Michigan City, Indiana – Truck Accident Lawyer - Truck Accident Attorney – Serious Injury – Death Cases
A collision between a car and a truck can be a serious and potentially deadly event. Due to the size and weight difference between the two vehicles, truck-car collisions often result in severe injuries or fatalities.
One common scenario is a rear-end collision, where a truck collides with a car from behind. This type of accident can occur when a truck driver is following too closely, distracted, or driving too fast for the conditions. The impact of the collision can cause the car to be pushed forward, potentially causing a chain reaction with other vehicles.
Another common scenario is a head-on collision, where a car and a truck collide while traveling in opposite directions. These types of accidents often occur on two-lane roads or on highways with no median barrier. The force of the impact can be particularly devastating, as the vehicles are traveling in opposite directions at high speeds. Side-impact collisions, also known as T-bone collisions, occur when a truck collides with the side of a car. These types of accidents often occur at intersections, when a truck driver fails to yield or runs a red light.
In any type of collision between a car and a truck, the occupants of the car are particularly vulnerable to serious injury or death due to the size and weight of the truck. In addition, the cause of the accident may be complex and require the involvement of expert witnesses, such as accident reconstruction specialists, to determine fault and liability.
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.
Making a recovery against a trucking company can be a complex and challenging process, depending on the circumstances of the accident and the nature of the injuries involved. Trucking companies often have significant resources at their disposal, including teams of lawyers and insurance adjusters, and may vigorously defend against claims in order to protect their financial interests.
To make a recovery against a trucking company, the injured party typically must establish that the trucking company was negligent or otherwise at fault for the accident. This may involve gathering evidence such as witness statements, police reports, and data from the truck’s electronic control module (ECM).
In addition, trucking companies are subject to a range of federal and state regulations, including those related to driver qualifications, hours of service, vehicle maintenance, and cargo securement. If the trucking company violated any of these regulations and this violation contributed to the accident, this can be used as evidence of negligence.
Recovering damages in a trucking accident case can involve multiple parties, including the trucking company, the driver, and the driver’s employer. Depending on the circumstances, it may be necessary to file a lawsuit or negotiate a settlement with one or more of these parties.
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 Michigan City, 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.
Michigan City ordinance Sec. 94-161 provides definitions as follows:
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Delivery route means those streets designated by this division as roads utilized to connect the primary truck system to commercial/industrial land uses. Where the routes do not connect to a primary truck route or another delivery route, trucks shall return from their destination via the entrance routes.
Primary truck route means the federal and state highways in the city and those local streets designated by this division designed for the movement of goods and services through the city.
Truck means a freight-carrying vehicle having a gross weight of ten tons or more.
Michigan City ordinance Section 94-162 – Intent of delivery route system.
The intent of the delivery route system is to connect the primary routes to points of destination. When a delivery route terminates at a destination other than a delivery route or primary route, the vehicle is to return by the route of entry.
Michigan City ordinance Section 94-163 – Use of designated routes.
Drivers of freight-carrying vehicles having a gross weight of ten tons or more are prohibited from operating or driving the vehicle over streets or portions of streets not designated by this division, except where delivery to a legally established business/industry enterprise is not possible because of its location on a non-designated street.
Michigan City ordinance Section Sec. 94-206 – Stopping, standing or parking of trucks in central business district.
Freight-carrying vehicles of one ton capacity or more shall not stop, stand or park on any street within the central business district of the city between the hours of 11:00 a.m. and 1:00 p.m. or between the hours of 4:30 p.m. and 6:00 p.m.
Injuries and Damages from Truck Accident cases – Michigan City, 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 that may be recoverable in personal injury cases include:
- Medical expenses: Victims of personal injury may recover the reasonable value of medical care and treatment required for their injuries, including hospitalization, surgery, physical therapy, and medication.
- Lost wages: Victims may recover lost wages and income due to the injury, including past and future lost earnings and earning capacity.
- Pain and suffering: Victims may recover damages for physical pain and suffering, mental anguish, and loss of enjoyment of life caused by the injury.
- Property damage: Victims may recover the cost of repairing or replacing any property damaged as a result of the injury.
- Wrongful death: If a personal injury results in death, the victim’s surviving family members may be entitled to recover damages for their loss, including funeral and burial expenses, loss of financial support, and loss of companionship and emotional support.
In addition to these specific categories of damages, Indiana law allows for recovery of damages that are reasonably related to the injuries sustained by the victim. This can include things like travel expenses for medical treatment, home modifications, and other expenses that are necessary as a result of the injury.
It is important to note that Indiana operates under a modified comparative fault system. This means that if the victim is found 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 victim. If the victim is found to be more than 50% at fault, they may not recover damages at all.
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 – Michigan City, 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 regulates commercial motor vehicle operations in the United States. The FMCSA establishes safety standards for commercial motor vehicles and their drivers, and sets rules for the transportation of hazardous materials.
In Michigan City, Indiana, the FMCSA applies to all commercial motor vehicle operations, including those operating on local roads and highways. This includes trucks and buses that are engaged in interstate commerce, as well as intrastate operations that involve the transportation of hazardous materials.
Some of the specific provisions of the FMCSA that apply in Michigan City include:
- Driver qualifications: The FMCSA establishes requirements for commercial driver’s licenses (CDLs), medical exams, and driver training programs.
- Hours of service: The FMCSA sets rules for the amount of time that commercial drivers can spend behind the wheel each day and each week, in order to prevent driver fatigue and improve safety.
- Vehicle maintenance: The FMCSA requires regular inspections and maintenance for commercial motor vehicles, in order to ensure that they are safe and roadworthy.
- Hazardous materials: The FMCSA establishes regulations for the transportation of hazardous materials, including labeling and packaging requirements, training for drivers, and emergency response procedures.
Overall, the FMCSA plays an important role in promoting safety on the roads in Michigan City and throughout the United States, by establishing standards for commercial motor vehicle operations and ensuring that these standards are enforced.
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 – Michigan City, 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 be critical in trucking accident cases to provide testimony and evidence regarding the technical and specialized aspects of the case. Trucking accidents can be complex and involve a range of issues related to safety regulations, industry standards, and engineering, and expert witnesses can help clarify and explain these issues to the court or jury.
Here are some examples of expert witnesses who may be involved in trucking accident cases:
- Accident reconstruction experts: These experts analyze the physical evidence from the accident scene to determine how the accident occurred and who was at fault.
- Medical experts: Medical experts can provide testimony regarding the victim’s injuries, prognosis, and long-term effects of the injuries on their life.
- Trucking industry experts: These experts can testify about industry standards, safety regulations, and best practices for trucking operations.
- Truck maintenance and repair experts: These experts can evaluate the condition of the truck involved in the accident and testify about whether the vehicle was properly maintained and in good condition at the time of the accident.
- Driver qualification experts: These experts can evaluate whether the driver was properly qualified and trained to operate the truck and whether they were in compliance with federal and state regulations.
- Human factors experts: These experts can evaluate the driver’s behavior and actions leading up to the accident, such as fatigue, distraction, or impaired driving.
Expert witnesses can help establish liability and damages in a trucking accident case and can be essential to a successful outcome. Gladish Law Group will work with such expert witnesses to build a strong case on behalf of our clients. The Gladish Law Group has 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 which increases the likelihood of a successful outcome in your case.
How a Michigan City 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 Michigan City, Indiana
Michigan City is a city located in LaPorte County, Indiana, on the southern shore of Lake Michigan. Here are some key features of the city:
- Location: Michigan City is located approximately 50 miles east of Chicago, Illinois, and 75 miles west of South Bend, Indiana. It is situated at the southern end of Lake Michigan, which makes it a popular destination for tourists and outdoor enthusiasts.
- Population: As of the 2020 U.S. Census, Michigan City has a population of approximately 29,000 people. The city is the county seat of LaPorte County.
- Economy: Michigan City’s economy is diverse, with a mix of manufacturing, healthcare, retail, and tourism industries. Major employers in the city include the healthcare system Franciscan Health, the casino and hotel complex Blue Chip Casino, and the manufacturing company AK Steel.
- Attractions: Michigan City is home to a number of attractions that draw visitors from across the region. These include the Indiana Dunes National Park, the Michigan City Lighthouse and Pier, and the Washington Park Zoo. The city also has a thriving arts and culture scene, with numerous galleries, theaters, and music venues.
- Transportation: Michigan City is served by several major transportation routes, including Interstate 94, which runs east-west through the city, and the South Shore Line commuter rail, which connects the city to downtown Chicago and other destinations in northwest Indiana. The city also has a small airport, the Michigan City Municipal Airport, which serves general aviation and charter flights.
As a major transportation hub in the region, Michigan City sees a significant amount of truck traffic. The city is located at the intersection of several major highways, including Interstate 94 and U.S. Route 421. In addition, the city is served by the Port of Indiana-Burns Harbor, which is one of the busiest ports on the Great Lakes and handles a large amount of cargo traffic.
Trucks are a common sight on Michigan City’s highways and roads, especially on routes leading to and from the port. This can lead to congestion and traffic issues, particularly during peak hours. In addition, the heavy trucks can put a strain on local infrastructure, including roads, bridges, and overpasses.
To manage the impact of truck traffic on the city, Michigan City has implemented a number of initiatives and regulations aimed at improving safety and reducing congestion. For example, the city has implemented truck route designations to steer trucks away from residential areas and other sensitive locations. The city has also worked with the Indiana Department of Transportation and other agencies to improve infrastructure and reduce truck-related accidents.