St. John, Indiana – Truck Accident Lawyer - Truck Accident Attorney – Serious Injury – Death Cases
A collision between a car and a semi-tractor trailer can be a serious and often catastrophic event due to the significant difference in size and weight between the two vehicles. The impact of such a collision can result in severe injuries or fatalities to the occupants of the car.
Some of the common causes of car and semi-tractor trailer collisions include:
- Driver fatigue or distraction
- Speeding or reckless driving by either party
- Poor weather conditions or visibility
- Equipment failure or maintenance issues
- Improper loading or securing of cargo
- Failure to yield the right of way
- Driving under the influence of drugs or alcohol
In such collisions, the car driver or passengers may sustain severe injuries like traumatic brain injury, spinal cord injury, broken bones, lacerations, internal injuries, or even death. The damages suffered by the victims may include medical expenses, lost wages, pain and suffering, emotional distress, and property damage.
It is important to note that trucking companies and their insurance providers will often work to limit their liability and minimize the amount of compensation they pay to victims. As a result, it can be challenging to recover damages from a trucking company without the assistance of experienced legal counsel like the Gladish Law Group.
Also, determining liability in a collision between a car and a semi-tractor trailer can be complex, as there may be multiple parties involved, including the driver of the truck, the trucking company, and other parties responsible for the maintenance and operation of the truck. In addition, there may be questions of compliance with federal and state regulations governing the trucking industry, such as the Federal Motor Carrier Safety Regulations.
There are several reasons why it can be difficult to make a recovery from a trucking company for personal injuries:
- Insurance companies: Trucking companies typically have large insurance policies to cover accidents and injuries. However, the insurance companies that represent the trucking companies are often focused on minimizing payouts and protecting their bottom line. They may attempt to deny claims or offer settlements that are less than what an injured person deserves.
- Complex regulations: The trucking industry is heavily regulated, and there are many federal and state laws that govern trucking companies’ operations. These regulations can be complex, and it may be difficult for an injured person to navigate them on their own.
- Aggressive legal representation: Trucking companies often have teams of lawyers who are experienced in defending against personal injury claims. These lawyers may aggressively fight claims and attempt to shift blame onto the injured person.
- Difficulty proving liability: Trucking accidents can be complex, and it may be difficult to prove liability. This is especially true in cases where multiple parties may be at fault, such as the truck driver, the trucking company, or a third-party maintenance provider.
Overall, recovering damages from a trucking company for personal injuries can be challenging. It is important to work with experienced legal representation who understands the nuances of the trucking industry and can fight for your rights and fair compensation. With the help of a skilled personal injury attorney like the Gladish Law Group who is familiar with the trucking industry and the applicable regulations, it is possible to build a strong case and pursue fair compensation for damages, including medical expenses, lost wages, and pain and suffering. It is important to act quickly after a trucking accident to preserve evidence and gather witness statements, as this can help strengthen your case and increase the chances of a successful recovery.
Truck Driver’s Duty of Care to the motoring public in St. John, Indiana:
There are certain jury instructions that the trial court judge will give to the jury as it relates to the obligations of a truck driver and the trucking companies when they are operating on the roads in the State of Indiana. These jury instructions provide attorneys the necessary information on standards of conduct while presenting our client’s case to a jury. The trial court judge will instruct the jury that, “every motor vehicle driver must use ordinary care that a person would use under the same or similar circumstances. Drivers who do not use reasonable care are negligent.” The trial court judge will also instruct the jury as to truck driver’s duty of maintaining a proper lookout while operating their commercial motor vehicle which is that, “every driver must maintain a proper lookout to see or hear what should be seen or heard through the exercise of reasonable care.
St. John Ordinance G.3 TRAILERS states:
Trailers are prohibited from parking on a public street except when loading and unloading goods or materials, and then for a period not to exceed four (4) hours in any day, unless a permit has been issued. When parked on a public street, trailers must be safely hitched to a towing vehicle with the trailer’s wheels blocked on all sides to prevent rolling. For purposes of this sub-section only, the maximum allowable length along a street, of the trailer and towing vehicle combined, shall not exceed thirty-three feet (33’). Trailers in use for moving into or out of the premises may be parked on a public street for a maximum of twelve (12) hours in any day, unless a permit has been issued.
St. John Ordinance G.4 SEMI TRACTORS AND TRAILERS states:
Unless a permit is issued, semi tractors, with or without their trailers, are prohibited from parking on any public street, except: while loading or unloading goods or materials, for a period not to exceed four (4) hours in any day; and while in use for construction or moving into or out of a premises, for a period not to exceed twelve (12) hours in any day. Overnight parking of semi tractors, with or without their trailers, is permitted only in industrial zoning districts and in commercial zoning districts designated as a truck stop. Overnight parking of such vehicles in other zoning districts, and under other circumstances, is allowable only with a permit.
St. John Ordinance G.7 COMMERCIAL VEHICLES states:
This Section applies to any Vehicle used for commercial purposes, which is in excess of twenty-two (22’) long, seven feet (7’) wide, or seven feet (7’) high. Unless a permit has been issued, the Vehicles used for commercial purposes may park on any public street or paved driveway in a residential zoning district only: while loading and unloading deliveries or materials, for a period not to exceed four (4) hours in any day; or while in use for construction on the premises, for a period not to exceed twelve (12) hours in any day. Notwithstanding the foregoing provisions, a pick-up truck with an attached snow plow may park on a private driveway providing the vehicle does not exceed twenty-five feet (25’) in overall length. Vehicles used for commercial purposes may be parked anywhere on a lot, except the unpaved public right-of-way or a sidewalk while construction of a new structure is in process if no prior occupancy permit has been issued for that lot.
Injuries and Damages from Truck Accident cases – St. John, Indiana:
The Gladish Law Group is focused on maximizing the money our clients receive for truck accident claims. Knowing the medicine and what are expected results for certain injuries including what are the long-term health problems associate with such injuries is key to maximizing any monetary recovery. If you have a disc in jury, closed head injury, broken bones, whip lash injury to your neck, cervicogenic headaches, radiculopathy, nerve trauma/injury and so on, the Gladish Law Group knows how to present these claims so that the insurance company fully understands that damage you have sustained and your need for monetary compensation.
In a trucking accident, the injuries and damage recovery elements can vary depending on the circumstances of the accident. Here are some of the key factors that may come into play:
- Liability: In any accident, it is important to determine who was at fault. If the truck driver or their employer was negligent or violated traffic laws, they may be liable for the damages.
- Injuries: Trucking accidents can result in serious injuries, such as broken bones, spinal cord injuries, traumatic brain injuries, and more. The extent of the injuries will impact the recovery elements, including medical bills, lost wages, and pain and suffering.
- Property damage: Accidents involving large commercial trucks can cause significant property damage to other vehicles, buildings, and infrastructure. The cost of repairing or replacing the damaged property can be a major factor in the recovery.
- Insurance: Trucking companies are required to carry liability insurance, which can provide coverage for damages and injuries sustained in an accident. However, the amount of insurance coverage may vary depending on the specific policy.
- Legal representation: In many cases, it is advisable to seek legal representation to ensure that your rights are protected and that you receive fair compensation for your injuries and damages.
Overall, recovering damages for injuries and property damage resulting from a trucking accident can be a complex process, involving multiple parties and legal considerations. It’s important for those involved in such an accident to seek the advice of a qualified attorney and work closely with their insurance provider to ensure that their rights are protected and that they receive the compensation they deserve.
It can be difficult to make a recovery from a trucking company for personal injuries in a truck accident for several reasons:
- Complex liability: Truck accidents often involve multiple parties, including the truck driver, the trucking company, and potentially other drivers or companies. Determining who is at fault and responsible for paying damages can be complex and may require an extensive investigation.
- High stakes: Trucking companies are often large corporations with significant resources and experienced legal teams. They may try to avoid liability or minimize damages in order to protect their bottom line.
- Federal regulations: Trucking companies are subject to a range of federal regulations, including those related to driver training, hours of service, and vehicle maintenance. However, enforcing these regulations and holding companies accountable for violations can be challenging.
- Insurance coverage: Trucking companies are required to carry liability insurance, but the coverage limits may not be sufficient to cover all of the damages in a serious accident. Additionally, insurance companies may try to avoid paying out claims or offer low settlements to accident victims.
- Serious injuries: Truck accidents can cause serious and life-changing injuries, which may require extensive medical treatment and ongoing care. This can result in high medical bills and lost wages, making it even more important to recover full and fair compensation.
Due to these challenges, it’s important for anyone who has been injured in a truck accident to work with an experienced personal injury attorney like the Gladish Law Group who will navigate you through legal process, investigate the accident, and fight for fair compensation.
The specific damages that a victim may be able to recover will depend on the circumstances of their case, including the severity of the injuries, the nature of the collision, and the actions of the truck driver and trucking company. Working with an experienced personal injury attorney like the Gladish Law Group to help you understand your rights to ensure you get full compensation for the negligent conduct of the truck driver.
Truck Accidents – Federal Motor Carrier Safety Act – St. John, Indiana:
Knowing the trucking regulations and trucking industry practices are necessary knowledge for an attorney to effectively handle a serious trucking collision and ensure the monetary recovery for our clients is maximized. Without an effective knowledge of these trucking regulations as well as having experience in handling trucking litigation, attorneys that attempt to practice in this area are doing their clients a disservice.
The Federal Motor Carrier Safety Act (FMCSA) applies to all commercial motor vehicles (CMVs) engaged in interstate commerce, including those operating in the town of St. John, Indiana. This means that any trucking company that operates CMVs that travel across state lines or transport goods or passengers between states must comply with FMCSA regulations.
Some of the key FMCSA regulations that apply to trucking companies in St. John and elsewhere include:
- Hours of service: FMCSA regulations limit the number of hours a truck driver can work and require rest breaks to ensure that drivers are not fatigued on the road.
- Vehicle maintenance and inspection: Trucking companies are required to maintain their vehicles and conduct regular inspections to ensure that they are in safe operating condition.
- Driver qualifications: FMCSA regulations set minimum standards for driver qualifications, including training, experience, and medical fitness.
- Drug and alcohol testing: Trucking companies must conduct drug and alcohol testing on drivers and maintain a drug and alcohol testing program in compliance with FMCSA regulations.
- Recordkeeping: Trucking companies must keep detailed records of driver qualifications, vehicle maintenance and inspections, and hours of service.
Overall, the FMCSA regulations are designed to promote safety on the nation’s highways and reduce the risk of accidents involving commercial motor vehicles. Trucking companies operating in St. John and elsewhere must comply with these regulations to ensure the safety of their drivers, other motorists, and pedestrians.
Truck Accidents – Expert Witnesses – St. John, Indiana:
Expert witnesses are often necessary in a personal injury case involving a semi-truck and trucking company to establish liability and damages. Here are a few examples of the types of expert witnesses that may be necessary:
- Accident reconstructionist: An accident reconstructionist is an expert who can examine the evidence at the scene of the accident and use it to reconstruct the events leading up to the crash. This expert can help establish liability by determining factors such as vehicle speed, distance between vehicles, and any other factors that may have contributed to the accident.
- Medical expert: A medical expert can provide testimony regarding the nature and extent of the plaintiff’s injuries, as well as the expected course of treatment and any long-term effects of the injuries. This expert can also help establish the damages that the plaintiff has suffered as a result of the accident.
- Trucking industry expert: A trucking industry expert can provide testimony regarding industry standards and best practices. This expert can help establish whether the trucking company followed proper procedures and regulations, and whether any violations of industry standards contributed to the accident.
- Economic expert: An economic expert can provide testimony regarding the financial impact of the accident on the plaintiff. This expert can help establish the damages the plaintiff has suffered, including lost wages, medical expenses, and future financial losses related to the injuries.
Overall, the need for expert witnesses in a semi-truck car collision case depends on the specific circumstances of the case and the issues involved. It’s essential to work with experienced legal counsel like the Gladish Law Group who has access to the necessary experts to present a strong case on your behalf. Expert witnesses can help strengthen a case by providing objective and fact-based testimony that supports the plaintiff’s position. They can also help explain complex technical or medical issues in a way that is easily understandable to a judge or jury. However, expert witnesses can be expensive, and their testimony can be challenged by the defense. It’s important to work with experienced attorneys like the Gladish Law Group who have a network of reliable and qualified expert witnesses to support the case.
How a St. John Truck Accident Attorney Can Help with Your Truck Accident Injury Claim
If you, or a loved one, has suffered an injury or death due to the negligence of a truck driver and that driver’s company, it is important that you seek the advice of a qualified lawyer who understands the law and possesses the skill to ensure that you get justice you deserve for your loss. Do not waste your one and only opportunity to receive just compensation for your injury case by hiring the wrong lawyer. Get a lawyer that is experienced, highly rated and certified to represent you and/or your family. Get Gladish.
About St. John, Indiana
St. John, Indiana is a town located in Lake County, in the northwest corner of the state and is about 30 miles southeast of Chicago. St. John covers an area of approximately 10 square miles and has a population of around 17,000 residents. St. John was originally settled by Dutch and German immigrants in the 1840s. It was named after St. John the Baptist and officially incorporated as a town in 1963.
St. John has several parks and recreational areas, including the St. John Park and Community Center, which features sports fields, playgrounds, and picnic areas. The town also has a network of hiking and biking trails, including the Erie Lackawanna Trail. St. John hosts several cultural events throughout the year, including the St. John Wine Festival and the St. John Oktoberfest. The town also has a farmers’ market that operates during the summer months.
St. John, Indiana, is situated along several major highways, which can lead to significant truck traffic in the area. Some of the highways and routes that run through or near St. John. Interstate 65 is a major north-south highway that runs through Indiana, connecting cities such as Gary, Indianapolis, and Louisville and is just to the west of St. John. U.S. Route 41 is a north-south highway that runs from Miami, Florida, to the Upper Peninsula of Michigan and runs through Indiana parallel to I-65 and passes through St. John. U.S. Route 30 is an east-west highway that runs across northern Indiana, connecting cities such as Fort Wayne and Merrillville passing just to the south of St. John. Finally, Indiana State Road 231 is a north-south state highway that runs from Crown Point to Rensselaer running through the center of St. John.
As a result of these highways and routes, St. John can experience significant truck traffic, particularly on major roads such as US-41 and SR-231. The town has taken steps to address traffic concerns, such as the construction of roundabouts and other traffic calming measures. However, truck traffic can still be a significant issue for residents and businesses in the area.