Who Can We Hold Liable for Your Truck Accident?
Each truck accident case is unique and requires careful assessment to determine all possible sources of liability. What makes matters even worse is that frequently there are intricate layers of trucking company ownership and business structures specifically used to limit liability in the event of an accident.
For example, responsible parties in a big rig accident might include:
- Other drivers on the road
- The truck’s owner
- The truck’s driver
- The trailer’s owner
- The trucking company
- The warehouse or workers who loaded the truck
- The shop responsible for truck maintenance
- Manufacturers of defective brakes, tires, or other truck parts
- The road design company or municipality
For many truck drivers, it’s not their first time violating safety rules. They might have a record that the trucking company is aware of but selectively ignores. Sometimes, the company encourages dangerous driving to guarantee on-time deliveries.
Trucking companies must legally maintain detailed records regarding their:
- Hiring and training practices
- Fleet and equipment maintenance and repairs
- Their drivers’ driving times
It takes a well-versed Hammond truck accident attorney with a comprehensive understanding of state and federal trucking regulations to get you the justice you deserve
We represent injured clients harmed by all types of commercial vehicles, such as:
- Semi-trucks
- Delivery vans, such as UPS and Fed-Ex vans
- City, county, and other municipal trucks
- Emergency vehicles
- Public utility vehicles
- Garbage trucks
- Dump trucks
- Tanker trucks
- Cement trucks
What Commercial Trucks Cause Accidents in Hammond?
Trucking and the transportation of goods are among the most critical aspects of the U.S. economic landscape. Whether they know it or not, Americans count on them to deliver goods, including those purchased online, throughout the country. However, a crash with one of these large commercial trucks sadly results in the death of at least one individual in the passenger vehicle 67 percent of the time.
Hammond drivers must contend with many commercial trucks, including:
Delivery trucks
Garbage trucks
Cement mixer trucks
Flatbed trucks
Tow trucks
Dump trucks
You may also be entitled to additional types of damages. When you review your case with our knowledgeable Chicago truck accident lawyers, they can help ensure that you seek compensation for all reasonable expenses and losses.
Common Causes of Truck Accidents
Report dangerous or negligent commercial drivers to local law enforcement and FMCSA.gov.
FMCSA also publishes a list of the most common causes of truck accidents:
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Intoxicated driving:
This occurs when someone operates a commercial vehicle while under the influence of alcohol or illegal drugs, prescription medication, or even over-the-counter medication. Indiana drivers are over the legal limit if they have a Blood Alcohol Concentration (BAC) of 0.08 percent or higher if they are at least 21 years of age. Drivers requiring a CDL (Commercial Driver’s License) to drive their vehicle are over the legal limit with a BAC of 0.04 percent or higher whether they have a CDL or not.
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Speeding:
Every driver must obey the speed limit in the area they are driving. They must also adjust their speed according to current weather, traffic, and road conditions or the amount and type of cargo in their truck. Commercial drivers who exceed the speed limit, tailgate other vehicles or drive recklessly create extreme danger for themselves and others on the road. Large trucks rear-end passenger vehicles frequently because the truck driver was driving at an unsafe speed or following too closely. Without enough time or space, they can’t stop in time to prevent a crash. These types of collisions can cause catastrophic injuries or even fatalities.
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Distracted driving:
All drivers, especially commercial truck drivers, should keep their eyes on the road while behind the wheel. Their hands should always be on the wheel to operate their large vehicle safely. Distracted driving is a frequent cause of vehicle injury accidents around the country. In fact, distracted commercial truck drivers have caused many fatal collisions in Indiana. Distracted driving includes texting, talking on a car or mobile phone (or using some other telecommunication device, such as radio), reading, using a laptop, watching a movie on a mobile device, looking for something in the cab, or otherwise taking eyes off the road. Even passengers and pets can cause distractions.
3 -
Dangerous lane changes:
Commercial truck drivers should only change lanes when it’s safe to do so. Drivers on unfamiliar roads are notorious for making last-minute and highly dangerous lane changes that result in an accident. Before making a lane change or turn, truck drivers should use their turn signals and check their rear-view and side-view mirrors several times.
4 -
Fatigued driving:
Fatigued driving is a significant problem in the U.S. today, causing about 40 percent of all truck-involved accidents. All commercial drivers who work long hours and feel drowsy need to pull over and rest at appropriate locations. Sadly, those who try to push through their fatigue in hopes of meeting a deadline or making more money have an increased chance of causing a truck accident.
5 -
Unsafe turns:
Large commercial vehicles, such as tractor-trailers, must make slow and wide turns. However, they should only attempt this when there is no oncoming traffic and vehicles are far enough away from them that they won’t risk being crushed under their truck’s trailer or otherwise collide with the vehicle. Truck drivers must also diligently obey traffic control signs and devices like stop signs, traffic lights, and railroad signals. Truck drivers have a duty to exercise care and caution while driving in and around intersections. They must watch for other vehicles and also for more vulnerable pedestrians and bicyclists.
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This isn’t an exhaustive list of common causes of truck accidents. However, they cover most reasons for truck accidents in and around Hammond.
Some of the most frequent problems leading to truck accidents include:
- Difficulties with the vehicle’s brakes: Approximately 41,000 or 29 percent of large trucks had accidents due to brake issues.
- Drivers going too fast: About 32,000 or 23 percent of these crashes result from truck drivers exceeding the legal speed limit.
- Drivers unfamiliar with the roadway: 31,000 accidents, or 22 percent of crashes, are related to the driver being new to the roadway.
- Roadway problems: 29,000 or 20 percent of truck accidents happened due to road problems.
At Midwest Injury Lawyers, our Hammond truck accident attorneys have helped injured victims in all types of accident situations. We comprehensively investigate your accident to determine who is liable to maximize your compensation.
Hammond Truck Accident Liability
Many times, we can hold the trucking company legally responsible or liable for truck collisions if they resulted from:
The negligence of their drivers
Deferred fleet maintenance
Poorly maintained trucks
Lost loads
Inadequate driver training
However, there are rare cases in which the trucking company isn’t responsible for the crash. For example, if the accident resulted from an improperly maintained road. Road hazards like potholes and debris can all potentially cause an accident. Suppose these types of factors are what caused the truck accident. In that case, the county and highway authority may be held responsible instead of the trucking company.
The manufacturers of products carried by the truck, the truck, or truck parts may also be liable for a crash. For example, suppose the products the truck was carrying caused it to catch fire, or explode, ultimately causing an accident. In that case, the manufacturer should be held responsible.
By hiring a seasoned Hammond truck accident attorney to handle your complex case, you can ensure that the right parties are accountable for your damages, even if it’s multiple parties.
Pursuing Damages in a Truck Accident Claim
Truck wrecks are often disastrous for the people in the passenger vehicle. If a truck hits a pedestrian or bicyclist, there’s a high chance of a fatality. A potential lawsuit can mean recovering significant compensation for the victim’s physical injuries or the death of a beloved family member.
Skilled legal representation helps victims obtain compensation for past, present, and future medical expenses arising from their injuries. Undoubtedly, you should also receive compensation for the pain and suffering you have endured.
However, obtaining these damages frequently involves handling the trucking company’s insurance adjusters. They make it their mission to play hardball to try and pay the least amount on your claim that they can. When you have a reputable Hammond truck accident attorney represent your claim, they can’t use these tactics to attempt to strong-arm you into accepting a settlement far less than what your claim is worth.
Hammond Truck Accident FAQs
The Indiana statute of limitations sets a two year deadline for injured parties to file a civil lawsuit. Typically, the clock begins running on the day they sustain their injuries.
While two years might seem like plenty of time, you shouldn’t waste time before reaching out to our skilled Hammond truck accident attorneys. It can take time to prepare a successful claim for a lawsuit. Also, sometimes, such as in cases involving government entities, the statute of limitations can set a far shorter deadline. Therefore, contact our attorneys as soon as possible after suffering an injury in an Indiana truck accident. If you don’t, you may lose your right to seek compensation.
Suppose you or someone you love sustains a serious injury or wrongful death because of the negligence or carelessness of a commercial truck driver or another party. In that case, you have the legal right to seek monetary compensation for your damages.
You might wonder why you should work with a truck accident attorney if you’ve suffered an injury in a truck crash. Our knowledge and understanding of the trucking industry, its rules and regulations, and the agencies involved make us invaluable assets when pursuing the compensation you need to cover your losses.
We can identify liable parties, including the truck driver, the company that owns the truck, or its manufacturer. At Midwest Injury Lawyers, we will also take steps to collect and preserve the evidence and information required to build a convincing case. We will assist you in identifying all of your compensable damages.
Our truck accident attorneys are skilled in negotiations and will work to get you the compensation you deserve without going to court whenever possible. Should litigation be necessary, we won’t hesitate to go to court. We also work at decreasing your stress during this difficult time while they continue to fight on your behalf.
Call the Seasoned Hammond Truck Accident Lawyers at Midwest Injury Lawyers Today
If you want an experienced Hammond personal injury attorney, choose Midwest Injury Lawyers. Contact us by phone at (219) 200-0151 or online today to receive your no-obligation truck accident case review.
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Midwest Injury Lawyers – Hammond Office
2901 Carlson Drive Suite 363,
Hammond, IN 46323
Phone: (219) 200-0151
Request a Free Consultation
Tell our experienced team about your accident and/or injuries. One of our personal injury attorneys will contact you to schedule a free case evaluation. Remember: you won’t pay for anything unless we secure a compensation on your behalf.
Call (312) 786-5881 or send us a message online to get started.