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

A collision between a car and a truck can have serious and potentially deadly consequences. The size and weight of a truck can cause significant damage to a smaller vehicle, and the force of impact can cause severe injuries or fatalities to the occupants of the car.

In such a collision, the car is often struck by the truck’s front end or side, and the impact can cause the car to spin or be pushed off the road. Depending on the speed of the vehicles, the car may be crushed or severely damaged, and the occupants may be ejected from the vehicle or trapped inside.

Common injuries that can result from a car-truck collision include broken bones, spinal cord injuries, traumatic brain injuries, internal injuries, and burns. The severity of the injuries depends on a variety of factors, including the speed of the vehicles at the time of the collision, the size and weight of the truck, and the safety features of the car.

In addition to the physical injuries, a car-truck collision can also cause emotional and financial damages. Victims may experience emotional trauma such as anxiety, depression, and post-traumatic stress disorder (PTSD), and may also face significant medical bills, lost wages, and other financial losses.

Determining fault in a car-truck collision can be complicated, and may require the assistance of an experienced personal injury attorney like the Gladish Law Group. Factors that may be considered in determining fault include driver negligence, defective equipment, and violations of federal or state regulations governing trucking operations.

Making a recovery against a trucking company for personal injury or property damage can be a complex and challenging process, but it is possible with the help of a qualified attorney like the Gladish Law Group. Trucking companies are often large corporations with teams of attorneys and insurance companies working to protect their interests, which can make it difficult for individuals to pursue claims on their own.

However, there are several factors that can make it easier to recover damages from a trucking company, including the severity of the accident, the strength of the evidence, and the experience and expertise of the attorney representing the injured party. It is important to have a thorough understanding of the laws and regulations that apply to trucking companies, including the Federal Motor Carrier Safety Regulations, as well as the industry standards and practices that may be relevant to the case.

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 Portage, 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.

Portage Ordinance Section 78-262 – Commercial vehicles exceeding 5,000 pounds gross states:

Commercial vehicles exceeding 5,000 pounds gross weight shall be restricted at all times to those streets or parts of streets so posted, except such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise and then only by entering such street at the intersection nearest the destination of the vehicle and proceeding thereon no farther than the nearest intersection thereafter. This restriction does not apply to local public passenger bus operations.

Portage Ordinance Section 78-263 – Commercial vehicles exceeding 10,000 pounds gross states:

Except on the state highway system, no commercial vehicles with a gross weight in excess of 10,000 pounds shall be operated in any residentially-zoned district in the city between the hours of 7:00 p.m. and 7:00 a.m. the following day; provided if this restriction shall result in an undue hardship or unfair competition, the traffic commission shall have the power to authorize the issuance of special permits from time to time as deemed necessary for the protection of the rights of any specific person.

Portage Ordinance Section 78-264 – Heavy machinery states:

(a)  It shall be unlawful for any person to operate any type of construction machinery or other type of heavy equipment or machinery on any public street or road within the city without proper lugs or mats so as to prevent any damage or injury to the surface of such public road or street.

(b)  Any person violating the terms of this section shall reimburse the city for any damages sustained by reason of such violation. This section shall not be construed to limit the remedies of the city for violations of the terms of this section, but shall be construed to supplement any existing remedies available to the city.

(c)  Penalties for violations of this section are set forth in section 1-16.

Portage Ordinance Section 78-265 – Traffic on U.S. Highway 20 states:

(a)  It shall be unlawful for motor vehicles over five tons empty weight to pass other motor vehicles on that portion of U.S. Highway 20 within the city.

(b)  It shall be unlawful for motor vehicles commonly known and denominated as “tractors with trailers” to pass other motor vehicles on that portion of U.S. Highway 20 within the city.

(c)  Penalties for violations of this section are set forth in section 1-16.

Injuries and Damages from Truck Accident cases – Portage, 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 damage that may be recoverable for personal injuries include the following:

1. Medical expenses: This includes the cost of medical treatment for injuries sustained in the accident, including hospitalization, surgery, medications, and rehabilitation.
2. Lost wages: This includes compensation for the time missed from work due to the injury, including past and future lost wages.
3. Pain and suffering: This includes physical and emotional pain and suffering resulting from the injury, including permanent disability, scarring, and disfigurement.
4. Property damage: This includes the cost of repairing or replacing damaged property resulting from the accident, such as a vehicle.
5. Loss of consortium: This includes compensation for the loss of companionship, society, and services of a spouse or family member due to the injury.

The amount of damages that may be recoverable in a personal injury case can vary depending on the severity of the injuries, the circumstances of the accident, and other factors. In Indiana, there is no cap on the amount of damages that may be awarded in a personal injury case, with the exception of medical malpractice cases. However, there may be limitations on the recovery of damages depending on the type of case and the defendant’s insurance policy. It is important to consult with an experienced personal injury attorney in Indiana to understand the full range of damages that may be recoverable in a particular case.

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 – Portage, 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 commercial motor vehicle operations in the United States. The law is enforced by the Federal Motor Carrier Safety Administration (FMCSA), which is responsible for regulating and overseeing the safety of commercial vehicles and their drivers.

In Portage, Indiana, the FMCSA applies to all commercial motor vehicles that operate on public roads, including trucks, buses, and other vehicles used for business purposes. The law establishes safety regulations for these vehicles and their drivers, including rules for driver qualifications, hours of service, vehicle maintenance, and more.

Some of the specific provisions of the FMCSA that may apply to trucking companies operating in Portage, Indiana includes:

1. Driver Qualifications: The FMCSA sets standards for driver qualifications, including age requirements, physical fitness standards, and driver training requirements.
2. Hours of Service: The FMCSA establishes rules for the number of hours that drivers can operate a commercial vehicle, including limits on daily and weekly driving hours and requirements for rest breaks and off-duty time.
3. Vehicle Maintenance: The FMCSA requires commercial vehicles to be regularly inspected and maintained to ensure they are in safe operating condition.
4. Electronic Logging Devices: The FMCSA requires the use of electronic logging devices (ELDs) to track driver hours of service, which can help prevent drivers from exceeding their allowable driving time and reduce the risk of driver fatigue.

Trucking companies that fail to comply with the FMCSA regulations may be subject to fines, penalties, and other consequences. In addition, violations of these regulations may be used as evidence in personal injury or wrongful death lawsuits against the trucking company, which can help establish liability for the accident and support claims for damages.

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 – Portage, 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 an essential role in trucking accident cases, as they can provide specialized knowledge and opinions that can help support a victim’s claim for damages. Here are some types of expert witnesses commonly used in trucking accident cases:

1. Accident reconstruction experts: These experts can analyze the accident scene, physical evidence, and other factors to reconstruct the accident and determine its cause. They can provide valuable insight into the mechanics of the accident and the forces involved.
2. Medical experts: Medical experts can provide opinions about the nature and extent of a victim’s injuries, the prognosis for recovery, and the medical treatment necessary to achieve maximum recovery.
3. Trucking industry experts: Experts with experience in the trucking industry can provide insight into industry practices, regulations, and standards of care. They can analyze the trucking company’s practices and procedures to determine whether they complied with industry standards and regulations.
4. Economics experts: These experts can analyze the financial impact of the victim’s injuries, including lost wages, lost earning capacity, and other economic losses. They can provide opinions about the value of future medical treatment, ongoing care, and other long-term expenses.
5. Human factors experts: These experts can analyze the actions of the truck driver and other parties involved in the accident to determine whether they acted negligently or in violation of regulations. They can also evaluate the role of human factors, such as fatigue, distraction, and impairment, in the accident.

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 Portage 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 Portage, Indiana

Portage is a city located in Porter County, Indiana, United States. It is situated at the southern tip of Lake Michigan and is part of the Chicago metropolitan area. The city covers an area of 27.25 square miles and has a population of approximately 37,000 people.

Portage has a diverse economy that includes manufacturing, healthcare, education, and tourism. The city is home to several industrial parks and is a major transportation hub, with easy access to major highways and rail lines. Portage is also a popular destination for outdoor recreation, with over 300 acres of parks and nature preserves, as well as access to Lake Michigan’s beaches and waterways.

Some of the key attractions in Portage include the Indiana Dunes National Lakeshore, a popular destination for hiking, camping, and wildlife viewing; the Portage Lakefront and Riverwalk, a scenic park and beach area with walking trails and fishing piers; and the Portage Public Marina, which offers boat slips, fishing charters, and other water activities.  Portage also has a rich cultural scene, with a variety of arts and entertainment venues, including the Portage Township Live Entertainment Association (PTLEA) theatre, the Portage Community Band, and the South Shore Orchestra.

Portage, Indiana is a major transportation hub and as such, it experiences a significant amount of truck traffic. The city is located at the intersection of several major highways, including I-80/I-94, I-65, and the Indiana Toll Road. These highways are major commercial corridors for the transportation of goods and products between the Midwest and other regions of the country.

In addition to the highways, Portage is also home to several industrial parks, including Ameri Plex at the Port, which is a 385-acre mixed-use development that includes manufacturing, distribution, and office facilities. Many of these businesses rely on truck transportation to move their products to and from their facilities.

The Port of Indiana-Burns Harbor, which is located in Portage, is also a major contributor to truck traffic in the area. The port is one of the busiest inland ports in the country and handles a wide range of cargo, including steel, grain, and other bulk commodities. Trucks are used to transport these goods to and from the port and to connect with other modes of transportation, such as rail and waterway transportation.

Due to the significant amount of truck traffic in Portage, the city and state have implemented several measures to manage traffic flow and improve safety, including road improvements, traffic management systems, and compliance with state and federal regulations.