Grain Truck Accident Claim in Indianapolis, IN
It’s no wonder that grain trucks are a common sight throughout the Hoosier State. Indiana exports billions of dollars in agricultural products every year, according to the U.S. Trade Representative Office. Grains such as soybeans, corn, and feed grain top the list.
Unfortunately, the abundance of grain trucks on the roads and highways presents many dangers to Indiana drivers. When grain trucks are involved in traffic collisions, the occupants of smaller vehicles often sustain severe and life-threatening injuries.
If you were involved in an Indianapolis grain truck accident, you shouldn’t bear the financial burden of the truck driver’s carelessness. At Craig, Kelley & Faultless LLC, our trusted and award-winning attorneys can help you seek fair compensation for your losses in a grain truck accident claim. Call (800) 746-0226 or contact us online to learn more about your options in a free initial consultation.
Causes of Grain Truck Accidents
Some of the most common causes of grain truck accidents in Indianapolis include:
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- Distracted driving – When truck drivers are focused on text messages, phone calls, or other distractions in or outside their vehicle, they are significantly more likely to overlook changes in traffic flow and cause devastating collisions.
- Driving under the influence – The effects of alcohol, cannabis, and other intoxicating substances can severely impair safe driving abilities, such as reaction time, depth perception, and spatial awareness.
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- Drowsy driving – According to the Centers for Disease Control and Prevention (CDC), drowsy driving can potentially be just as dangerous as drunk driving. The effects of missing a night’s sleep are equivalent to the effects of a blood alcohol concentration (BAC) above the legal limit.
- Truck driver error – Driver errors, such as following too closely, taking turns too quickly, neglecting blind spots, and failing to yield the right-of-way, can lead to dangerous loss-of-control truck accidents.
- Reckless driving – Reckless driving behaviors, such as speeding, driving too fast for conditions, tailgating, and lane weaving, place truck drivers and other road users at unnecessary risk.
- Unsafe company policies – When trucking companies have explicit or implicit policies that encourage drivers to engage in unsafe practices to meet delivery deadlines, drivers may feel like they have no choice but to compromise on safety.
- Inadequate maintenance – Commercial trucks have hundreds of moving parts that undergo constant wear and tear. When truck drivers, trucking companies, or repair shops fail to perform routine maintenance, worn components can fail in transit and contribute to catastrophic truck accidents.
- Defective truck parts – In rare cases, truck accidents can occur due to the failure of truck parts with manufacturing or design flaws, whether or not the parts have been properly installed and maintained.
- Improper cargo loading – If cargo loading teams weigh grain trucks down with too much cargo, the resulting overload can reduce the traction of a truck’s tires and lead to loss-of-control wrecks.
- Poor road conditions – Poor road conditions, such as blind curves, inadequate drainage, or missing signage, can contribute to dangerous accidents caused by confusion and loss of driver control.
Recent Grain Semi-Trailer Truck Accident Cases in the US
The following recent grain truck accidents in nearby Iowa and Kentucky illustrate the frequency and severity of these frightening events.
In February of 2021, the Sioux City Journal reported a three-vehicle grain truck collision that left one driver with life-threatening injuries. According to investigators, the collision occurred as a semi-truck towing a trailer full of grain was leaving Le Mars, Iowa, headed westbound on County Road C38.
Another driver in a 2001 GMC Sierra pickup, also headed westbound, reportedly collided with the rear end of the semi-truck with a grain trailer.
Immediately afterward, a third driver in a 2013 Dodge Ram pickup ran into the GMC from behind. As a result, the GMC driver was trapped within the vehicle, which subsequently caught fire.
The GMC driver suffered severe injuries, while the semi-truck driver and the driver of the Dodge were unharmed. Each pickup was declared a total loss, while the grain truck sustained roughly $30,000 in damage.
More recently, in November of 2021, KFVS 12 reported a rollover accident involving a grain truck in Calloway County, Kentucky. According to local authorities, the grain truck was discovered completely overturned on one side. The driver reportedly claimed the truck’s tires went off-road as he was driving southbound on Cook Store Trail, causing a dangerous shift to the grain inside the trailer that ultimately led to the rollover.
The truck was found rolled over onto its passenger side. Afterward, the driver was reportedly taken to a local hospital soon after for crash-related injuries.
Compensation for Grain Truck Accidents
Under Indiana law, you have the right to file an insurance claim or personal injury lawsuit against the at-fault parties if you sustain injuries in a grain truck accident. With a successful case, you may be entitled to compensation as reimbursement for the following:
- Medical bills – The cost of any medical expenses you incur as a result of the accident, including bills from ambulance rides, inpatient hospital stays, outpatient doctors’ visits, prescriptions, and physical or psychological therapy
- Incidental costs – Any out-of-pocket costs you incur from accident-related incidental expenses, such as the costs of in-home assistance or travel to and from medical appointments
- Vehicle repair expenses – The costs of repairing any damage your vehicle sustained in the crash or replacing your vehicle entirely if it was totaled
- Lost wages – The value of any wage losses you suffer as a result of the time you miss at work while you are recovering from accident-related injuries
- Pain and suffering – The intangible cost of the physical pain, emotional anguish, and psychological suffering you endure as a result of the accident
- Future losses – The estimated value of any losses you will likely incur in the future as a result of the accident, such as the costs of medical care you will probably need in the future and the projected value of losses in your lifetime earning capacity
Who Is Liable for a Grain Truck Accident in Indiana?
In most car accidents, liability is typically limited to the drivers involved in the wreck. However, there are multiple parties involved in the operations of a commercial grain truck. Any of them may be partially or fully liable in an accident, including:
- The truck driver – The driver can be liable in a grain truck accident if they were speeding, reckless, or otherwise failed to obey any state or federal commercial driving laws.
- The trucking company – The trucking company may be at fault for hiring an unqualified truck driver, failing to perform adequate maintenance on the trucks in its fleet, or imposing policies that encourage unsafe driving practices.
- A truck repair shop or mechanic – A repair shop or mechanic that worked on the grain truck may be at fault if they failed to properly inspect, maintain, or repair a truck part that failed in transit and contributed to the wreck.
- A truck parts manufacturer – The manufacturer of a truck part or system may be liable if a grain truck accident occurs as a result of the failure of a defectively designed or manufactured component.
- A cargo loading team – The team responsible for loading the grain into the truck’s trailer may be at fault for a loss-of-control truck accident if the grain delivery truck was overloaded or not properly secured within the trailer.
- A government agency – A local government agency or employee may be liable for a grain truck accident if they failed to keep local roads properly maintained and their lack of maintenance contributed to the crash.
Pursuing Compensation from the Liable Parties After an Accident with a Grain Truck
Pursuing compensation for losses after a grain truck accident can feel intimidating and overwhelming. The following are steps you can take to establish a strong foundation for your claim:
- Seek prompt medical attention to obtain treatment for your injuries and create a formal record of your condition
- Follow your doctor’s prescribed care plan and attend all follow-up appointments
- Gather as much evidence as possible, including photos of the accident scene, employer and insurance information from the truck driver, and statements from available eyewitnesses
- Keep track of medical bills, vehicle repair estimates, pay stubs, and other documentation related to the accident
- Avoid apologizing or admitting fault for the accident
- Refuse to provide written or recorded statements about the accident to the insurance company
- Avoid posting or sharing on social media while your claim is pending
- Contact a knowledgeable Indianapolis grain truck accident lawyer for legal advice
Statute of Limitations for Indiana Grain Truck Accident Lawsuits
If you suspect you may have grounds for a grain truck accident lawsuit, it’s important to understand how Indiana’s statute of limitations could affect your case. In Indiana, the statute of limitations says you have just two years to file a farm truck accident lawsuit.
This two-year window typically begins on the date of the truck accident. If you fail to file a lawsuit within two years of that date, the court will most likely dismiss your lawsuit, and you will lose your right to demand fair compensation for your losses. To meet this deadline, you should reach out to our award-winning truck accident attorneys as soon as possible after being in a grain or farm truck accident.
Get Help from an Indianapolis Grain Truck Accident Lawyer
The Indianapolis grain truck accident lawyers of Craig, Kelley & Faultless LLC can help you hold negligent parties from the trucking industry accountable and pursue the financial recovery you deserve. Call us today at (800) 746-0226 or contact us online to speak with a member of our attentive team in a free initial case review.
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