Porter County, 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 18-wheeler, can be very serious and often result in severe injuries or fatalities. These types of accidents occur for a variety of reasons, such as driver fatigue, distracted driving, improper maintenance of the truck, or violations of traffic laws. Due to the size and weight of a semi-truck, the force of impact in a collision can be significant, causing extensive damage to the car and putting its occupants at risk.
In a collision between a car and a semi-truck, the occupants of the car are more likely to sustain injuries or fatalities due to the size and weight differential between the two vehicles. The impact of a collision with a semi-truck can cause the car to spin out of control or become trapped beneath the truck. This can result in catastrophic injuries such as traumatic brain injuries, spinal cord injuries, amputations, or even death.
To prevent these types of accidents, it is important for drivers to exercise caution and stay alert while sharing the road with semi-trucks. Additionally, trucking companies must adhere to federal regulations and maintain their vehicles properly to reduce the risk of accidents. If a collision does occur, it is important to seek medical attention and contact an experienced personal injury attorney like the Gladish Law Group to determine your legal options for pursuing compensation for your injuries and damages.
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.
The difficulty in making a recovery from a trucking company for injuries in a collision can vary depending on the specific circumstances of the case. In general, trucking companies may have large insurance policies and legal teams to defend against personal injury claims. Additionally, there may be complex regulations and laws that apply to commercial trucking, such as the Federal Motor Carrier Safety Act, that can impact the outcome of a case.
To successfully recover compensation from a trucking company, it may be necessary to provide strong evidence of the truck driver’s negligence or the trucking company’s violation of safety regulations. This may require the assistance of experienced personal injury attorney like the Gladish Law Group as well as expert witnesses. Ultimately, the difficulty in making a recovery will depend on the unique factors of each individual case.
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 Porter County, 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.
Porter County has a “Frost Law” under Section 24-163. – Gross weight of vehicles on roadways restricted at certain times which states:
The county board of commissioners adopts the ordinance codified in this article which limits the gross weight of vehicles operated on county roadways during certain periods of the calendar year, except on the award of written permit by the county highway superintendent when the Frost Law has been declared in effect. The permit shall be issued in triplicate; one copy retained in the highway department, one copy in the sheriff’s department, and one copy to be carried in the vehicle containing the overload. A one-time permit, meaning the permit is good for one trip for one truck or piece of equipment (including the return trip) shall be issued for a cost as established by the county board and shall be valid for seven days. An annual permit is also available for a cost as established by the county board and is valid for one year from the date of issuance. The annual permit is also only valid for one truck or piece of equipment. The permit must contain the license plate of the truck and the vehicle identification number (VIN). Any permit that does not contain the plate number and VIN number, or incomplete in any other manner will be considered incomplete and not valid. The permittee is required to have a physical copy of the permit or a clear and legible photograph of the permit with him at all times. If the permittee does not have a physical copy of the permit on his person or in the vehicle containing the overload, the vehicle containing the overload will be considered as operating without a permit. A vehicle that does not comply with size and weight restrictions as written in IC 9-20, that has a valid state permit to be oversize and/or overweight, cannot drive on weight restricted county roads without also obtaining a permit from the county highway department superintendent.
Injuries and Damages from Truck Accident cases – Porter County, 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, there are several types of damages that may be recoverable in a personal injury case, including:
- Economic damages: These damages are intended to compensate a victim for their financial losses resulting from the injury. Economic damages may include medical expenses, lost wages or income, and other out-of-pocket expenses related to the injury.
- Non-economic damages: These damages are intended to compensate a victim for their non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages: In some cases, a victim may be entitled to punitive damages, which are intended to punish the defendant for particularly egregious behavior or conduct.
- Property damages: In cases where the victim’s property was damaged as a result of the injury, such as a vehicle in a car accident, property damages may also be recoverable.
To recover damages in a personal injury case in Indiana, a victim must be able to demonstrate that the defendant was at fault for the injury, either through negligence or intentional misconduct. Indiana follows a modified comparative fault rule, which means that a victim’s recovery may be reduced if they were partially at fault for the injury. Specifically, if a plaintiff’s fault was less than 51%, they may still recover damages, but their recovery will be reduced by the percentage of their fault. If their fault was 51% or greater, they may not recover any damages at all.
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.
Truck Accidents – Federal Motor Carrier Safety Act – Porter County, 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 the operation of commercial motor vehicles in the United States. It applies to all states, including Porter County, Indiana. Under the FMCSA, commercial motor carriers must comply with various safety regulations, including driver qualifications, hours of service, maintenance and inspection requirements, and drug and alcohol testing. The FMCSA also requires motor carriers to maintain certain records, such as driver logs and vehicle inspection reports, to ensure compliance with these regulations.
In addition, the FMCSA has established a safety monitoring program called the Compliance, Safety, and Accountability (CSA) program. The CSA program uses a Safety Measurement System (SMS) to identify motor carriers that pose a safety risk based on their safety performance data. The FMCSA uses this data to prioritize motor carriers for interventions, such as safety audits and compliance reviews. Overall, the FMCSA has a significant impact on the operation of commercial motor vehicles in Porter County and throughout Indiana, as it is designed to promote safety and reduce the risk of trucking accidents.
Truck Accidents – Expert Witnesses – Porter County, Indiana:
Expert witnesses can be critical in a trucking accident case to help establish liability and damages. Given the complexity of trucking regulations, the specialized nature of the trucking industry, and the severity of injuries that can result from trucking accidents, expert witnesses can provide valuable insights and evidence.
For example, a trucking industry expert can help establish whether the truck driver or trucking company violated safety regulations or industry standards, and whether this contributed to the accident. An accident reconstruction expert can analyze physical evidence, such as skid marks, vehicle damage, and road conditions, to help determine how the accident occurred and who was at fault. Medical experts can provide testimony regarding the nature and extent of the injuries sustained by the plaintiff, as well as the medical treatment needed for recovery.
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 Porter County 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 Porter County, Indiana
Porter County is a county located in the northwestern part of the state of Indiana. It was founded in 1836 and is named after Commodore David Porter, a naval officer in the War of 1812. The county seat is the city of Valparaiso, but its largest city is the City of Portage.
Porter County has a population of approximately 170,000 people and covers an area of around 418 square miles. It is home to several towns and cities, including Portage, Chesterton, Hebron, and Kouts. The county is located along the southern shore of Lake Michigan and has a diverse economy, with major industries including healthcare, education, and manufacturing.
Porter County is known for its scenic beauty and outdoor recreational opportunities, with several state parks and nature reserves located within its boundaries. The Indiana Dunes National Park, which covers over 15,000 acres and includes several miles of Lake Michigan shoreline, is a popular destination for visitors to the area.
Porter County is also part of the Chicago metropolitan area. As such, it has several major highways that run through it, including Interstate 94, US Route 6, US Route 12, US Route 20, and State Road 49. These highways see a significant amount of truck traffic, particularly I-94 which connects the area to the rest of the Midwest and the East Coast. The county also has several major rail lines and a busy port in the city of Portage, which also contribute to the amount of truck traffic in the area.