Truck Accident Lawyer in Merrillville, IN

• Rash driving
• Truck drivers ignoring safety norms
• Poor commercial vehicle maintenance
• Driver distraction and fatigue
• Improperly trained semi-truck drivers
• Overloaded or improperly loaded trucks
• Harsh conditions like rain, sleet, fog, snow, and icy roads
• Operating the vehicle under the influence of drugs or alcohol
• Driving fast to ensure timely deliveries and claim bonuses or avoid penalties
• Driving while texting

No matter the cause of the accident, if the truck driver was negligent, you need aggressive representation on your side. Call us at 219-757-0225, or fill out our online form to our office today to get the help you need.

Determining liability is key after an accident involving a commercial vehicle

Determining liability after a commercial truck accident in Indiana involves a thorough examination of various factors and evidence, guided by state-specific laws and regulations. There are many steps involved in building a case to successfully bring damages against a commercial trucking company. That is why you need an experienced truck accident lawyer on your side.

Here's a detailed approach of some of the aspects involved in a truck accident case:

Key Steps in Determining Liability

1. Investigate the Accident Scene

• Police Reports: Obtain the official accident report which includes statements from the involved parties, witnesses, and the investigating officer's observations.
• Photographic Evidence: Collect photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries.
• Witness Statements: Gather testimonies from people who witnessed the accident to corroborate the events.

1. Analyze Driver Behavior

• Driver Logs and ELD Data: Review the driver’s hours of service logs and electronic logging device data to check for compliance with federal and state regulations.
• Drug and Alcohol Tests: Examine the results of any drug or alcohol tests administered to the truck driver after the accident.
• Traffic Violations: Check for any traffic violations or citations issued to the driver at the scene.

1. Examine Trucking Company Practices

• Hiring and Training Records: Investigate the company’s hiring practices, including background checks and driver qualifications.
• Maintenance Records: Review the truck’s maintenance logs to ensure it was properly maintained and inspect any recent repairs or issues.
• Compliance with Regulations: Ensure the trucking company adhered to Federal Motor Carrier Safety Administration (FMCSA) regulations and Indiana state laws.

1. Inspect the Vehicle and Equipment

• Mechanical Inspections: Conduct a thorough inspection of the truck for any mechanical failures or defects that could have contributed to the accident.
• Manufacturer Defects: Investigate if a defect in the truck or its components could be the cause of the accident.

1. Evaluate Cargo Loading Procedures

• Load Securement: Check if the cargo was properly secured and if the load was within legal weight limits.
• Loading Records: Review the records of how the cargo was loaded and by whom.

1. Determine Comparative Fault

• Indiana Comparative Fault Law: Indiana follows a modified comparative fault system. If a party is found to be 51% or more at fault, they are barred from recovering damages. If less than 51%, their recovery is reduced by their percentage of fault.
• Apportionment of Fault: Fault may be distributed among multiple parties, including the truck driver, the trucking company, the manufacturer, or other third parties.

Legal and Regulatory Compliance

• Indiana State Laws: Ensure compliance with state-specific traffic and safety laws.
• FMCSA Regulations: Verify adherence to federal regulations governing commercial vehicles.

Expert Analysis

• Accident Reconstruction Experts: Utilize experts to reconstruct the accident and provide insight into its cause.
• Forensic Experts: Engage specialists to analyze mechanical failures, cargo loading issues, and other technical aspects.

Legal Proceedings

• Filing a Claim: Victims may file a personal injury claim or wrongful death lawsuit depending on the circumstances.
• Legal Representation: Consulting with an attorney experienced in commercial truck accidents can help navigate the legal complexities and ensure all liable parties are identified and held accountable. This is where Wilson & Novak Law Offices shine. We have personal injury attorneys who used to work for the insurance companies, so they have the knowledge of how the insurance claims process works and can develop an effective strategy to get the maximum compensation possible.

Determining liability in a commercial truck accident in Indiana involves a detailed investigation of the accident, a thorough analysis of the involved parties' actions, and an understanding of state and federal laws. Consulting with experienced legal professionals is crucial to ensure a comprehensive evaluation and proper assignment of liability. If you want aggressive representation after being involved in a commercial trucking accident, call the injury attorneys at Wilson & Novak Law, or reach out to our office online.