East Chicago, Indiana – Truck Accident Lawyer - Truck Accident Attorney – Serious Injury – Death Cases

A collision between a car and a semi-truck can be a serious and potentially deadly event. The sheer size and weight of a semi-truck can cause significant damage to a car, and the force of impact can cause severe injuries or fatalities to the occupants of the car.  In such an accident, the car is typically at a disadvantage, as it is smaller and lighter than the semi-truck. When a semi-truck collides with a car, the impact can cause the car to spin out of control, flip over, or become crushed under the weight of the truck.

The collision can occur in different ways, such as head-on, rear-end, or side-impact. The severity of the accident can depend on various factors, including the speed of the vehicles, the angle of impact, the size and weight of the vehicles, and whether any safety features, such as seat belts or airbags, were used by the car’s occupants.  In the aftermath of a car and semi-truck collision, emergency responders may need to extricate the car’s occupants from the wreckage, and they may require immediate medical attention. Investigations may also be conducted to determine the cause of the accident and whether any laws or regulations were violated by the truck driver or the car’s driver.  Further, the number of semi-tractor trails in the State of Indiana continues to increase along with the number of trucking companies and CDL drivers who simply should not be on our roads due to the fact they do business in an unsafe manner usually looking to put profits over safety.

Another issue for someone injured or killed in a truck collision is that getting fair compensation is very difficult without a skilled attorney like the Gladish Law Group on your side.  Recovering damages from a trucking company can be a complex and challenging process, and the difficulty can depend on several factors.

Firstly, trucking companies are often large corporations with considerable financial resources, legal teams, and insurance policies. They may be prepared to aggressively defend themselves against claims and may have the resources to do so. This can make it challenging for an individual or a small legal team to go up against a trucking company.

Secondly, trucking accidents can be complicated, and determining liability can be difficult. Many parties may be involved, including the driver, the trucking company, the owner of the truck or trailer, the manufacturer of the truck or its parts, and other third parties. It can be challenging to identify who is responsible for the accident and to gather evidence to support the claim.

Thirdly, trucking companies are subject to numerous federal and state regulations, and failure to comply with these regulations can lead to accidents. However, proving that a trucking company violated regulations or acted negligently can require significant resources, including expert witnesses, accident reconstruction, and legal expertise.

Despite these challenges, it is possible to make a recovery against a trucking company. Working with experienced law firm like the Gladish Law Group who has the resources and knowledge to handle truck accident cases can increase the likelihood of success. Additionally, trucking companies and their insurers may be more likely to settle a case if they are presented with compelling evidence of their liability, which can avoid the need for a trial.

East Chicago ordinance § 71.070 entitled “TRUCK ROUTES” states:

(A) The City Council may from time to time designate certain streets or portions thereof as truck

routes. When the truck routes have been established, no driver of a truck shall proceed except in

accordance with instructions given on the signs denoting the truck routes.

(B) A schedule of the streets is maintained in the office of the City Clerk.

East Chicago ordinance § 71.071 entitled “TRUCKS PASSING EACH OTHER” states:

Trucks shall not pass each other on streets or parts of street when signs prohibiting the same are posted.

East Chicago ordinance § 71.072 entitled “TRUCKS AND HEAVY OR SLOWER MOVING VEHICLES” states:

On all streets, trucks and heavy and slower moving vehicles, so far as conditions will permit, shall keep to the right and as close to the curb as possible.

Truck Driver’s Duty of Care to the motoring public in East Chicago, 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.

Injuries and Damages from Truck Accident cases – East Chicago, 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 Indiana, the elements of damages available in a wrongful death case involving a truck can include:

• Funeral and burial expenses: The plaintiff may be entitled to recover the reasonable expenses incurred for the deceased person’s funeral and burial.
• Medical expenses: The plaintiff may be able to recover the reasonable medical expenses incurred by the deceased person before death as a result of the injury or illness that led to their death.
• Lost income and benefits: The plaintiff may be able to recover the amount of income and benefits the deceased person would have earned had they lived. This includes future earnings, as well as any pension, retirement, or other benefits that the deceased person would have received.
• Loss of companionship and consortium: The plaintiff may be able to recover damages for the loss of the deceased person’s companionship, love, and affection.

It’s worth noting that damages awarded in a wrongful death case may vary depending on the circumstances of the case, including the relationship between the deceased person and the plaintiff, the defendant’s conduct, and the amount of economic and non-economic damages suffered by the plaintiff. It’s best to consult with a qualified personal injury attorney like the Gladish Law Group for guidance on the specifics of your case.

Indiana also recognizes that a proper element of damage is the impairment of earning capacity which means the impairment of ability to engage in one’s vocation as distinguished from loss of earnings. The concept of impaired earning capacity involves more than mere proof of permanent injury and pain. There must be evidence of probative value which relates the injury to an inability to engage in one’s vocation. Like other damage issues this issue may be proven by both expert and non-expert testimony. The gist of the concept is the adverse effect on vocation. The basic measure of damages for impairment of lost earning capacity is the difference between the amount which the plaintiff was capable of earning before the injury and the amount which he is capable of earning thereafter.

Truck Accidents – Federal Motor Carrier Safety Act – East Chicago, Indiana:

The Federal Motor Carrier Safety Act (FMCSA) is a federal law that regulates commercial motor vehicles, including trucks and buses, to ensure safety on the roads. The FMCSA sets standards for driver qualifications, vehicle maintenance, hours of service, and other safety-related issues.

As a federal law, the FMCSA applies throughout the United States, including East Chicago, Indiana. This means that commercial motor vehicle operators, including trucking companies, drivers, and other entities involved in transportation, must comply with the FMCSA regulations when operating in East Chicago.

In East Chicago, as in other cities, FMCSA regulations are enforced by federal and state agencies, including the Federal Motor Carrier Safety Administration (FMCSA), the Indiana Department of Transportation (INDOT), and the Indiana State Police (ISP). These agencies are responsible for conducting inspections, investigations, and enforcing penalties for violations of FMCSA regulations.

Additionally, the City of East Chicago may have its own regulations related to commercial motor vehicles, such as truck size and weight restrictions, parking restrictions, and other local laws. Trucking companies and drivers must also comply with these regulations when operating in the city.  Overall, the FMCSA and other regulations play a critical role in ensuring the safety of the public and commercial motor vehicle operators in East Chicago and throughout the United States.

Examples of the requirements of the Federal Motor Carrier Safety Administration Rules are as follows:

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.

Here are some examples of the requirements set forth by the Federal Motor Carrier Safety Administration (FMCSA) rules:

1. Hours of Service (HOS) regulations: These rules specify how long commercial motor vehicle (CMV) drivers can drive and how much rest they must take between driving shifts. For example, drivers of property-carrying CMVs can drive up to 11 hours after 10 consecutive hours off duty and must take at least a 30-minute break after 8 hours of driving.
2. Driver qualifications: FMCSA rules specify minimum qualifications for drivers of CMVs, including age, experience, medical certification, and English proficiency.
3. Drug and alcohol testing: FMCSA rules require CMV drivers to undergo pre-employment drug and alcohol testing, as well as random testing during employment. These regulations also require trucking companies to have drug and alcohol testing policies in place.
4. Vehicle maintenance and inspections: FMCSA rules require trucking companies to inspect and maintain their vehicles regularly to ensure they are in safe operating condition. CMVs must undergo annual inspections, and drivers must conduct pre-trip inspections before each trip.
5. Electronic logging devices (ELDs): FMCSA rules require drivers to use ELDs to record their hours of service. These devices replace paper logbooks and help ensure compliance with HOS regulations.
6. Cargo securement: FMCSA rules require that all cargo transported on CMVs be properly secured to prevent shifting or falling off the vehicle.

These are just a few examples of the requirements set forth by the FMCSA rules. Compliance with these regulations is essential to ensure the safety of all road users and to prevent accidents involving commercial motor vehicles.

Truck Accidents – Expert Witnesses – East Chicago, Indiana:

Gladish Law Group employs high level experts who focus on trucking collision cases. Trucking accidents can be complex and involve multiple parties, including the truck driver, trucking company, and potentially other parties, such as cargo loaders, manufacturers, and maintenance companies. To effectively pursue a trucking accident case, you may need to retain various expert witnesses who can provide specialized knowledge and testimony related to the case. Here are some of the expert witnesses that may be required in a trucking accident case:

1. Accident Reconstruction Expert: An accident reconstruction expert can use physical evidence from the accident scene, such as skid marks and debris, to determine how the accident occurred and who was at fault.
2. Medical Expert: A medical expert can provide testimony about the extent of the injuries sustained in the accident, the medical treatment required, and the long-term effects of the injuries.
3. Trucking Expert: A trucking expert can provide testimony about industry standards and regulations, driver training, vehicle maintenance, and safety procedures to determine if the trucking company acted negligently.
4. Engineering Expert: An engineering expert can examine the truck and its components to determine if there were any defects or design flaws that contributed to the accident.
5. Financial Expert: A financial expert can help calculate the damages in the case, including medical expenses, lost wages, and other economic losses.
6. Human Factors Expert: A human factors expert can analyze driver behavior and performance, including factors such as fatigue, distraction, and impairment, to determine if the driver was at fault.

The specific expert witnesses required in a trucking accident case will depend on the facts and circumstances of the case. An experienced attorney can help identify the necessary experts and ensure they are properly retained to support your case.

How an East Chicago 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 East Chicago, Indiana

The City of East Chicago is a city located in the northwest corner of the state of Indiana in the United States. It is situated on the shore of Lake Michigan and is part of the Chicago metropolitan area.  East Chicago has a diverse population of around 28,000 residents and is known for its industrial history, particularly in the steel industry. In fact, the city is home to one of the largest integrated steel mills in North America, operated by ArcelorMittal.  The city has a number of neighborhoods, including the Eastside, Westside, and North Harbor, each with its own character and unique features. The Eastside is primarily residential, while the Westside is more commercial and industrial. North Harbor is a mix of residential and commercial areas and is home to the Ameristar Casino.

The City of East Chicago has several parks and recreational areas, including the Marina District, Jeorse Park Beach, and the East Chicago Golf Course. The city also has a number of cultural and historical landmarks, such as the Mark Town Historic District and the East Chicago Public Library.

Based upon its location, the City of East Chicago is located at a major crossroads of several highways and interstates, including I-80, I-94, and I-90, which can result in significant truck traffic through the city.  The city’s location near Lake Michigan and its industrial history have also made it a hub for shipping and transportation, which can further contribute to truck traffic. Additionally, as mentioned earlier, East Chicago is home to one of the largest integrated steel mills in North America, which requires regular transportation of raw materials and finished products, often by trucks.  However, it is worth noting that efforts are being made to manage truck traffic in the city and reduce its impact on local communities. The city has implemented truck route ordinances and other measures to improve safety and reduce congestion on local roads.