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

A collision between a car and a semi-truck can be a very serious and often catastrophic event due to the large size and weight of the truck. As the two vehicles collide, the impact can cause significant damage to both the car and the truck. The car may be crushed and mangled by the force of the collision, while the truck may sustain damage to its front end or sides.  The car’s occupants may be injured due to the force of the impact, and the severity of the injuries can range from minor cuts and bruises to more serious injuries such as broken bones, spinal cord injuries, or traumatic brain injuries.

In some cases, the car may become lodged under the truck’s trailer or may be pushed off the road, which can lead to additional injuries or damage to the car.  The truck driver may also be injured in the collision, especially if the truck overturns or jackknifes as a result of the impact.  Investigating the cause of the collision is critical in determining liability and identifying any contributing factors. Factors that can contribute to car-truck collisions include driver error, equipment failure, weather conditions, or poor road conditions.

If the car driver can prove that the truck driver was negligent or reckless in some way, such as driving while fatigued, distracted, or impaired, they may be able to recover damages from the trucking company or other parties responsible for the accident. However, trucking companies often have large insurance policies and teams of lawyers to defend against claims, so it’s important for the injured party to work with experienced attorneys to build a strong case.

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 unrepresented plaintiff 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 attorneys 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 jury trial.  Many of these case after they are fully developed settle at mediation.

Truck Driver’s Duty of Care to the motoring public in Merrillville, 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 – Merrillville, 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, plaintiffs who have been injured due to the negligence of a defendant may be entitled to recover damages for their injuries. The elements of damage recoverable for personal injuries in Indiana include:

1. Medical expenses: This includes the cost of medical treatment, hospitalization, medication, therapy, and other related expenses incurred due to the injury.
2. Lost wages and earning capacity: If the injured person is unable to work due to the injury, they may recover damages for lost wages and the reduction of their future earning capacity.
3. Pain and suffering: This includes physical pain, mental anguish, and emotional distress suffered due to the injury.
4. Permanent disability or disfigurement: If the injury results in a permanent disability or disfigurement, the injured person may recover damages for the loss of enjoyment of life and the impact on their future prospects.
5. Loss of consortium: If the injury has a significant impact on the injured person’s relationship with their spouse, the spouse may recover damages for loss of consortium.

In the State of Indiana, there is no cap on damages for personal injury cases. However, there are limits on punitive damages, which are intended to punish the responsible party for their conduct. Punitive damages are generally capped at three times the amount of compensatory damages or $50,000, whichever is greater.

To recover damages in a personal injury case in Indiana, the injured party must prove that the other party was negligent and that their negligence was the cause of the injury. It is essential to work with an experienced personal injury attorney who can help gather evidence and build a strong case to maximize the recovery of damages.

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 – Merrillville, 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.

Further, the Federal Motor Carrier Safety Administration (FMCSA) rules apply to commercial motor vehicles (CMVs) engaged in interstate commerce, which includes vehicles that transport passengers or cargo across state lines. Some of the requirements of the FMCSA rules include:

1. Hours of Service (HOS) Regulations: The FMCSA has established rules for how many hours commercial truck drivers can drive and work each day and week. These regulations are designed to prevent driver fatigue and reduce the risk of accidents caused by tired drivers.
2. Commercial Driver’s License (CDL): The FMCSA requires that commercial truck drivers obtain a CDL that certifies they have the knowledge and skills to operate a commercial vehicle safely.
3. Drug and Alcohol Testing: The FMCSA requires that all commercial drivers be tested for drugs and alcohol before they can be hired and at random intervals while employed. Employers must also conduct testing after accidents involving their drivers.
4. Vehicle Maintenance: The FMCSA requires that all commercial vehicles undergo regular inspections and maintenance to ensure they are in safe operating condition.
5. Electronic Logging Devices (ELDs): The FMCSA requires commercial drivers to use electronic logging devices (ELDs) to record their hours of service, which replaces the traditional paper logbooks.
6. Carrier Safety Ratings: The FMCSA assigns safety ratings to motor carriers based on their compliance with safety regulations, accident history, and other factors.
7. Cargo Securement: The FMCSA has established rules for securing cargo on commercial vehicles to prevent it from shifting or falling off during transport.

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 – Crown Point, 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 play a crucial role in trucking accident cases by providing specialized knowledge and expertise that can help determine liability and assess damages. Here are some examples of expert witnesses that may be involved in a trucking accident case:

1. Accident reconstruction expert: This expert can analyze physical evidence, such as skid marks and vehicle damage, to determine how the accident occurred and who was at fault.
2. Medical expert: A medical expert can provide testimony regarding the victim’s injuries and the treatment required. They can also provide insight into the long-term effects of the injuries.
3. Trucking industry expert: This expert can provide insight into the trucking industry, including regulations, standards, and common practices. They can also testify to whether the trucking company or driver acted negligently or violated industry standards.
4. Engineering expert: An engineering expert can analyze the design, construction, and maintenance of the vehicles involved in the accident to determine if any defects or failures contributed to the accident.
5. Human factors expert: This expert can analyze human behavior, including driver fatigue or distraction, to determine if it contributed to the accident.
6. Economic expert: An economic expert can provide testimony regarding the economic impact of the accident, including lost wages and future earning capacity.

Expert witnesses can be critical in helping to establish fault and quantify damages 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 Merrillville 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 Merrillville, Indiana

The Town of Merrillville is located in northwest Indiana, in Lake County, Indiana. It is part of the Chicago metropolitan area and has a population of approximately 35,000 people.  Merrillville is known for its thriving commercial and retail sectors, with numerous shopping centers, hotels, and restaurants located throughout the town. One of the town’s most popular attractions used to be the Star Plaza Theatre, which hosts a variety of concerts, musicals, and other events throughout the year, but was torn down and not replaced leaving a vast open undeveloped space in the heart of the town.

In addition to its commercial sector, Merrillville also offers a range of parks and recreational opportunities for residents and visitors alike. The town maintains several public parks, including Hidden Lake Park and Oak Ridge Prairie, which offer hiking trails, picnic areas, and other amenities. There is also a community center and sports complex, featuring basketball courts, a fitness center, and an indoor pool.  Merrillville has a diverse population and offers a range of housing options, from affordable apartments to spacious single-family homes. The town’s location in northwest Indiana provides easy access to nearby cities such as Chicago and Indianapolis, as well as major highways including I-65 and the Indiana Toll Road.  Overall, Merrillville is a vibrant community that offers a mix of commercial and recreational opportunities, making it an attractive place to live, work, and visit.

Since Merrillville is situated at the intersection of several major highways, including I-65, US 30, and US 51, the town experiences a significant amount of truck traffic, especially along US 30, which is a major commercial corridor.  Truck traffic in Merrillville primarily consists of commercial trucks transporting goods to and from local businesses, as well as trucks passing through the area on their way to other destinations. The town also has a number of trucking companies and logistics providers located within its borders, which further contribute to the amount of truck traffic in the area.

To manage the impact of truck traffic on local roads and infrastructure, the town of Merrillville has implemented a number of measures, including restrictions on the weight and size of trucks allowed on certain roads and bridges. The town also works closely with the Indiana Department of Transportation (INDOT) and other agencies to monitor traffic patterns and identify opportunities for improvement.

Despite these efforts, truck traffic can still be a significant issue in Merrillville, especially during peak travel times. To ensure safety for all drivers and pedestrians, it’s important for truck drivers and other motorists to follow traffic laws and exercise caution when driving in the area.