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Why Truck Accident Lawsuits Require Special Handling

Truck accidents often result in severe and sometimes catastrophic injuries. When a semi-truck and or other heavy commercial vehicle collides with a passenger car, the occupants of the smaller vehicle may suffer life-altering harm such as traumatic brain injuries, spinal cord damage, paralysis or amputation. However, a lawsuit to recover compensation can be more complex than a typical car accident case.

In truck accident lawsuits, there are multiple parties involved, and more than one may be found at fault. The truck driver might have violated traffic laws, driven carelessly or fallen asleep at the wheel. The trucking company that employs the driver may also bear responsibility, such as for failing to follow federal safety regulations. The Federal Motor Carrier Safety Administration (FMCSA) enforces strict rules for how long drivers can be on the road without rest, for maintenance of vehicles and for drug and alcohol testing of drivers. Failure to comply with these rules can mean sharing in liability for an accident.

The trucking company may also be liable for hiring unqualified drivers or pressuring them to meet unrealistic delivery schedules. The shipping company that loaded the truck may be liable if overloading or improper balancing of cargo played a role in the crash. Other defendants may include the manufacturer or maintenance servicer of the truck or its parts, such as tires or brakes. 

Each potentially responsible party in a truck accident case typically has its own insurance coverage, often with high policy limits, which increases the stakes for exposure. Insurers use various tactics to minimize their payouts. They might try to place blame on the injured plaintiff, argue that the injuries were not as severe as claimed or argue that their insured’s fault was of a minimal percentage. 

Proving liability in a truck accident case often requires gathering specific types of evidence not needed in a standard car accident case. Important pieces of evidence include the following:

  • Dash-cam footage can show exactly what happened in the moments leading up to the crash.

  • Maintenance records can show whether the trucking company regularly serviced its vehicles.

  • Driver logs can show whether there was compliance with federal hours-of-service regulations.

  • Black box data includes a range of information about the truck’s operation before the crash.

Expert witnesses, such as accident reconstruction specialists and engineers, may be needed to interpret the evidence and explain how negligence by the truck driver or other defendant contributed to the accident. Medical experts may also be required to testify about the severity of the plaintiff’s injuries and the long-term impact they will have on his or her life.

A skilled Indiana truck accident lawyer knows how to gather the right evidence, deal with aggressive insurance company tactics and take all appropriate measures to ensure that injured parties receive the compensation they deserve.

If you or a loved one has been injured in an Indiana accident involving a truck, the experienced lawyers at Rubino, Ruman, Crosmer & Polen in Dyer can provide the legal assistance you need. Set up a free initial consultation by calling 219-227-4631 or contact us online.

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