What Are the Time Limits for Filing a Truck Accident Lawsuit in Indianapolis?

Commercial truck drivers and trucking companies must abide by stringent federal laws and regulations to help ensure motorist safety. When they fail to do so, drivers and motor carriers can be held liable for resulting accidents. If you sustained injuries in an Indiana truck accident, understanding how state and federal laws intersect is crucial.

Federal Motor Carrier Safety Administration’s Role and Authority

The Motor Carrier Safety Improvement Act of 1999 established the Federal Motor Carrier Safety Administration (FMCSA). One of FMCSA’s goals is to reduce commercial motor vehicle-related injuries and fatalities on U.S. roadways. FMCSA assesses commercial traffic data, determines points of concern, and enacts regulations governing the trucking industry.

Examples of FMCSA regulatory standards include:

• Hours-of-service rules, which set how long a truck driver can work without breaks
• Commercial driver’s license (CDL) requirements
• Commercial truck weight and size limits
• Electronic logging device (ELD) requirements, which record data about a truck’s operation in real time
• Mandatory drug and alcohol testing
• Vehicle maintenance and regular inspections

Violating FMCSA rules can lead to severe penalties for truck drivers and trucking companies, ranging from hefty fines to being placed out of service entirely. Truckers and motor carriers can also face personal injury lawsuits if their negligent actions cause a truck accident that harms another person.

Indiana State Regulations: Local Nuances and Additional Requirements

The FMCSA is the federal authority on commercial trucking. However, states can also enact commercial trucking regulations and requirements. In Indiana, the Commercial Vehicle Enforcement Division enforces state and federal trucking regulations to reduce the number of truck accidents.

The Commercial Vehicle Enforcement Division oversees the state’s inspection and safety programs and commercial driver licensing. The agency also enforces the state’s size and weight limits, scale certification requirements, and fuel and road use taxes.

Indiana personal injury laws also address how accident victims can pursue compensation if they suffer injuries in a wreck.

How Do Violations Impact Truck Accident Lawsuits?

State and federal trucking laws exist in part to keep people safe. A truck driver, trucking carrier, or other affiliated party that violates these regulations could be liable for an accident resulting from that violation or other form of negligence. In other words, if you can prove that you were injured because of a violation, you can pursue compensation from whoever broke the rules.

There’s just one problem. Much of the evidence needed to show FMCSA violations, like black box data and hours-of-service logs, are truck company property. These items will be difficult to acquire on your own, but fortunately, you don’t have to. An experienced truck accident attorney can send letters of spoliation to prevent these items from being altered or deleted and then work with experts to understand their contents.

Get Help from Our Experienced Indiana Truck Accident Lawyers

A truck accident can change your life forever, but compensation is possible for your losses. Don’t settle for anything less than what you deserve. Get help from an experienced Indiana truck accident lawyer with Craig, Kelley & Faultless, LLC. Contact our Indiana office today for a free legal consultation.