Indiana Commercial Vehicle Accident Lawyer

When big-rig trucks are involved in accidents, their massive size and weight can lead to devastating and life-changing injuries that can include head, back, neck, brain, and spinal cord damage, paralysis, amputations, broken bones, and even death. Survivors of commercial vehicle accidents often face long, painful recoveries that require expensive rehabilitation and continuing care, and medical bills mount up at a time when they are unable to work.

Indiana laws are complicated, and insurance companies are out for their own benefit and will try to get you to settle for as little as possible. Many parties are potentially liable for the accident, including major corporations and multiple insurance companies well-experienced in defending claims and lawsuits brought against them. Making mistakes can cost you, and knowing what to do or where to turn is difficult.

Fortunately, help is available from the commercial truck accident law firm of Stephenson Rife, LLP. At this difficult time, when you are trying to recover from your traumatic accident, our big rig truck accident attorneys can take the burdens off you by dealing with the complex laws and multiple parties and insurers these cases involve. We understand the difficulties you and your family face, and we are deeply committed and fully prepared to handle all legal hurdles involved with proving liability and winning your case so you can concentrate on rebuilding your life.

Why Choose Stephenson Rife?

1. Expertise: Our legal team boasts extensive knowledge of Indiana’s traffic laws, commercial vehicle regulations, and insurance policies. We leverage our expertise to build robust cases for our clients, ensuring they receive the compensation they deserve.
2. Investigation and Analysis: We understand the importance of a thorough investigation. Our attorneys work diligently to gather evidence, examine accident reports, interview witnesses, and collaborate with accident reconstruction specialists when necessary. This meticulous approach allows us to build a compelling case for our clients.
3. Resourceful Negotiation: We are committed to securing the best possible outcome for our clients. We skillfully negotiate with insurance companies, ensuring that our clients’ rights are protected and that they receive fair compensation for medical expenses, lost wages, property damage, and pain and suffering.
4. Litigation Excellence: In cases where negotiation does not yield the desired results, our litigators are prepared to take the fight to the courtroom. We have a proven track record of success in litigation and tirelessly advocate for our client’s interests in front of judges and juries.

Our Big Rig Truck Accident Lawyers Win Big

Our commercial vehicle accident lawyers have secured significant settlements, including:

1. $48.5 Million Truck Accident Case: Through extensive advocacy involving over 60 depositions in five states, we achieved a $48.5 million settlement shortly before trial.
2. Overloaded Truck Settlement: In a case where B.Z. suffered serious injuries, Stephenson demonstrated the overloaded condition of the other truck and multiple safety violations, resulting in a confidential settlement for B.Z.’s injuries, lost work time, and ongoing pain.
3. $15 Million Settlement for Leg Amputation: Stephenson Rife obtained a $20 million Canadian dollars settlement (or $15 million settlement in USD) within 10 months for a client who experienced a leg amputation and other injuries in a trucking accident, showcasing our dedication to building a strong case on liability, punitive damages, and economic losses.

How Our Indiana Commercial Truck Accident Lawyers Work for You

Big-rig truck accidents are complex and governed by complex Federal Motor Carrier Safety Administration (FMCSA) regulations. Liability often extends to multiple parties, such as contracted drivers and their companies, manufacturers, and cargo loaders. Our Indiana big rig accident lawyers can assist by:

• Assessing your case, determining its value, and advising on the best course of action
• Conducting a thorough investigation, including crash scene analysis, eyewitness interviews, record examinations, and data from the truck’s event recorder
• Gathering evidence and employing experts for accident reconstruction and injury assessment
• Identifying insurance companies for each defendant, negotiating fair settlements, and protecting against tactics aimed at admission of fault or quick, undervalued settlements
• Building a strong case and preparing for trial if a fair settlement proves elusive
• Urging prompt action to preserve evidence and locate witnesses.

Contact our Indiana commercial vehicle accident attorneys early to ensure a comprehensive and effective legal strategy.

Big Rig Truck Accident Lawyers in Indiana Must Prove Negligence

State and federal safety regulations govern the trucking industry, and failure to meet them creates liability. The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic, and the FMCSA has rules for driver’s license standards, safety and fitness procedures, financial responsibility for motor carriers, maximum hours that truckers can drive, and what inspection, repair and maintenance of vehicles are required. When these regulations are not adhered to, the responsible parties can be found negligent and liable for damages.

In trucking accident cases, multiple parties may be held responsible. For example, truckers may work directly for the company they are delivering for or be independent contractors, simply hauling the goods for the company that owns the cargo. Drivers may have driven while fatigued; cargo may have been loaded incorrectly; truck parts may have failed; or problems with road maintenance may have contributed to the accident.

As a result, depending on the circumstances, liable parties may include:

• The truck driver
• The trucking company
• The owner of the cargo
• The company that leased the truck
• Third-party contractors
• Other negligent drivers
• The manufacturer of the truck or its equipment or parts
• The mechanic responsible for maintaining the vehicle
• The government entity responsible for maintaining the road
• A road repair company.

Any or all of these parties may be at fault for contributing to the accident, and they all may have insurance and assets that can go toward a settlement award.

To prove fault legally, our attorneys must show the existence of the following elements:

• Duty – The defendant owed you a duty of care not to cause harm.
• Breach – The defendant breached that duty by acting or failing to act.
• Cause – This action or failure to act caused a crash and your injuries.
• Damages – You suffered damages as a result.

We would do this by thoroughly investigating the case, collecting evidence, finding all liable parties, and hiring experts to testify to the fault. It’s important to contact our commercial vehicle attorneys quickly. Vital records such as the driver’s and dispatcher’s logs, inspection and maintenance records, the truck’s “black box,” and other evidence can be preserved and utilized to prove negligence.

Damages Our Commercial Truck Accident Lawyer in Indiana May Win for You

The Average Settlement in an Indiana Truck Accident Includes an Award for Your Compensatory Damages.

Whether your injuries were caused by negligence from a delivery truck accident, dump truck accident, or any other big-rig vehicle accident, Indiana allows victims to recover an award for compensatory damages.

Compensatory damages are to cover losses and costs for both your economic damages for specific monetary losses and your non-economic damages for losses that may not have a specific dollar value but negatively impact your life. These may include:

• Medical, rehabilitative, and equipment costs
• Loss of wages and future earning capacity
• Property damage
• Pain and suffering
• Mental anguish and emotional distress
• Permanent disability
• Disfigurement and permanent scarring
• Loss of enjoyment of life.

Punitive damages may also be awarded in certain circumstances to punish negligent parties for willful negligence or especially egregious behavior and to act as a deterrent for similar misconduct in the future.

Frequently Asked Questions on Commercial Vehicle Accidents

Because accidents with big rig trucks are so complicated, it’s natural to have questions and concerns. The following are some answers to questions our attorneys are frequently asked:

What should I say to truck insurance companies?

Be cautious when dealing with insurance adjusters, as their goal is to minimize payouts. Trucking companies have significant insurance coverage, but insurers aim to pay as little as possible. They might contact you to elicit statements that suggest fault or make a low settlement offer. Admitting fault complicates proving negligence by others, and accepting a low offer may limit your entitled settlement. Advise them to communicate with your attorney, who will handle discussions and negotiations. With legal representation, insurers are more likely to present a fair compensation offer when they know there is a potential for trial.

What if a family member has died in a commercial vehicle accident?

In the event of a fatal commercial vehicle accident, our attorneys may pursue a wrongful death lawsuit. As in a personal injury case, the deceased person’s personal representative seeks compensation since the deceased can no longer do so. This civil lawsuit, separate from criminal proceedings, seeks financial restitution. Under the Indiana Adult Wrongful Death Act (AWDA), Indiana Code 34-23-1-2, the personal representative can file a claim within two years of the death. Damages cover medical and burial expenses, as well as lost earnings. After settling medical and burial costs, the remaining damages are distributed to the spouse and dependent children or next of kin, following the decedent’s Will if available.

What if I am a commercial vehicle driver who was injured by someone else’s negligence?

Truck drivers face various risks, including road hazards, distracted drivers, and rule violators. They also contend with employer pressures, mechanical issues from poor maintenance, and improperly loaded cargo. If you, as a truck driver, are injured in a non-fault accident, our Stephenson Rife attorneys in Indiana will investigate, identify negligence, and pursue rightful compensation for you.

What regulations do big-rig truck drivers have to follow?

Both state and federal regulations apply to commercial vehicles in Indiana. The Federal Motor Carrier Safety Administration (FMCSA) sets standards for issues such as driver qualifications, vehicle maintenance, and hours of service.

What steps should I take immediately after a commercial vehicle accident? 

After a commercial vehicle accident, prioritize safety and seek medical attention if needed. Report the accident to the police, gather information from the other parties involved, and document the scene. Contact your insurance company as soon as possible.

Is there a time limit for filing a lawsuit after a commercial vehicle accident in Indiana?

Yes. There is a time limit for filing. According to Indiana Code (I.C.) 34-11-2-4(3), you must file a claim for personal injury or wrongful death within two years or the courts will not hear your case.

Call Our Commercial Truck Accident Attorneys in Indiana Today

If you or a loved one has been involved in a commercial vehicle accident in Indiana, don’t navigate the legal process alone. Contact Stephenson Rife today at (317) 680-2350 for a consultation. Our dedicated team is here to guide you through the legal maze, fighting relentlessly to secure the compensation you deserve.

Attorney Mike Stephenson

Attorney Mike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including motor vehicle, trucking, workplace injuries, product liability, just to name a few. Mike is a proven advocate and trial attorney. He has served as lead trial counsel in more than 100 civil jury trials, and has handled litigation in 18 states. [ Attorney Bio ]