Indianapolis Truck Accident Lawyer

Indiana Truck and Tractor Trailer Accident Lawyers

Truck Accidents In Indiana

Following an accident, trucking companies will do everything in their power to minimize your chances in court. There have even been cases of trucking companies hiding evidence, tampering with evidence, or repairing faulty trucks after accidents.

Now more than ever, Americans need truck drivers who are dedicated to safe driving. With looming COVID concerns, supply chain issues, and a shifting workforce, we should appreciate long-haul drivers who help get our goods where they need to go. However, many of them cut corners for various reasons. The corners they cut usually impact the safety and security of others they share the road with. Sometimes it’s not just the truck driver that is cutting corners but their employers or cargo loading companies. 

With big rigs weighing more than 26,000 pounds and sometimes up to 80,000 pounds, traumatic, debilitating, and life-threatening accidents are bound to happen – epecially when drivers or other parties are negligent. When someone or some entity is negligent, costing innocent victims their well-being, lives, or family members, Blackburn Romey isn’t afraid to fight for them.

We invite you to get in touch with our office to learn why it is so critical to have a truck accident lawyer on your side after a truck accident. We can help you if you have been injured in a truck accident in Indianapolis. Contact us today for a free case consultation.

In Indiana, Truck Accidents Are on the Rise

Each day, thousands of commercial trucks travel across Indiana. Nationally, there has been a large increase in the number of commercial tractor-trailers registered.

In recent years, Indiana has seen an increase in collisions involving large trucks. 2019 saw 5,005 fatal accidents involving large trucks across the country.

Occupants of small vehicles can be seriously injured or killed in collisions with large trucks because of their weight and size.

 

Who is Liable for Your Truck Accident?

In 2017, Indiana alone had 16,910 commercial vehicle collisions. Of those, over 14,706 involved property damage, 2,074 resulted in injuries, and 130 caused deaths. While this was only a 0.1 percent increase over the previous year, it was an increase of over three percent in five years. Who is liable for these collisions? The answer isn’t always as easy or straightforward as you might think. 

The following parties could be entirely or partially liable for your truck accident:

  • The truck driver—perhaps they were driving while distracted, under the influence, without enough rest as mandated by federal regulations, or not following the rules of the road by speeding or some other action or inactions. Truck drivers have demanding jobs, but they must remain alert and sober behind the wheel to protect everyone’s safety.
  • The trucking company, since many don’t enforce federal regulations for hours of rest or vehicle inspection or maintenance, thereby putting innocent lives at risk. They may pressure drivers to speed or drive too fast for conditions to be sure their loads are on time and so they can make more money.
  • The truck or parts manufacturer—as there could be defects in the truck or any of its parts, such as its brakes or tires.
  • The maintenance provider can sometimes be liable due to failure to identify and fix braking problems, poor workmanship, or the use of substandard parts. In these cases, the company that provides maintenance for the truck is the party liable for the collision.
  • The goods distributor—in other cases, it’s the company that hired the trucking company to transport their goods that should be held accountable for the accident. Improperly balanced or secured loads can cause trailers to tip over when traveling in a curve, or flammable materials may be lacking the proper safety precautions.
  • Other drivers on the road—sometimes other drivers on the road can share or even have complete responsibility for an accident.
  • Local municipalities—truck accidents can also be caused by poor road maintenance or light or sign malfunctions. In these cases, it’s typically the entity responsible for the road who is held liable. 

When you hire our seasoned Indianapolis truck accident attorneys to represent your claim, you are hiring a team who will get to the bottom of how your accident occurred. Our priority is identifying who is liable and why. Your compensation depends on the success of this task, and we take it very seriously.

 

Our Experienced Indianapolis Truck Accident Lawyers Can Help You

Large trucks frequently cause serious injuries in Indianapolis car accidents because of their larger size and weight than smaller vehicles. Collisions with commercial vehicles can be devastating for automobiles, motorcycles, and other vehicles on the road. Truck accidents increase yearly as more semi-trucks and commercial trucks crowd the country’s roads.

Our truck accident attorneys have extensive experience representing injured victims of large truck crashes. Blackburn Romey understands the importance of conducting a thorough investigation of your case. We have earned a reputation for being tenacious advocates for personal injury victims throughout Indiana. If you have been injured, we will do everything we can to help you receive full and fair compensation.

Clients receive a focused, customized approach from our attorneys. As your case unfolds, we promise to keep you informed so that you’ll know what to expect and feel fully informed when important decisions need to be made.

 

What Our Experienced Lawyers Can Do for You After a Truck Accident

  • Offer Commitment: In the event of a truck accident, our attorneys will investigate its cause. Unlike fender benders involving passenger cars, accidents involving large trucks are more difficult to understand. An experienced law firm with the resources and commitment to determine what happened in a big rig accident will be most helpful to you.
  • Investigate: Several factors may contribute to trucking accidents, including excessive speed, fatigue, texting while driving, and mechanical problems. Independent investigations by traffic reconstruction experts may be necessary to determine the exact cause of your truck accident.
  • Construct a winning case: With the help of recognized accident reconstruction experts, Blackburn Romey’s truck accident attorneys can construct a winning case for full compensation from the insurance company.
  • Obtain proof: Obtaining the truck driver’s cell phone records will help us determine whether they were distracted at the time of the collision. We will review the driver’s logs and toll receipts to determine if the driver was fatigued.  
  • Determine liability: Reviewing the truck’s maintenance records allows us to determine if the brakes and other safety components were serviced as scheduled. The trucking company is required to keep maintenance records and driver logs only for a certain period of time, and if you wait a long time to hire an attorney, potentially important evidence may disappear. 

Contact an experienced truck accident attorney as soon as possible if you have been injured in a collision with a large commercial truck, box truck, bus, or delivery truck such as an Amazon truck. You are more likely to lose your case if you wait too long to hire a truck accident lawyer.

Blackburn Romey’s semi-truck accident attorneys will preserve key evidence and protect your legal rights when you work with us.

 

You Don’t Have to Deal With the Insurance Companies Alone 

Due to their higher potential to cause serious harm, large trucks must carry substantially more liability insurance than passenger vehicles.

A trucking company’s insurer will contact you after a serious accident occurs. Truck drivers, trucking companies, and cargo shippers may have different insurance companies representing them.

Insurance adjusters may appear friendly, but their job is to protect their company’s profits and minimize the amount they pay out in claims. When insurance companies attempt to settle a claim, they often convince the victim that an attorney is unnecessary and will only complicate matters.

To avoid being taken advantage of by insurance adjusters or making a statement that may undermine your claim, you need your own attorney to represent you. 

Our experienced Indianapolis truck accident attorneys will protect your rights if you or your family are involved in a serious accident with a semi-truck. Additionally, we provide legal assistance to Indianapolis accident victims involved in construction zones.

You must contact an experienced attorney immediately after an accident because the trucking company will be working on their defense immediately following the accident.

Our Truck Accident Lawyers Will Investigate the Cause

Several factors can lead to a commercial truck collision. These serious accidents are too often caused by truck driver errors and vehicle failures, often with devastating results for the victims.

According to the NHTSA, large truck drivers have the highest percentage of previous accidents compared to drivers of other vehicle types. A recent study found that nearly 17 percent of truck drivers involved in fatal crashes had at least one prior speeding conviction. You and your family may be at serious risk as truck drivers make up time on the road.

We can help you and your family after a truck accident:

  • Our team will secure photographs, measurements, surveys, videotapes, and evidence.
  • All eyewitnesses will be located and interviewed by our investigators.
  • A court order will be secured to prevent the truck from being touched until our experts have completed a thorough examination of it.
  • We will have a mechanical expert check the truck’s brakes and other mechanical components, and we will download the black box to find out how fast and how hard the truck braked before the crash.
  • A court order will also be obtained to prevent the destruction of the truck driver’s log and other key evidence.

We are committed to uncovering the truth about your truck accident. Our goal is to protect your financial future by securely storing information and evidence.

 

What Factors Cause Large Truck Accidents?

It is common for truck drivers to make mistakes that lead to accidents. Drivers may speed, drive too fast for the road conditions, tailgate, drive drowsy, or be inattentive to the changing traffic situation.

Large truck collisions are often caused by defective brakes, speeding, drug use, driver fatigue, and tire problems, according to the Federal Motor Carrier Safety Administration (FMCSA).

Snow and ice often cause truck accidents during the winter months. When driving in bad weather, many drivers underestimate how much space they need to stop. Due to the immense weight of most commercial trucks, the failure to be cautious often leads to disaster for other drivers.

The thought of several tons of steel sliding along an icy road at a high rate of speed is simply unthinkable. It is imperative that truck drivers remain vigilant and careful during snowy or icy conditions on Indianapolis roads during winter.

Fatigue is often a factor in accidents caused by drivers. Commercial vehicle operators are well aware of the dangers of fatigue. The National Transportation Safety Board has published over 180 safety recommendations on reducing fatigue in long-haul truck drivers and pilots.

 

Contact a Truck Accident Lawyer Near You

Suppose you were seriously injured or lost a loved one in a large commercial truck crash. In that case, you need the experienced Indiana truck accident attorneys at Blackburn Romey. It’s likely that the trucking company or its insurance company will attempt to get you to accept a settlement offer that is much less than the fair value of your accident injury claim. After you sign their settlement agreement and accept their check, they can close the case and move on. They are left with extra money in their pocket, which should have been yours if your case had been settled fully and fairly.

Why Choose Us?

Many people in Indianapolis turn to us when they’ve been injured and need a lawyer.

  • Our Indianapolis lawyers have decades of experience handling all types of injury cases in civil and insurance courts. Our extensive injury law experience backs every case we handle.
  • Many of our clients were able to move forward financially after suffering a serious accident or injury with the help of our firm. We can provide you with more info about our past results during a free consultation.
  • We offer free consultations to get your claim started. Call our office today to learn more about how we can help after a truck accident. 

Let our dedicated legal team at Blackburn Romey handle your truck accident case for you. We meticulously investigate truck collisions. These cases are frequently complex, so we often work with private investigators, mechanical experts, an industry expert qualified to download data from a commercial truck’s black box, and an accident reconstructionist. Even though most cases settle outside of court, we thoroughly and carefully prepare each truck crash case as if it is going to trial.

 

Personal Injury & Wrongful Death is all we do

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Frequently Asked Questions

Yes, you must call the police after a truck accident. Regardless of how minor or severe the truck accident is, call 911. In some cases, failing to report can lead to legal consequences. It is in your best interest to call the police. While you are required to call the police, there is also a benefit to your injury claim. The police can sift through the chaos of the accident scene and provide an accident report that can be vital to your lawsuit. Within the report, they can include:

  • Description of the vehicles at the scene
  • Damage to the vehicles
  • Diagram of the accident
  • Details of how the cars approached, collided or stopped
  • Witness names and addresses
  • Location, date, and time of the crash
  • Weather and road conditions
  • Witness and driver statements
  • Driver information, including names, addresses, and insurance
  • Victims’ information, including a description of the injuries
  • Trucking company information

All of this preliminary information will be essential to your injury claim. The police report can also help determine the cause of the accident. If the officer issues a traffic ticket, that is also essential evidence for your claim. Therefore, calling the police is crucial to your injury claim.

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The police have one way that they determine fault for a semi-truck accident, and the insurance company has another method. Several parties can be liable for a truck accident, including:

  • Truck driver
  • Shipping or cargo company
  • Truck company
  • Truck parts manufacturer
  • Truck mechanic

The primary way to determine who caused your truck accident is to review the evidence. Gathering it can be tricky without the help of an Indiana truck accident attorney. The police will gather preliminary information to determine if anyone committed a crime or negligent act. They aim to issue citations or make arrests based on the evidence they gather.

Insurance companies and personal injury attorneys have different goals when determining fault. The insurance company is looking at evidence of fault to find ways to lower claims. They will usually look at the police report as a starting point. They are looking at damages and how they can reduce their liability.

An Indiana truck accident lawyer will review the same evidence as the insurance company but will use it to garner compensation for you. Some of the evidence that we will look at includes:

  • Truck driver logs
  • Police report copies
  • Video surveillance
  • ELD data from the truck (aka the black box)
  • Videos and pictures from the accident
  • Employee records
  • Eyewitness statements
  • Property damage
  • Vehicle damage
  • Truck maintenance reports
  • Documents about the shipping or cargo
  • Medical documents

This evidence will be the foundation for recovering compensation. The insurance company will review this evidence to make an offer.

No. You must get an accurate evaluation of what your truck accident case is worth before you consider any settlement offers. An Indiana truck accident lawyer must gather how much your accident costs you physically, emotionally, and financially. This is challenging to do. The insurance company usually sends small initial offers. They are trying to offer you the least amount to save money. It is best not to accept the first offer and to review every offer with a local truck accident lawyer.

Your case worth will depend on various factors. There is no one-size-fits-all answer to that question. Every truck accident is unique and, therefore, deserves an individual assessment. Generally speaking, truck accident cases are worth more than other personal injury claims. The biggest reason is because they often result in severe or permanent injuries.

Many factors will play a role in your truck accident claim. The first consideration is truck accident liability. Another issue is the insurance company, policy limits, and how many parties are involved. When assessing your damages, an Indiana truck accident lawyer will review economic and noneconomic damages, including:

  • Property damage
  • Medical expenses
  • Loss of enjoyment of life
  • Permanent disability
  • Lost wages and future earning capacity
  • Pain and suffering
  • Disfigurement
  • Mental anguish
  • Emotional distress

In cases involving gross negligence, you may also qualify for punitive damages. These damages punish the defendants for their actions. It is also meant to prevent them and others from committing the same acts. A truck accident resulting in death can result in a much higher settlement.

Indiana gives truck accident victims two years to file injury claims. The timeline will vary depending on several factors. Often, the clock starts ticking from the accident date. However, some exceptions can apply. A delayed injury can move this deadline. If the victim dies within two years, the timeline extends an additional 18 months. Minors and anyone who suffers a legal disability from a truck accident will have different timelines to consider.

Tom Blackburn

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.

Areas We Serve

Fort Wayne Truck Accident Attorney

If you’ve been hurt in a truck accident caused by someone else’s negligence, you deserve the best legal representation. Reach out our dedicated and caring team of Fort Wayne truck accident lawyers.

South Bend Truck Accident Attorney

Were you injured in South Bend truck wreck? You deserve the best legal advice from a dedicated and sympathetic team of South Bend Truck and Tractor Trailer Accident Lawyers.

Indianapolis Truck Accident Attorney

If you’ve been injured in any type of truck accident caused by someone else’s negligence, you deserve the best legal counsel from a team of Indianapolis personal injury lawyers.