Who is Liable for an Indiana Truck Accident?

Trucking accidents can often be catastrophic for the people involved. The injuries that people sustain in truck accidents can be devastating, due to the sheer size and weight of the vehicles involved. In addition, if a truck is carrying a load of hazardous materials, even people not involved in the initial accident or people miles away may suffer injury if the contents of the trailer are released into the environment.

Trucking accidents may be much more complicated than other types of traffic accidents due to the potential number of parties involved. Trucks may be owned by the driver or another party, and trucking companies often treat drivers as independent contractors in an attempt to avoid liability for crashes. Simply because a company claims a driver is an “independent contractor” does not make this so; in fact, courts often find that this is a question for a jury under all of the relevant circumstances. For example, according to our Hammond, IN brain injury lawyer, in one case we handled involving a serious brain injury, a company claimed that its driver was not responsible because she was an independent contractor and not an employee. The company even presented a signed “independent contractor” agreement. However, after years of litigation we obtained a court ruling finding that this was not determinative and that a jury could still find the company liable based on all of the surrounding circumstances. Shortly after this ruling, the brain injury claim was settled by the insurance company for $25,000,000. Every case is different, so if you are injured by a so-called “independent contractor”, it is critical that you have your case evaluated by a qualified Milwaukee truck accident lawyer. Indeed, given the complicated legal issues arising in many semi-accident cases, it is important for anyone who has been injured to obtain a case evaluation by a qualified truck accident attorney.

Who can be held liable?

There are a number of parties that may be responsible for any injuries that you sustain in a trucking accident. These parties include:

• The truck driver
• The trucking company
• The manufacturer of the truck
• The owner of the truck
• The company or person responsible for maintaining the truck
• The owner or driver of another vehicle
• The manufacturer of another vehicle

As this list makes clear, there are multiple sources of legal liability when it comes to a trucking accident. To determine who to sue, you must first determine what caused the accident in the first place. Depending on the circumstances of the crash, there may only be a single source of liability or multiple sources.

Under the doctrine of respondent superior, an employer can be held liable for the negligent acts of an employee if they occur within the scope of employment. If a truck driver negligently caused an accident while working for a trucking company, the company may be liable for the damages incurred. In addition, if the trucking company is responsible for the maintenance of the truck, they may be liable for any accidents that resulted from problems with the truck itself.

Because of the inherent danger that large tractor-trailer trucks present, the industry is heavily regulated by both state and federal law. Truck drivers are subject to strict rules about length of time spent driving, load weight restrictions, speeding, and driving under the influence of drugs or alcohol. Any violation of these regulations may be sufficient to establish liability on the part of the driver or the trucking company.

Because accidents involving semi-trucks can raise complicated issues of law as well as technical issues unique to the trucking industry, it is important for people injured in trucking accidents to consult with an Indianapolis personal injury attorney or South Bend truck accident lawyers who has experience handling these types of cases. Because these types of claims are time sensitive, it is important not to delay in filing your claim. If you wait too long to file a claim, your suit may be barred by the statute of limitations in Indiana. In addition, it is important to undergo a complete medical evaluation after an accident to ensure that your injuries are properly documented by a medical professional.