When a semi-truck accident occurs in Indiana, determining fault is a critical step in seeking compensation for any injuries or losses. Semi-truck accidents, due to their complexity and the sheer size of the vehicles involved, often involve multiple parties and intricate insurance policies. Understanding how fault is determined in these cases can help protect your rights and ensure that you receive the compensation you deserve.
Key Elements of Fault in Semi-Truck Accidents
Determining fault in a semi-truck collision involves establishing negligence. In order to hold someone legally responsible, it must be shown that the party failed to act with reasonable care, and that this failure caused the accident. In semi-truck accidents, one or more of the following parties might be at fault:
- The truck driver
- The trucking company
- The owner of the truck and/or trailer
- The shipping or loading company
- Manufacturers of truck parts
Because so many parties can be involved, the process of investigating a semi-truck accident is more complicated than a typical car crash.
Key Factors Examined in Determining Fault
Several factors are considered when determining who is responsible for a semi-truck accident in Indiana:
1. Driver Behavior
The actions and decisions of the truck driver are closely reviewed. This can include evidence of:
- Speeding or reckless driving
- Driving under the influence of drugs or alcohol
- Driver fatigue or violating Hours of Service rules
- Distracted driving (such as texting or using a phone)
- Failure to obey traffic laws
2. Vehicle Maintenance
Trucks require rigorous maintenance to operate safely. A failure to properly maintain the vehicle, such as neglecting brake repairs or tire replacements, can place liability on the driver or the company responsible for upkeep.
3. Company Policies and Practices
Trucking companies may be held liable if they engage in negligent hiring, fail to properly train drivers, or encourage practices that violate safety regulations.
4. Cargo Loading
Improperly loaded or overweight cargo can lead to accidents and may point to the shipping or loading company as a liable party.
5. Equipment Failure
If an accident is caused by a defective part—such as malfunctioning brakes or faulty tires—the manufacturer could share in the liability.
Evidence Used in Proving Fault
Gathering evidence is essential in these cases, and can include:
- Police reports
- Driver’s logbooks and electronic logging device data
- Truck maintenance and inspection records
- Black box (event data recorder) information
- Witness testimony
- Photographs and video footage from the crash scene
A thorough investigation using this evidence helps clarify the chain of events and determine which party or parties were negligent.
Indiana’s Comparative Fault Law
Indiana follows a “modified comparative fault” rule. This means that you may still recover compensation if you are less than 51% at fault for the accident. However, any damages awarded will be reduced by your percentage of fault. For example, if you are found 20% responsible, your compensation will be reduced by 20%.
Why a Legal Team Is Essential
Since semi-truck accidents often involve multiple entities, extensive insurance policies, and strict federal regulations, determining fault can be a complex process. Insurance companies may attempt to minimize their liability by shifting blame. Having an experienced legal team can help you navigate these challenges, gather the necessary evidence, and advocate for your best interests.
Next Steps After a Truck Accident
If you’ve been involved in a semi-truck accident, promptly seeking medical care, preserving evidence, and consulting with an attorney as soon as possible are crucial steps. An experienced legal team can help ensure all liable parties are held accountable and protect your right to fair compensation.
If you or a loved one has been injured in a semi-truck accident in Indiana, don’t wait to seek legal counsel. The claims process is complex and time-sensitive, with strict deadlines that must be met to preserve your right to compensation. Contact us today for a free consultation.