Proving Liability in Trucking Accidents in Indiana
Trucking accidents can cause devastating injuries due to the massive size and weight of commercial vehicles. Unlike typical car accidents, trucking accidents often involve multiple parties and complex regulations. At Pathway Legal Group, we help injury victims across Indiana navigate the complexities of proving liability and holding all responsible parties accountable.
Why Proving Liability is More Complex in Trucking Cases Unlike ordinary car accidents, trucking cases often involve several parties beyond just the truck driver, such as the trucking company, cargo loaders, maintenance contractors, and vehicle manufacturers.
Each party may share some responsibility, and identifying who is liable requires a thorough and strategic investigation.
Key Elements Needed to Prove Liability
Duty of Care
The truck driver and trucking company owed you a duty to operate safely and maintain proper vehicle standards.
Breach of Duty
There was a violation of that duty, such as reckless driving, failing to maintain the truck, or violating federal safety regulations.
Causation
The breach directly caused the accident and your resulting injuries.
Damages
You suffered measurable harm, including medical expenses, lost wages, pain and suffering, and more.
Critical Evidence in Trucking Accident Cases
Driver Logs: To check compliance with Hours of Service rules and uncover fatigue issues.
Black Box Data: Commercial trucks often have event data recorders that capture speed, braking, and other vital information.
Maintenance Records: To reveal improper or skipped maintenance.
Truck Inspection Reports: To identify mechanical failures or violations.
Employment Records: To examine driver qualifications, training, and safety history.
Witness Testimonies: Statements from bystanders or other drivers.
Accident Reconstruction Experts: Specialists can analyze crash scenes to determine causes and fault.
Common Causes of Trucking Accidents
Driver fatigue
Distracted driving
Speeding
Improper cargo loading
Mechanical failures
Poor driver training
Potentially Liable Parties
Truck driver
Trucking company
Vehicle or parts manufacturer
Cargo loading companies
Maintenance providers
Comparative Fault in Indiana Indiana follows a modified comparative fault system. If you are less than 51% responsible for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
How Pathway Legal Group Can Help At Pathway Legal Group, we bring nearly a decade of experience defending insurance companies and commercial carriers. We understand the strategies they use to minimize or shift liability, and we now use that insider knowledge to aggressively advocate for injury victims across all counties in Indiana.
Proving liability in a trucking accident requires swift action, deep resources, and legal experience. Call Pathway Legal Group today at (317) 588-7400 for a free consultation. Let us help you navigate the path to recovery with skill, strategy, and unwavering dedication.
