Mishawaka, IN Truck Accident Lawyer

Truck accidents tend to be much more serious and complex than ordinary collisions. If you or a loved one have suffered serious injuries because of a truck driver’s negligence, our experienced lawyers are ready to recover the money you’re entitled to.

Most commercial trucks are powerful vehicles that can easily cause catastrophic damage. If a truck driver does not take their responsibilities seriously, there is no telling how bad an accident could get. Fortunately, our team has the experience to prove how your injuries were caused. We will gather evidence and investigate each party implicated in the accident. We will almost always file a claim against the driver, but you can also usually pursue compensation against the company that employs them. Regardless of the circumstances, we will help you get justice for the harm you have suffered.

For a free case review with our truck accident attorneys, call Wruck Paupore today at (219) 322-1166.

How Truck Accidents Typically Happen in Mishawaka, IN

Truck accidents happen for numerous reasons in Mishawaka. However, most are the result of someone’s negligence. Many truck accidents are caused by the truck driver, who is most directly in control of the truck. Other times, the trucking company or another third party acted negligently.

Our truck accident lawyers will investigate your claim to determine how your accident was caused and who contributed to causing it. Examining the cause of your injuries will point us to the liable parties and the evidence we need to prove your claim. The following are common causes of truck accidents in Mishawaka:

Speeding

Speeding is one of the leading causes of truck accidents. Truck drivers have a duty to drive with care and follow the traffic laws, including posted speed limits. However, truckers are expected to exercise better judgment than regular drivers. As such, doing the speed limit might actually be going too fast if the truck is heavily loaded with cargo. Truck drivers should be driving at speeds that are safe and reasonable under the circumstances.

Because most commercial trucks are large vehicles, speeding can result in catastrophic and even deadly injuries. The less time the trucker has to react, the more powerful the collision is likely to be. In many cases, our team can access the truck’s “black box,” which records important trip details like the truck's speed during operation to prove if they were speeding when the accident occurred.

Fatigued Driving

Another common cause of truck accidents is driver fatigue. Many truckers are required to haul cargo long distances under tight deadlines. To get an edge, some will try to drive as much as possible to complete the job.

However, truckers must adhere to strict rules that limit the number of hours a driver can operate without taking a mandatory rest. According to 49 C.F.R. § 395.3(b), truckers are not allowed to drive for more than 60 hours in a consecutive seven-day period. If the carrier operates every day of the week, the trucker must not drive more than 80 hours out of eight consecutive days.

After seven or eight days, truck drivers must be off-duty for 34 or more straight hours, as per 49 C.F.R. § 395.3(c). Our attorneys can help determine if the driver violated these regulations when they injured you.

Distracted Driving

Many truck accidents are also caused when the trucker gets distracted. This is more common than ever, as most trucks are equipped with helpful yet distracting technology. For instance, a trucker might cause an accident in the split second they take their eyes off the road to check their GPS. Or, they might be on their phone when they should be paying attention to traffic. It is illegal for any driver to be using their phones, especially trained truck drivers.

Improper Change of Lanes

Because most trucks are large, it can be difficult for the driver to see every angle of the road. However, truckers should check each blind spot before changing lanes. An improper lane change can have devastating results. If the truck is towing a large trailer, an illegal lane change can cause the other vehicle to get crushed under it. Some truckers can be quite aggressive when trying to get into a lane and should be held liable if they ran you off the road or caused a worse accident.

Improperly Loaded Cargo

A truck’s cargo should be stored in a trailer so that it is secure and cannot shift around during transport. If cargo is improperly loaded, it can slide around. This can seriously affect the balance of the truck’s trailer, leading to catastrophic rollover or jackknife accidents.

If negligently loaded cargo contributed to your accident, we can help determine who is at fault. Of course, the trucker is ultimately responsible for what they are hauling, so they will likely be held responsible for checking that the cargo is secure before leaving.

However, the cargo might have been loaded by the pickup location. If third-party cargo loaders were responsible for the poor placement of the stock, we would file a claim against them, as well as the driver.

Poor Truck Maintenance

In some cases, a truck malfunction might have caused the accident. Still, truck drivers and trucking companies are responsible for inspecting their vehicles regularly to find dangerous issues and repair them before they become a problem. Brakes, lights, tires, and numerous other complex systems must be regularly maintained. If they did not, our team can review their records to see if and when repairs were made or whether there is a gap in the records where an inspection should be.

Driving Under the Influence of Drugs or Alcohol

Some of the worst trucking accidents are caused by truckers driving under the influence. Sometimes, they are under the influence of alcohol, which limits their reaction time and decision-making. Others are under the influence of a drug, usually a stimulant that helps keep them alert for the trip. If a driver was under the influence when the accident happened, the trucking company will likely test them following the collision. Our team can help get a copy of the drug test for your case.

Trucking Company Negligence

In some cases, the trucking company is directly responsible for your injuries. As mentioned, these companies have a duty to maintain their trucks, which cannot be serviced by other businesses. They also have a duty to hire qualified and responsible drivers. For instance, trucking companies are supposed to run a background check on all potential drivers. If the trucking company finds an arrest for a previous DUI and hires the driver anyway, it could be sued if the dangerous driver injures someone.

Call Our Mishawaka, IN Truck Accident Attorneys for Help Today

Contact Wruck Paupore by calling (219) 322-1166 for a free case evaluation with our truck accident lawyers.