Lake Station, Indiana – Truck Accident Lawyer - Truck Accident Attorney – Serious Injury – Death Cases
A collision between a car and a semi-tractor trailer, also known as a big rig or an 18-wheeler, can be a catastrophic event. The force of the impact from a truck can be much greater than that of a passenger car due to the sheer size and weight of the truck.
In this type of collision, the car is often severely damaged, and the passengers may suffer serious injuries or even death. The impact can cause the car to spin out of control or be pushed off the road, causing further damage and injury. The truck driver may also be injured, although they are more likely to survive due to the safety features and size of the truck.
Determining fault in a car and truck collision can be complicated, as there may be multiple factors involved. Some common causes of these types of accidents include:
- Driver error: This can include distracted driving, fatigue, speeding, or driving under the influence of drugs or alcohol.
- Mechanical failure: If the truck’s brakes, tires, or other parts are not properly maintained, they can fail and cause an accident.
- Weather conditions: Rain, snow, and ice can make driving more hazardous and increase the risk of an accident.
- Road conditions: Poorly maintained roads, construction zones, or other hazards can contribute to an accident.
To determine fault, investigators will review the evidence, including witness statements, police reports, and any available video footage. Expert witnesses may also be called upon to provide insight into the cause of the accident.
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.
To make a recovery, the injured party must typically prove that the trucking company was at fault for the collision and that their negligence or recklessness caused the injuries. This often requires a thorough investigation of the accident, including an analysis of police reports, witness statements, and physical evidence.
Additionally, trucking companies are subject to federal and state regulations that govern their operations, and it may be necessary to demonstrate that they violated these regulations, such as the Federal Motor Carrier Safety Regulations, in order to hold them responsible for the accident. The injured party may also need to work with medical experts to establish the extent of their injuries and the necessary medical treatment and costs.
It can be difficult to make a recovery from a trucking company for injuries sustained in a collision. Trucking companies are often well-funded and have experienced legal teams that work to minimize the company’s liability and damages in the event of a collision. Additionally, trucking accidents can be complex and involve a variety of factors, such as federal and state regulations, insurance policies, and the actions of multiple parties. As a result, it’s important for those seeking to recover damages from a trucking company to have experienced legal representation like the Gladish Law Group to help navigate the legal process and build you a strong case.
However, 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 Lake Station, 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.
Lake Station Ordinance Section 8-87 – Load restrictions for vehicles states:
(a) Load restrictions for vehicles shall be posted as required by the board of public works and safety for reasons of safety on public highways and bridges.
(b) When signs are erected giving notice of load restrictions, no person shall operate any vehicle with a gross weight in excess of the amounts specified, at any time upon any roadway except when making a delivery or pickup.
Lake Station Ordinance Section 8-88 – Restricted use of city roads for commercial vehicles states:
(a) Commercial vehicles exceeding ten thousand (10,000) pounds gross combined vehicle weight are not permitted to travel on any city streets, except as follows:
(1) Commercial vehicles exceeding ten thousand (10,000) pounds gross combined vehicle weight shall be permitted to use any of the city’s streets for the purpose of delivering or picking up materials or merchandise or for conducting any legitimate commercial business in the City of Lake Station.
(2) This section shall not apply to city vehicles, school buses, passenger buses and agricultural vehicles.
(3) A person who violates this section commits a Class C Infraction.
Lake Station Ordinance Section 8-89 – Restrictions on certain vehicles during certain hours states:
Except on state highways or state-controlled highways, no commercial vehicle with a combined gross vehicle weight in excess of ten thousand (10,000) pounds shall be operated in any residential district in the city between the hours of 9:30 p.m. and 7:00 a.m. except as permitted by section 8-100 of the traffic code.
Injuries and Damages from Truck Accident cases – Lake Station, 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 following are some of the elements of damage that can be recoverable in a personal injury case:
- Medical expenses: This includes the cost of medical treatment, including hospitalization, surgery, medication, rehabilitation, and other related expenses.
- Lost wages: If the injured person is unable to work due to their injuries, they may be able to recover the wages they would have earned during that time.
- Property damage: If the accident resulted in damage to the victim’s property, such as their car or personal belongings, they may be able to recover the cost of repairs or replacement.
- Pain and suffering: This refers to the physical and emotional pain and suffering that the victim experienced as a result of the accident.
- Disability and disfigurement: If the victim suffered a permanent disability or disfigurement as a result of the accident, they may be able to recover damages for these losses.
- Loss of consortium: If the injury caused the victim’s spouse to lose the ability to enjoy their relationship in the same way as before the injury, they may be able to recover damages for loss of consortium.
It’s important to note that the specific damages recoverable in a personal injury case can vary depending on the circumstances of the case. Working with an experienced personal injury attorney can help victims understand their legal options and pursue the compensation they deserve.
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.
It is also important to note that Indiana operates under a modified comparative fault system. This means that if the plaintiff is found by the jury to be partially at fault for the accident that caused the injury, the damages recoverable will be reduced by the percentage of fault assigned to the plaintiff. If the plaintiff is found to be more than 50% at fault, they may not recover damages at all.
Truck Accidents – Federal Motor Carrier Safety Act – Lake Station, 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 in Lake Station, Indiana, as it does throughout the United States. The FMCSA is a federal law that regulates the safety and operation of commercial motor vehicles (CMVs), including semi-trucks, buses, and other large vehicles that travel across state lines.
Under the FMCSA, trucking companies and their drivers must adhere to strict safety regulations regarding hours of service, vehicle maintenance, driver training and qualifications, and more. The FMCSA also establishes requirements for recordkeeping, inspections, and enforcement.
If a semi-truck is involved in an accident in Lake Station, the FMCSA may come into play in several ways. For example, if the truck driver was found to have violated FMCSA regulations at the time of the accident, this could be used as evidence of negligence in a personal injury lawsuit against the trucking company. Additionally, if the trucking company was found to have violated FMCSA regulations, it could be subject to fines or other penalties.
It’s important to note that while the FMCSA sets minimum safety standards for CMVs, many states have additional regulations that apply to trucking companies and their drivers. Therefore, it’s essential to work with an experienced attorney like the Gladish Law Group who is familiar with both federal and state trucking laws if you are involved in a trucking accident in Lake Station or elsewhere in Indiana.
Truck Accidents – Expert Witnesses – Lake Station, Indiana:
Expert witnesses can play a critical role in helping to establish liability and damages in a trucking accident case, and can help to make a strong recovery more likely. Some types of expert witnesses that may be necessary in a trucking accident case include:
- Accident reconstruction experts: These experts use specialized training and tools to investigate the accident scene, analyze the evidence, and reconstruct the events leading up to the crash. They can help to determine how the accident occurred and who was at fault.
- Medical experts: Medical experts can provide testimony about the nature and extent of the injuries suffered by the victim, the treatment that was required, and the long-term impact of the injuries on the victim’s life. They can also testify about the cost of medical care and other related expenses.
- Trucking industry experts: These experts can provide insight into industry standards and practices, and can help to determine whether the trucking company and/or driver acted negligently or violated any regulations or safety standards.
- Economic experts: Economic experts can provide testimony about the financial impact of the accident on the victim’s life, including lost wages, loss of earning capacity, and other economic losses.
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 Lake Station 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 Lake Station, Indiana
Lake Station is a small city located in northwestern Indiana, United States, in Lake County. It is situated between the cities of Gary and Portage and is approximately 35 miles southeast of Chicago, Illinois. The city covers an area of about 7.5 square miles and has a population of around 12,000 people.
Lake Station was founded in 1852 and grew rapidly during the late 19th and early 20th centuries due to its location along several railroad lines. Today, the city is primarily a residential community, with a mix of single-family homes, apartments, and small businesses.
Despite its relatively small size, Lake Station offers several recreational opportunities for residents and visitors. The city operates several parks and athletic fields, including Riverview Park, which features a playground, basketball court, and picnic shelter. Lake Station is also home to Deep River Waterpark, a popular water park with slides, pools, and other attractions.
Lake Station is located near several major highways, including Interstate 80/94 and the Indiana Toll Road, which makes it a hub for truck traffic. The city is also home to a Norfolk Southern rail yard and several industrial parks, which contribute to the local economy. Interstate 80/94 is a major east-west route that connects Chicago, Illinois with several cities in Indiana, including Gary, Hammond, and South Bend. This highway sees a high volume of commercial truck traffic due to its importance as a major shipping and transportation route.
U.S. Route 6 is another major highway that runs through Lake Station, connecting the city with several other towns in the area. This highway also sees a significant amount of truck traffic, as it provides a convenient route for commercial vehicles traveling to and from local businesses and industrial areas.
Finally, Indiana State Road 51 is a north-south highway that runs through Lake Station and connects it with other cities in the region, including Hobart, Merrillville, and Hebron. This highway is also heavily used by commercial trucks, particularly those transporting goods to and from local manufacturing and distribution centers.
Overall, the high volume of truck traffic on these highways can increase the risk of truck accidents in and around Lake Station.