Truck accidents are uniquely devastating due to the substantial weight and size of commercial vehicles. When a massive 18-wheeler or a tractor-trailer causes an accident, it often results in severe injuries and fatalities. Even if the accident isn’t fatal, an accident can result in severe injuries with long-term impacts on a victim’s life.
Although the law allows victims of truck accidents to obtain compensation from the at-fault party, you may encounter many obstacles and hurdles along the way. For instance, the at-fault party’s insurer may shift the blame to avoid paying for injury-related losses or challenge the severity of your injuries.
You should contact a trusted truck accident attorney in Merrillville if you sustained an injury due to someone else’s negligence. Our experienced legal team at Blackburn Romey is standing by to help.
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Many truck accidents leave victims with severe injuries, mounting medical bills, and disruptions in their daily lives. Understanding potential settlement values can help victims make financial plans during recovery.
However, estimating the average settlement value for a truck accident is difficult since each case is unique. The outcome depends on the facts and circumstances of each case.
The following factors determine the value of a truck accident settlement:
Understandably, the value of a truck accident depends on the severity of your injury. A truck accident victim who sustained a severe back injury is likely to receive a higher settlement value compared to someone with minor bruises.
The higher settlement value coincides with a lengthy treatment plan and the long-term impact associated with severe injuries.
Since Indiana is an at-fault state, establishing negligence is a crucial factor in pursuing compensation. The at-fault party insurer is responsible for paying damages and injuries sustained by the injured victim.
In addition, Indiana uses modified comparative fault, meaning if the injured victim’s contribution of fault is more than 50%, they may not obtain compensation. If their contribution to fault is 50% or less, the expected compensation becomes lower by a similar percentage.
Therefore, the value of a truck accident settlement largely depends on your contribution to the accident.
You should follow doctors’ orders during the treatment plan as part of your mitigation measures. Failure to follow doctor’s orders may justify a deduction on your settlement claim.
Mitigating measures include several actions to prevent further injury or loss. A truck accident attorney may ask you to follow up with a doctor or physician and follow through with treatment recommendations.
The impact on your daily life determines how much you’ll receive in a truck accident case.
Suppose you sustained an amputated arm in a truck accident that makes it impossible to resume your driving job. In that case, your settlement value will compensate for permanent disability and loss of earning capacity.
Based on these safety issues, semi-trucks are more prone to the following types of collisions:
Passenger car drivers may be unaware that the mass of a truck increases the risk of severe injuries and fatalities in a crash.
The average passenger vehicle weighs about 4,100 pounds, making commercial trucks with a laden weight of 80,000 pounds almost 20 times heavier. This causes problems when a “big rig” has to come to a stop at a moment’s notice, taking approximately 525 feet to completely stop.
A large truck has a higher center of gravity. Since a tall vehicle is more likely to roll over, Indiana requires all trucks that are taller than 13 feet 6 inches in height to get an oversize and/or overweight (OSOW) permit.
According to NHTSA, distracted driving caused 3,308 traffic fatalities in 2022. Distracted driving includes any activity that takes away attention from driving. Typical forms of distracted driving include texting and driving, grooming, talking on the phone, or adjusting the vehicle stereo.
Drivers must pay full attention to the task to minimize the chances of road accidents. Any non-driving activity you engage in is a potential distraction that increases the risk of road accidents.
In a National Highway Traffic Safety Administration (NHTSA) study examining large truck fatalities in a single year, 7% of commercial truck drivers were speeding.
When dealing with less-than-ideal road conditions, including inclement weather, road construction, or rush hour traffic, truck drivers may feel pressured to stay on schedule.
The extreme weight of a tractor-trailer combined with a speeding driver increases the likelihood of a collision.
In addition to exceeding speed limits, peeding involves driving beyond a speed deemed safe and reasonable according to prevailing traffic conditions. When a speeding truck crashes with a passenger vehicle or truck, it results in substantial property damage, injuries, and fatalities.
Here are a few reasons why speeding trucks are dangerous:
Truck drivers have to keep to demanding schedules on little sleep. Although the HOS regulations aim to ease the burden of truck drivers, many surveys indicate that truck drivers violate their permitted hours.
Studies show that 30 to 40 percent of truck accidents involve a fatigued driver. Similar to an intoxicated driver, a fatigued driver will lack acuity while operating their vehicle.
Exhaustion cannot be solely attributed to the truck operator themselves. A trucking company may share liability if the company is keeping drivers to unrealistic time constraints.
The weight and size of cargo directly impact a driver’s earnings. However, heavy loads make it difficult for the driver to operate the vehicle and respond to road hazards. Poor cargo loading may sometimes fall during transit or increase the risk of roll-over crashes.
Inexperienced drivers might be unaware of weight changes during a trip, making it challenging to handle sudden acceleration and shifting.
Alcohol and drug impairment is high in commercial drivers, with 67% of fatally injured drivers testing positive for drugs and another 33% testing positive for psychoactive drugs or alcohol.
Substance abuse is a serious issue for truckers. Some drivers may use cocaine or amphetamines to stay awake, while others may consume alcohol to relax. Whatever the reason, truck drivers are putting innocent road users in grave danger.
Distracted driving is anything that takes a driver’s attention away from the road. Given the risks of driving a large truck, distracted driving increases the risk of fatalities in the event of a crash.
A major culprit of distracted driving is the use of a cell phone. The FMCSA places restrictions on mobile device use for commercial drivers. A driver can only use a hands-free phone located within the proximity of the cab.
Any use of a hand-held device can result in a fine of $2,750 to the driver and $11,000 for any employers who require their drivers to use a mobile device.
Distracted driving comes in three forms:
Common acts of distracted driving are:
Trucks require regular maintenance, such as checking the following:
Regular maintenance is a must and cannot be skipped. For example, a defective coupling (the connection between the tractor and the trailer) can cause the trailer to detach from the truck, resulting in catastrophic injuries.
Massive trucks’ size and weight are the primary causes of severe truck accidents. The force generated by massive trucks often causes severe damage to smaller vehicles and sometimes leads to life-threatening injuries.
In addition, trucks require a longer stopping distance because of their size and weight. The extended stopping distance is critical when a truck driver needs to brake suddenly or encounters an obstacle.
The need for a longer stopping distance may result in rear-end collisions, where a truck crashes with the front vehicle.
Lastly, large trucks have limited maneuverability. They require larger turning spaces and additional distance to change lanes. This limited maneuverability can hinder the truck driver’s ability to avoid accidents in case of hazards that require sudden action.
Truck accidents often result in severe injuries with long-term impact on accident victims. As an injured victim, you deserve compensation for your losses. If you did cause the accident, you have the right to obtain compensation from the at-fault party.
Depending on the nature of your losses, you can obtain three compensation classes: economic, non-economic, and punitive damages. On rare occasions, a judge or jury can award punitive damages to punish the defendant in an accident involving egregious conduct.
Here’s a list of typical economic and non-economic damages:
The statute of limitations governs the time a plaintiff has to file a lawsuit against another party. In Indiana, the statute of limitations for filing a truck accident claim is two years from the accident date. If you let the clock run out, you may extinguish your opportunity to obtain compensation from the at-fault party.
Although rare, there are instances where the statute of limitations may extend or pause, including:
In an at-fault state like Indiana, the insurer of the at-fault party should cover injury-related losses. Determining liability after a truck accident is crucial in your pursuit of compensation.
Different parties may be liable for a truck accident, including:
After a truck accident, what you do can enhance your safety and protect your right to compensation.
Here are the steps to take after a truck accident:
You should immediately hire a truck accident lawyer if injured in a crash. An attorney can provide legal assistance to file a personal injury lawsuit. With the aid of an attorney, you can fight for a fair settlement value that covers your injury-related losses.
You might have to pay some of your damages out-of-pocket without legal aid and expertise.
Here are the expected benefits of hiring a truck accident attorney:
Unlike passenger vehicle drivers, commercial truck drivers must abide by federal regulations. These hours of service (HOS) regulations are put into place by the Federal Motor Carrier Safety Administration (FMCSA). The HOS regulations serve to protect other motorists so that the road can be shared safely.
The HOS regulations dictate how many hours a truck driver can be behind the wheel. Commercial truck drivers are required to track their driving time and breaks in a logbook. “On-duty” time means that the driver is completing additional tasks but not necessarily operating their vehicle, which would instead be indicated by “on-duty driving time.”
Drivers transporting cargo can travel for 11 hours after being off-duty for 10 hours. Drivers carrying passengers are only permitted to drive for 10 hours after being off-duty for 8 hours.
Property-carrying drivers must adhere to a “14-hour rule”, in which drivers cannot drive past the 14th hour of being on duty. This is following 10 consecutive hours off-duty. Passenger-carrying drivers have a “15-hour rule” and are not allowed to drive past the 15th hour of being on duty. This would be following 8 consecutive hours off-duty.
Whether a driver is carrying property or passengers, there is a requirement to use the sleeper berth. As the name suggests, drivers must sleep during some portion of their “off-duty” time. For truck drivers, rest time must be a minimum of two hours.
For property-carrying drivers, the sleeper berth requirement is 7 consecutive hours, adding up to 10 hours total. In contrast, passenger-carrying drivers must take a minimum of 8 hours in the sleeper berth. A passenger-carrying driver can split the sleeper berth time into two periods, provided that neither is less than two hours long.
Drivers are permitted to extend their driving window by up to two hours in adverse weather conditions.
Drivers who operate their vehicle within a 150-mile radius are exempt from HOS regulations, known as the short-haul exception, as long as they report and return to their work location within 14 consecutive hours.
Most notably, drivers are restricted from driving more than 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.
Even with these parameters in place, truck drivers can exhibit negligent behavior. Since truck drivers are operating on tight schedules, they may do whatever it takes to stay on schedule.
Decades of handling truck accident cases in Indiana have equipped Blackburn Romey with the expertise to challenge insurance companies effectively. We start fighting for your compensation from day one, making sure no piece of evidence is overlooked.❞ Act now! Contact Chris Blackburn today, and let us work for you.
Chris Blackburn
If you have been in a truck accident in Merrillville, IN, let our dedicated legal team work on your behalf. We know the pitfalls of truck operators and other liable parties, and we will investigate to find out the cause of your accident.
Blackburn Romey is an experienced injury firm with a proven track record of representing injured victims. Contact us online or at (833) 264.0904 for a free, confidential consultation.
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Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
