Fort Wayne, IN Truck Accident Lawyer

Commercial trucks are critical to our economy, but they also pose serious risks every day on our roads and highways. While you might be accustomed to driving alongside large trucks and use all possible caution, you cannot control the truck driver’s actions or other external circumstances. Even the safest driver can suffer severe injuries in a truck crash when they least expect it.

When a commercial truck crash stops your life in its tracks, you should always know your legal rights. Many truck accident victims successfully obtain compensation from the liable parties for their losses. While money cannot turn back the clock and eliminate your injuries, pain, and suffering, it can provide financial support as you move forward from your accident.

To have the best chance of obtaining fair compensation, you should immediately seek help from an experienced truck accident attorney in Fort Wayne. The legal team at Blackburn Romey skillfully handles truck accident claims, and we bring our firm’s extensive resources and experience to the table for every client.

If you want our team to evaluate your legal options following a truck crash and resulting injuries, reach out directly to our office today. Consultations are free with no obligation.

Truck Accidents in Indiana

Truck accidents in Indiana have been a significant concern due to their potential for causing severe injuries and fatalities. The state’s extensive highway system serves as a vital corridor for commercial transportation, making it susceptible to a higher frequency of truck accidents. These accidents often involve large trucks, such as tractor-trailers, semis, and delivery trucks.

The consequences of truck accidents can be devastating. Due to their size and weight, trucks can cause significant damage to smaller vehicles, leading to severe injuries and even fatalities. The financial burden can be overwhelming for those involved in these accidents.

To address this issue, Indiana has implemented regulations and safety measures to mitigate truck accidents. The federal government also enforces federal trucking regulations. These include mandatory rest periods for truck drivers, strict enforcement of speed limits, and regular vehicle inspections. Unfortunately, many trucking companies or drivers fail to comply with all safety regulations and put others on the road at risk of severe injuries.

Efforts to reduce truck accidents in Indiana remain ongoing, with a focus on improving driver training, enhancing infrastructure, and promoting responsible driving practices. However, these efforts have not significantly reduced the number of truck crashes and injuries in our state.

Anyone in Indiana with severe injuries from a crash should consult with Blackburn Romey as soon as possible. Our truck accident lawyers are ready to help.

How Commercial Truck Crashes Happen

Commercial truck crashes can occur for many reasons, often resulting in devastating consequences. Understanding how these accidents happen is crucial to knowing your legal rights following an accident.

Here are only some of the many common causes of commercial truck crashes in the Fort Wayne area:

• • Driver Fatigue: Long hours of driving without adequate rest can lead to driver fatigue. The demanding schedules and pressure to meet delivery deadlines can tempt truck drivers to ignore required rest breaks, impairing their alertness and reaction times.
  • Distracted Driving: Distractions, such as texting, talking on the phone, eating, or adjusting GPS devices, divert a driver’s attention from the road. In commercial trucking, distractions can be particularly dangerous due to the truck’s size and weight.
  • Speeding: Excessive speed reduces a driver’s ability to react to sudden changes in traffic conditions. Commercial trucks require a longer stopping distance due to their weight, making them much more susceptible to accidents when speeding.
  • Improper Loading: Poorly loaded cargo can shift during transit, causing the truck to become unbalanced and increasing the risk of a rollover or jackknife accident. Negligence in securing the cargo can also result in items falling onto the road, creating hazardous situations for other drivers.
  • Inadequate Maintenance: Neglected or poorly maintained trucks can experience mechanical failures, such as brake failure or tire blowouts, which can lead to accidents. Regular inspections and maintenance are crucial to ensure the safety and proper functioning of commercial trucks.
  • Driving too Fast for Conditions: Rain, snow, ice, and fog significantly impact road conditions, making them more treacherous for commercial truck drivers. Reduced visibility and slippery surfaces increase the likelihood of accidents if drivers fail to adapt their driving to the weather conditions.
  • Aggressive Driving: Reckless behaviors, such as tailgating, sudden lane changes, and aggressive maneuvers, can escalate tensions on the road and lead to collisions involving commercial trucks.
  • Impaired Driving: Even though it is hard to imagine someone getting behind the wheel of an 80,000-pound truck while drunk or under the influence of drugs, this happens quite often. Whether truck drivers take drugs to stay awake, drink alcohol out of boredom, or have a substance abuse disorder, the result can always be the same – impaired drivers can cause devastating injuries.

• Improper Cargo Loading: Cargo loading crews should abide by all safety regulations when it comes to loading and securing cargo in semi-trucks. When cargo is overloaded or improperly secured, it can cause problems for the truck driver. Sometimes, cargo might spill into the road, leading to chain reaction crashes as drivers try to avoid hitting the items.

Many other factors can come into play in commercial truck crashes. In many situations, these accidents happen for a combination of reasons – such as a distracted driver slamming on the brakes, which are inadequately maintained and fail to stop the truck.

After a truck accident, you should focus on getting medical attention and beginning the healing process from your physical injuries. The truck accident attorneys at Blackburn Romey can provide legal assistance while you recover, including determining the causes of the truck accident and explaining your right to compensation.

Severe Truck Accident Injuries

Trucks are extraordinarily heavy vehicles, and the force of a collision can cause life-altering injuries for victims. When a commercial truck crashes into a smaller vehicle, the occupants of the smaller vehicle suffer injuries the majority of the time – and the injuries are often serious.

Some injuries that are common from truck collisions include:

• Traumatic brain injuries
• Skull fractures
• Broken bones
• Spinal cord injury
• Back and neck injuries
• Crush injuries
• Internal injuries

Whether you have a catastrophic injury or one that will heal with time, the top priority is for you to get the medical treatment you need. This includes getting emergency care, a complete diagnosis of all your injuries, and keeping up with your recommended course of treatment from medical providers.

All injuries come with costs – whether you have a couple of medical bills or a lifetime of impairments and pain and suffering. If someone else was responsible for causing your truck accident, they should also reimburse you for all your costs and losses.

You should reach out to a truck accident lawyer as soon as possible. Never delay in starting the process. Even though your medical treatment and injuries take up much of your time and attention, you still need to begin building your legal claim right away. The good news is that your attorney will guide you through every step of the process, relieving stress from you and allowing you to focus on your injuries and treatment.

Who Can be Liable for Your Truck Accident?

Determining liability in a truck accident involves examining various factors and parties involved in the incident. Depending on the circumstances, several individuals or entities may be held responsible for the accident. Our firm regularly pursues truck accident claims against multiple parties and identifies those who might share liability for your injuries.

Here are some potential parties that might be liable for a truck accident. Keep in mind that one or more might be responsible in your situation.

Truck Driver: If the truck driver was negligent or at fault for the accident, they can be held liable. This includes instances of driver error, such as distracted driving, speeding, driving under the influence, or violating traffic laws.

Trucking Company: The trucking company that employs the driver may be held liable for the accident if they were negligent in their hiring, training, or supervision of the driver. If the company failed to properly vet the driver’s qualifications, enforce safety protocols, or provide adequate training, they can share responsibility for the accident. Trucking companies can also fail to maintain trucks, encourage dangerous behaviors, and more.

Further, a trucking company might share liability even without any negligence on the company’s part. This is because the law holds companies liable for the actions of their employees or agents. Even if a driver is an independent contractor, the company might be vicariously liable if it hired the driver to drive its truck for a job in some circumstances.

Truck Owner: In some cases, the truck involved in the accident may be owned by a separate entity from the trucking company. If the truck was not properly maintained, had mechanical defects, or lacked required safety equipment, the owner may be held liable for the accident.

Vehicle Manufacturer: If the accident was caused by a defect in the truck or its components, such as faulty brakes, tires, or steering mechanisms, the manufacturer or distributor of the vehicle or its parts may be held liable for the resulting damages.

Freight Loader: Improperly loaded cargo can contribute to accidents. If the accident was caused by unsecured or overloaded cargo, the party responsible for loading the freight, such as a third-party contractor, may be held liable. Additionally, if unsecured cargo spills out of a truck and causes a chain-reaction crash due to items on the highway, cargo loaders can be responsible.

Government Entities: If the accident happened because of hazardous road conditions, such as poorly maintained roads, inadequate signage, or construction zone negligence, government entities responsible for road maintenance or construction may be held liable.

Determining liability in a truck accident is usually complex and requires a thorough investigation and analysis of the facts and available evidence. You should always consult with our legal professionals, who have experience handling truck accident cases from the initial evaluation to the final payments. We can evaluate the specific circumstances of your crash and identify the parties who may be responsible for the accident to seek maximum compensation for your losses.

Contact Blackburn Romey today for more information about your options.

Evidence to Prove Your Truck Accident Claim

When pursuing a truck accident claim, gathering and presenting compelling evidence is crucial to establish fault and seek fair compensation. You want a law firm with the resources and experience to gather sufficient evidence to prove liability and damages in your claim.

Our legal team uses many types of evidence to prove truck accident claims, including:

• Police Reports – We can obtain a copy of the official police for the truck accident. It contains important details, witness statements, and the officer’s assessment of the accident, which can support your claim.
• Eyewitness Testimony – We collect statements from individuals who witnessed the accident. Their accounts of the incident can provide valuable evidence and corroborate your version of events.
• Photographs and Videos – Our investigators can take photos or videos of the accident scene, including vehicle damage, skid marks, road conditions, and any visible injuries. Visual evidence can help recreate the accident and demonstrate the extent of the damage caused.
• Truck Driver’s Logs – We request the driver’s logs, also known as Hours of Service (HOS) records. These documents track the driver’s work hours, rest breaks, and compliance with federal regulations. Discrepancies or violations can indicate driver fatigue or negligence.
• Electronic Control Module (ECM) Data – Commercial trucks are equipped with ECMs, sometimes called a “black box”, which record valuable data such as speed, braking, and engine performance. Retrieving this information can provide insights into the truck’s actions leading up to the accident.
• Maintenance and Inspection Records – We can request maintenance and inspection records for the truck involved. These records can reveal any previous mechanical issues, repairs, or failures that might have contributed to the accident.
• Medical Records – We gather all your medical records and bills related to injuries sustained in the accident. This documentation helps establish the extent of your injuries and the associated medical expenses.
• Expert Witnesses: We have a network of expert witnesses, such as accident reconstruction specialists or medical professionals, who can provide specialized knowledge and offer opinions regarding fault, injuries, or the long-term effects of the accident.
• Employment and Training Records – If the truck driver’s qualifications and training are in question, employment records, driving history, and training certifications can be relevant in establishing liability.

Much of this evidence is in the trucking company’s possession following the crash. You can expect they might lose, destroy, or otherwise conceal evidence that proves the corporation’s liability. Our attorneys can send a formal demand letter telling them that litigation is possible and they must preserve any relevant information or documents.

For the strongest possible case, you want our legal team to send this evidence preservation demand as soon as possible. This is another reason why it is important for you to reach out to the experienced truck accident lawyers at Blackburn Romey as soon as possible.

How Much is Your Truck Accident Claim Worth?

You might have enough evidence to prove liability for your crash, but that is only one piece of the puzzle. Equally important is proving how much compensation you deserve for your injuries and losses.

Insurance companies for truck drivers or trucking companies will undervalue what your claim should be worth. They will make low settlement offers and try to convince you that you have no other options. This is not the case in most situations.

Instead, you can negotiate and continue to prove your losses – and all of this should be accomplished through our truck accident attorneys. We know how insurance companies work and we regularly stand up for the fair compensation our clients.

Determining the value of your truck accident claim can be challenging as it depends on various factors specific to your case. When calculating the value of your claim, we will consider:

• Past and future medical expenses
• Past and future lost income
• Permanent injuries, disabilities, or disfigurement
• Pain and suffering

It is essential to consult with our attorneys, who can evaluate the specific details of your case and determine the potential worth of your truck accident claim. We will consider all relevant factors and take all necessary legal action to help maximize the compensation you deserve.

Speak With a Trusted Truck Accident Attorney in Fort Wayne Today

A truck accident is chaotic, as is the aftermath. You might be dealing with a totaled vehicle, severe injuries, mounting bills, lost income, and much more. On top of all this, you might be experiencing physical and mental pain and suffering that affects your life in many ways.

Rest assured that if you are in the Fort Wayne area, the team of Blackburn Romey is ready to assist you. We can assess your rights and explain your available options. We handle the entire process of filing insurance claims and litigation in civil court if needed.

Do not wait to seek the legal support you need. It can free up much of your energy and relieve financial concerns to start the process of filing a truck accident claim.

Contact our firm today for a free, no-obligation consultation. We never receive any legal fees unless we win compensation for you.