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What is Considered a Truck?
Before we discuss the complexities of truck-involved accidents, we must first understand the size of the vehicle involved, which heavily impacts the severity of injuries and accidents that could occur.
According to the State of Indiana, a truck is defined as any vehicle that is:
- Single two-axle, six tires
- Single three or more axles
- Truck/trailer–not a semi
- Tractor–cab only, no trailer
- Tractor/one semi-trailer
- Tractor/double trailer
- Tractor/triple trailer
How Do Truck Collisions Happen?
There are many causes of truck accidents. Common causes are:
- Driver error
- Distracted driving
- Driving under the influence of drugs or alcohol
- Driver fatigue
- Speeding
- Failure to yield
- Hazardous conditions
- Equipment failure
- Debris and potholes
- Poorly marked or lit roadways
- Bad weather
- Improper loading of trailer
These accidents may result in severe injuries such as:
- Spinal cord injuries
- Traumatic brain injuries
- Bone and facial fractures
- Partial or complete paralysis
- Disfigurement and scarring
- Coma
- Death
How is Liability Determined in a Multi-Vehicle Crash?
In all accidents, liability or fault is determined through the legal theory of negligence. Negligence relies on establishing the following elements:
- Duty of care: As a driver sharing the road with other vehicles, you are entitled to a reasonable expectation of safety and care.
- Breach of duty: You were not granted safety and care because of a reckless action.
- Causation: This reckless action is directly responsible for your accident and injuries, which would not have occurred without the breach of duty.
- Damages: Damages represent the monetary losses you have suffered as a result of the accident or injuries.
Modified Comparative Negligence
The State of Indiana also implements a system of modified comparative negligence that allows you to recover damages even if you were partially at fault for the accident or there were multiple at-fault parties.
Modified comparative negligence will subtract your percentage of found fault from the total awarded damages. So, if you are awarded $100,000 and were found to be 5% at fault for the accident, then you would receive $95,000, which is the total award minus your percentage of fault.
Additionally, modified comparative negligence restricts the percentage of fault you may have in an accident and still recover damages. If you are found to be 51% at fault or more, then you will be barred from recovering any damages.
Who May be Responsible for a Truck Collision?
Accidents involving trucks can be especially complicated due to multiple parties working on and maintaining the vehicle.
Parties responsible for an accident may include the following:
- The truck driver: The driver may be responsible for an accident if they violated traffic laws, remained driving after the recommended number of driving hours, or were otherwise negligent.
- The trucking company: The trucking company may be liable if it fails to screen its drivers properly or neglects vehicle maintenance.
- Cargo loaders: Excessive or improperly loaded freight may result in liability for vehicle loaders, who are required to follow strict safety regulations for loading and balance.
- Vehicle manufacturers: A third-party lawsuit may be necessary against a vehicle’s manufacturer if an accident results from a malfunctioning truck part.
Vicarious Liability
Vicarious liability holds an employer responsible for the actions of its employee. To hold an employer responsible, you must establish the following:
- The truck driver was an employee.
- The misconduct or accident occurred within the scope of the driver’s employment.
- The driver’s actions were not intentional.
Holding an employer responsible may mean a higher payout for you if damages exceed insurance limits.
How Are Damages Determined?
Damages or compensation after an accident hinge on several important facts. One factor is the extent of your injuries. Severe injuries typically warrant higher compensation. In fact, settlement negotiations strongly consider the amount you have spent on assessing and treating your injuries and how much time has been missed from work to determine how much a case is worth.
The State of Indiana permits accident victims to pursue economic, noneconomic, or, in rare cases, punitive damages.
Economic damages represent the monetary losses you have suffered as a result of the accident and may include:
- Medical bills to date
- Future medical bills, such as medication, surgeries, or rehabilitation
- Lost wages
- Inability to work
- Reduced earning capacity
- Property damage
Non-economic damages may be harder to pursue because they do not have a determined monetary cost. They include:
- Pain and suffering
- Emotional distress
- Disfigurement and scarring
- Loss of consortium
- Wrongful death
Punitive damages are not meant to be an additional award to a victim but to punish the liable party to discourage similar, egregious, and reckless carelessness in the future.
The strength of your evidence will also improve your chances of a strong payout. Evidence may include:
- Accident scene photographs
- Police reports
- Medical records
- Witness testimony
How Long Do You Have to File an Accident Claim?
The statute of limitations is the legal timeframe allowed for a claim to be initiated. In Indiana, the statute of limitations for accidents is two years from the date of the accident. Failure to file a claim during this period may result in the dismissal of the claim and any additional claims that may be initiated from the same accident.
There are certain strict deviations from this timeframe, such as with a wrongful death claim or the involvement of minors.
Do You Need an Attorney?
Truck accidents involve many parties that may be responsible, multiple insurance companies, and several legal advisors. If you or a loved one have been involved in a truck collision, you need legal backing from someone who understands the landscape and will help you make sense of complexities. Call Gerling Law Office, Professional Corporation Office today at our Evansville location at 812-213-4551, our Owensboro location at 812-646-3277, or complete a contact form to schedule your free case evaluation.
