability and the available insurance coverage.

What does it cost to hire an Indiana truck accident lawyer?

Most truck accident lawyers, including the dedicated Indiana truck accidents lawyers at Hensley Legal Group, PC, operate on a contingency basis. Under this arrangement, it shouldn’t cost you anything up front to hire them, and they may even pick up some of the initial costs associated with your case.

Only when your Indiana truck accident case reaches a favorable conclusion should reimbursement be sought for the out-of-pocket expenses incurred and a fee for the services rendered, usually as a percentage of your final settlement or verdict.