Hobart, Indiana – Truck Accident Lawyer - Truck Accident Attorney – Serious Injury – Death Cases
A collision between a car and a truck can be a serious and dangerous event due to the significant size and weight of commercial trucks. Here is a possible scenario for a collision between a car and a truck:
Let’s say a car is traveling on a two-lane road, and a semi-truck is approaching from the opposite direction. Suddenly, the driver of the car loses control of their vehicle and veers into the path of the oncoming truck. The truck driver attempts to swerve to avoid the car but is unable to do so in time, resulting in a collision.
The impact of the collision can cause significant damage to both vehicles. The car may be crushed or severely damaged, while the truck may suffer damage to its cab or trailer. The force of the impact can also cause injuries to the occupants of both vehicles, including whiplash, broken bones, or more severe injuries such as traumatic brain injury.
In addition to physical injuries, a collision between a car and a truck can also have emotional and financial consequences for those involved. Victims may experience emotional trauma or require long-term medical care, which can result in significant medical bills and lost income due to time away from work.
Investigating the cause of the collision may involve analyzing factors such as driver negligence, distracted driving, vehicle maintenance issues, or environmental factors such as weather conditions. If the truck driver is found to be at fault for the collision, the victim may be able to seek compensation for their damages through a personal injury lawsuit.
Recovering compensation from a trucking company can be a complex process, but it is possible to make a recovery if you have been injured in a trucking accident. The following factors can impact the difficulty of making a recovery against a trucking company:
- Liability: Determining liability in a trucking accident can be complicated. There may be multiple parties involved, including the driver of the truck, the trucking company, the manufacturer of the truck or its parts, and others. In some cases, it may be difficult to prove who was at fault for the accident.
- Regulations: The trucking industry is heavily regulated, and there are numerous federal and state regulations that govern trucking companies and their drivers. These regulations can impact liability in a trucking accident, and violations of these regulations can be used as evidence in a personal injury lawsuit.
- Insurance: Trucking companies are required to carry insurance to cover accidents and injuries. However, insurance companies may be reluctant to pay out large settlements, and may engage in tactics to minimize the amount of compensation they pay.
- Evidence: Gathering evidence to support a personal injury claim can be difficult. This may include obtaining witness statements, reviewing police reports, and examining physical evidence such as the vehicles involved in the accident.
Overall, making a recovery against a trucking company can be challenging, but it is possible with the help of an experienced personal injury attorney who is knowledgeable about trucking regulations and has experience in trucking accident cases. Gladish Law Group will investigate the accident, gather evidence, and negotiate with insurance companies to ensure that you receive the compensation you deserve for your injuries and damages. Many of these case after they are fully developed settle at mediation.
Truck Driver’s Duty of Care to the motoring public in Hobart, 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.
Hobart ordinance § 70.08 entitled “TRUCKS” states the following:
(1) All trucks and/or trailers are prohibited from operating on any city street not a state highway if their gross weight exceeds 11,000 pounds. For the purposes of this section, the weight of a truck and/or trailer shall be that licensed officially by the state for license plate purposes and, if the truck and/or trailer is not officially licensed, then at the weight it should have been licensed.
(2) This section shall not apply to delivery or pickup of goods within the city or the legal performance of work within the city. This section shall also not apply to emergency or on-call dispatched vehicles by the Police and/or Fire Departments for the purpose of protecting the public health, safety or welfare of the citizens of Hobart. Also, this section shall not apply to recreational vehicles.
(B) Route designation.
(1) A truck route for State Road 51 be and the same is established. The truck route shall be described as follows: Beginning at the intersection of Third and Main Streets, on Main
Street in a northwesterly direction to North Lake Park Avenue, then north on North Lake Park Avenue to U.S. 6.
(2) The truck route for State Route 51, as established in this section, shall not be incorporated into the state highway system, but shall remain the responsibility of this city.
(C) Parking restrictions. The Chief of Police is authorized to designate, with the approval of the Common Council, boulevards or other streets on which trucks are prohibited. When signs are in place giving notice thereof, no truck shall be operated on any such street.
Injuries and Damages from Truck Accident cases – Hobart, 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 the State of Indiana, the elements of damages recoverable for personal injuries can include:
- Medical expenses: Victims of personal injuries can recover compensation for the medical expenses they incurred as a result of their injuries. This can include hospital bills, doctor’s fees, prescription costs, and other medical expenses.
- Lost wages: Victims of personal injuries may be entitled to recover compensation for lost wages and lost earning capacity. This can include wages that were lost due to time off work, as well as future earning capacity that may be affected by the injuries.
- Pain and suffering: Victims of personal injuries can recover compensation for physical pain and emotional suffering caused by their injuries. This can include compensation for the physical pain and discomfort, as well as the emotional distress and mental anguish resulting from the injury.
- Property damage: Victims of personal injuries can recover compensation for damage to their property, such as their car, that was caused by the accident.
- Punitive damages: In certain cases, victims of personal injuries may be entitled to recover punitive damages. Punitive damages are intended to punish the wrongdoer for particularly egregious conduct, such as reckless or intentional behavior.
It’s important to note that the amount of damages that can be recovered in a personal injury case can vary depending on the specific facts and circumstances of the case. An experienced personal injury attorney like the Gladish Law Group ensures that victims understand their legal options and the damages that may be available in their case.
Further, 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 – Hobart, 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) is a federal law that applies to all states in the United States, including the City of Hobart, Indiana. The FMCSA regulates commercial motor carriers and drivers to ensure that they operate safely on public roads.
Some of the key provisions of the FMCSA include:
- Driver qualifications: The FMCSA sets minimum requirements for driver qualifications, including age, experience, and physical and medical qualifications. It also requires that drivers undergo regular drug and alcohol testing.
- Hours of service: The FMCSA sets limits on the number of hours that drivers can work and requires them to take rest breaks to prevent fatigue.
- Vehicle maintenance: The FMCSA requires that commercial vehicles undergo regular inspections and maintenance to ensure that they are safe to operate.
- Recordkeeping and reporting: The FMCSA requires that carriers and drivers keep detailed records of their activities, including hours of service, vehicle maintenance, and other important information.
- Safety ratings: The FMCSA assigns safety ratings to carriers based on their compliance with safety regulations and their accident history.
In the City of Hobart, Indiana, the FMCSA applies to all commercial motor carriers and drivers operating on public roads. Local law enforcement and state agencies are responsible for enforcing the FMCSA regulations and ensuring that carriers and drivers comply with them. Violations of the FMCSA can result in fines, penalties, and even the revocation of a carrier’s operating authority.
These are just a few examples of the many requirements of the FMCSA rules. The FMCSA regulations are designed to promote safety on the nation’s highways and reduce the risk of accidents involving commercial motor vehicles.
Truck Accidents – Expert Witnesses – Hobart, 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.
Expert witnesses can play a crucial role in trucking accident cases. These individuals have specialized knowledge and expertise in areas relevant to the case, and they can provide testimony and evidence to help establish liability and damages.
Some examples of expert witnesses commonly used in trucking accident cases include:
- Accident reconstruction experts: These experts use their knowledge of physics, engineering, and other fields to analyze the accident and reconstruct what happened. They can help determine factors such as the speed of the vehicles, the point of impact, and the cause of the accident.
- Medical experts: In cases involving injuries, medical experts can provide testimony about the victim’s injuries, treatment, and prognosis. They can also help establish the cost of medical care and other related expenses.
- Trucking industry experts: These experts have knowledge of the trucking industry, including regulations and standard practices. They can provide testimony about whether the trucking company or driver violated industry standards, and whether this contributed to the accident.
- Human factors experts: These experts study human behavior and can provide insight into why the accident occurred. They can analyze factors such as driver fatigue, distraction, and impairment, and determine whether these played a role in the accident.
- Vocational experts: In cases involving lost wages or earning capacity, vocational experts can provide testimony about the victim’s job skills, employment history, and potential future earnings.
Working with experienced attorneys who have access to a network of qualified expert witnesses can help ensure that all relevant evidence is considered and presented effectively in a trucking accident case. Working with an experienced attorney like the Gladish Law Group who have access and experience with a network of expert witnesses which increases the likelihood of a successful outcome in your case.
How a Hobart 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 Hobart, Indiana
Hobart is a city located in Lake County, Indiana, in the northwest part of the state. As of the 2020 census, the population of Hobart was estimated to be around 28,000 people. The City of Hobart is known for its historic downtown area, which features a number of small businesses, restaurants, and shops. The city is also home to a number of parks and recreational areas, including Lake George, which is a popular spot for fishing and boating. Hobart is also home to several cultural and entertainment venues, including the Hobart Art Theatre, which is a historic movie theater that has been in operation since the 1920s. The city hosts a number of events throughout the year, including the Hobart Lakefront Festival, which is held annually in August. This makes it an important transportation hub in the region. The city has a diverse economy, with a mix of manufacturing, retail, and service industries. Major employers in Hobart include St. Mary Medical Center, Strack & Van Til, and the City of Hobart itself.
Hobart is also home to several cultural and entertainment venues, including the Hobart Art Theatre, which is a historic movie theater that has been in operation since the 1920s. The city hosts a number of events throughout the year, including the Hobart Lakefront Festival, which is held annually in August.
The City of Hobart, Indiana, is also located near several major highways, including Interstate 65, which runs north-south through the city, and the Indiana Toll Road, which runs east-west. These highways are major transportation corridors for commercial trucking, and as a result, there is a significant amount of truck traffic in and around Hobart. The city is also home to several industrial and manufacturing facilities, which often require the use of large trucks and other commercial vehicles for shipping and transportation. These facilities include companies such as NiSource, a natural gas company, and MonoSol, a manufacturer of water-soluble films.
In addition, Hobart is located near the Port of Indiana-Burns Harbor, which is a major shipping hub for the Great Lakes region. The port handles a significant amount of cargo each year, much of which is transported by commercial trucks. While truck traffic can provide economic benefits to the city, it can also create challenges for local residents and businesses. For example, heavy truck traffic can contribute to traffic congestion, noise pollution, and air pollution. The city has taken steps to address these issues, including implementing traffic management strategies and working with local businesses to encourage the use of alternative transportation modes such as rail and barge.