Who Are the Potential Defendants in a Truck Accident Case?

If you were involved in a truck accident, you may be wondering who will pay for your medical bills and other accident-related losses. If the crash was the result of a commercial truck driver’s negligence, you may be entitled to file a truck accident claim to recover compensation.

Indiana has an at-fault insurance system. That means you will need to prove that someone else was responsible for your losses to obtain compensation from them. Commercial truck accidents are more complicated to resolve than auto accidents, with multiple parties potentially liable.

The truck accident attorneys at Craig, Kelley & Faultless LLC know the types of evidence to seek to build a persuasive truck accident case. Our attorneys have advocated successfully for the rights of injured people in Indiana for decades. The skilled representation and personalized service we provide have earned praise from our clients and recognition from our peers. Our firm has received the highest peer rating possible from Martindale-Hubbell, the AV Preeminent Rating.

Learn more about how our attorneys can help if you were injured in a large truck accident. Contact us now for a free initial consultation.

Who Is Liable in a Truck Accident Case?

Unlike car accident cases, truck accidents tend to involve multiple potentially at-fault parties. One or more of the following parties may be financially liable in an Indiana truck accident case:

  • The truck driver – A commercial truck driver may be liable if the driver’s negligence was a contributing factor in the truck accident. This could occur if the driver was breaking traffic laws, distracted, intoxicated, or dangerously fatigued.
  • The trucking company – The trucking company may bear responsibility if it failed to properly screen an unsafe driver when hiring, neglected to adequately maintain its trucks, or encouraged its drivers to engage in unsafe driving practices such as disregarding hours of service limits.
  • Repair and maintenance companies – Any third-party companies that serviced the semi-truck involved in the accident may be liable if the maintenance garage failed to diagnose, or repair a mechanical problem that contributed to the crash.hammer and gavel with semi truck on the background- truck accident case concept
  • Truck and parts manufacturers – If the failure of a faulty truck component contributed to the crash, the manufacturer of the defective component may be at fault for negligent design, manufacture, labeling, installation, or distribution.
  • Cargo loading companies – The company that loaded the cargo into the truck may be liable if the cargo was overloaded, unbalanced, or improperly secured in a way that contributed to a loss-of-control or cargo spill accident.
  • Government agencies – If poor road conditions such as excessive potholes or inadequate drainage contributed to the wreck, the government agency responsible for maintaining the road could bear liability.
  • Other road users – Another motorist such as a car driver or motorcyclist, or even a bicyclist or pedestrian, could be liable if they contributed to the circumstances that led to the truck accident.

When to Consult a Truck Accident Attorney

Many truck accidents cause serious injuries and extensive vehicle damage. That makes the resulting claims both expensive and complicated.

You should contact a knowledgeable truck accident attorney if:

  • You sustained significant physical injuries due to the accident.
  • Your accident-related injuries have prevented you from returning to work.
  • You’re not sure who may have been responsible for the accident.
  • There were other vehicles or road users involved in the accident.
  • The truck accident occurred in a school, work, or construction zone.
  • A truck insurance company has attempted to minimize or deny your claim.
  • A trucking insurance provider or attorney asks you to grant access to your medical file.
  • You feel uncertain about engaging in negotiations with the insurance company.
  • You suspect you may have grounds for a personal injury lawsuit.
  • You have questions about your legal rights or options for recovery.

How Can a Truck Accident Lawyer Help?

If you were injured in an Indiana truck accident, the experienced attorneys of Craig, Kelley & Faultless LLC can help you by:

  • Explaining your rights and the laws that apply to your case – We can help you understand your legal options for pursuing the compensation you need. We can review the various trucking industry rules and regulations that could affect your claim.
  • Conducting a thorough investigation – Our attorneys will conduct an independent investigation of the truck accident. We can identify useful evidence to support your claim, such as truck black box data, dash camera footage, trucking company hiring records, and driver safety records. It’s important to engage an attorney to investigate the accident before crucial evidence is lost.
  • Consulting with expert witnesses – We can work with expert witnesses such as medical professionals, vocational experts, and accident reconstruction specialists who can provide important insight into the causes and effects of the truck crash.
  • Managing important documents and deadlines – Filing an insurance claim or lawsuit after a truck accident requires the preparation of significant paperwork and adherence to strict filing deadlines. We can manage these time-consuming tasks on your behalf.
  • Making sure you get the medical care you need – If the trucking insurance company attempts to limit your access to medical care, we can stand up for you to ensure you receive the treatment you need to recover as fully as possible.
  • Communicating with others on your behalf – Anything you say to insurance adjusters or other attorneys could be used against you later. We can communicate with trucking industry representatives on your behalf.
  • Negotiating with insurance providers on your behalf – Our attorneys are skilled negotiators. We prepare every case we handle as if we were going to trial. You can rest assured that we’ll be ready for any negotiating tactics or ploys the truck insurance company tries to use.
  • Filing a lawsuit on your behalf and representing you in court – If the trucking company or its insurer refuses to agree to a reasonable settlement, we will be ready to take your case to court to demand full and fair compensation.

Contact an Indiana Truck Accident Attorney Now

At Craig, Kelley & Faultless LLC, we have more than 30 years of experience helping injured people in Indiana seek justice after serious accidents. We have expensive experience in the unique issues posed by crashes involving semis, tractor-trailers, and other large commercial vehicles. Two of our attorneys David Craig and Scott A. Faultless have earned professional certification from the National Board of Trial Advocacy in the area of commercial truck accident law. To discuss the details of your case with a trusted attorney, contact us anytime, 24/7, for your free initial case review.

Author:

Since 1999 the Indianapolis legal team at Craig, Kelley & Faultless, LLC have been dedicated to helping individuals and their families who have been injured or have lost a loved one as the result of someone’s carelessness. The firm was founded by three attorneys, David Craig, William ‘BJ’ Kelley II and Scott Faultless, since then they have added attorneys and legal professionals to the team and opened four additional office locations to better serve their clients.