Identifying Liabile Parties in Truck Accident Cases

  If you’ve been in a truck accident in Indiana, you might assume that only the truck driver is liable for your injuries and other losses. However, the trucking industry includes multiple entities, each of which may bear some share of responsibility for your truck crash injuries. 

After suffering injuries in an accident involving a semi or other large truck in Indiana, our commercial truck accident attorneys have the skills and resources to determine fault and liability. Identifying liable parties and determining fault are crucial to pursuing maximum compensation. 

Contact Craig, Kelley & Faultless LLC for a free consultation to learn more about how a truck accident lawyer from our firm can help you identify potentially liable parties after an Indiana truck accident.

Our Law Firm Can Help with Determining Fault and Liability for Truck Crashes 

At Craig, Kelley & Faultless LLC, our attorneys have decades of combined legal experience handling truck accident cases in Indiana. We have a proven record of success in recovering compensation for truck crash victims. 

Our legal team knows how to counter the trucking companies’ strategies of shifting blame and ducking liability for accidents and injuries. Our firm has the resources to take on the big trucking companies and insurers to pursue the total compensation you deserve. 

For over 30 years, truck accident victims have trusted us because we:  

• Treat every client with compassion and provide the dedicated service they deserve.
• Provide clients with our attorneys’ cell phone numbers, ensuring they can reach us whenever they have questions or concerns.
• Return calls and emails promptly to give our clients peace of mind.
• Never back down and pursue every avenue to protect the rights and interests of every client.

What If Multiple Parties Caused a Truck Accident?

Under Indiana’s comparative negligence laws, when multiple parties bear responsibility for causing a truck accident, each party will be liable for a portion of losses arising from the crash in proportion to their percentage of fault. For instance, based on the evidence, the courts may find that a trucking company and truck driver each bear 50 percent of the fault for a truck accident. As such, each would be liable for 50 percent of your losses. 

Under the modified comparative negligence system, an injury victim who is partly to blame for the truck accident that caused their injuries may still seek compensation if they are less than 51 percent to blame. However, if the court finds an injury victim more than 51 percent at fault, they will be barred from recovering any compensation.

Parties That Could Be Held Liable After a Truck Accident in Indiana 

Various individuals and entities may be liable for injuries and losses from a truck accident. A few examples of parties that might be at fault for an Indiana truck accident include:

• The truck driver – A truck driver can cause an accident due to negligent or reckless driving or other careless actions, such as failing to check and secure the cargo or driving beyond federal hours-of-service (HOS) limits.
• The trucking company – A trucking company may be vicariously liable for a truck accident caused by a negligent driver the company employs. If the driver is an independent contractor, the trucking company might be liable for a truck accident based on its own negligence if it negligently hired, trained, or supervised the truck driver or ordered the driver to engage in careless or reckless driving.
• The owner of the truck and trailer – A truck or trailer owner may bear responsibility for a truck crash due to a mechanical failure in the vehicle caused by inadequate maintenance.
• The truck manufacturer – The manufacturer of the truck or trailer or a manufacturer of a component used on the truck or trailer might bear liability for an accident caused by a mechanical failure resulting from a design or manufacturing defect in the vehicle or one of its parts.
• The maintenance company – A repair shop or truck mechanic hired by the truck and trailer owner to maintain and repair the vehicle might bear responsibility for an accident if the vehicle suffers a mechanical issue due to negligent maintenance or repair work by the shop.
• The loading company – A cargo or shipping company might be liable for a truck accident resulting from an unsafe truck or trailer load. Unsafe loads may include cargo weight that exceeds the truck or trailer’s hauling capacity, unbalanced weight that may make the truck top-heavy, or unsecured cargo items that can shift during travel and make the rig unstable.
• Another driver – Another negligent driver could also be liable for a truck accident. For example, if another driver cuts off a tractor-trailer on the highway, the truck driver may need to swerve or slam on the brakes to avoid a collision, which might cause the truck to jackknife or veer out of control.

Gathering Evidence to Determine Liability After a Truck Accident

Our attorneys know how hard trucking companies and insurers will fight to avoid liability for the injuries and losses victims suffer in truck accidents. Our firm thoroughly investigates every truck accident we handle to recover all available evidence that might help prove liability for a crash.

Some examples of evidence we frequently use to determine liability and prove fault after truck accidents include:

• The truck driver’s hours of service (HOS) logs
• The truck’s event data recorder (black box) logs
• The truck’s cargo manifest
• The truck driver’s post-trip inspection reports
• The trucking company’s dispatch logs
• The truck’s maintenance and repair records
• The truck driver’s drug and alcohol test results
• The truck driver’s driving and employment records
• The truck driver’s cell phone logs and GPS records
• Dashcam or in-cab camera videos
• Surveillance and traffic camera footage of the crash
• Accident scene photos and videos
• Post-accident vehicle inspections and repair records
• Eyewitness testimony
• Accident reconstruction, vehicle engineering, or trucking industry safety experts who can provide opinion reports and testimony

Contact Our Experienced Truck Accident Attorneys in Indiana 

If you’ve been hurt in a truck accident and need help determining who is liable for your injuries and proving fault, let the truck accident attorneys at Craig, Kelley & Faultless LLC help you pursue financial relief and accountability.

Contact our firm today for a free, no-obligation consultation to discuss your legal options with an experienced truck accident attorney in Indiana.