Schererville, Indiana – Truck Accident Lawyer - Truck Accident Attorney – Serious Injury – Death Cases
A collision between a car and a truck can be a serious and often devastating event. Due to the size and weight of trucks, collisions between cars and trucks can result in significant damage to the car and serious injuries to the car’s occupants.
In a typical scenario, a car and a truck are driving in the same direction on a road or highway. The truck is often in the right-hand lane, while the car may be in the left-hand lane or passing the truck on the right.
If the truck driver is distracted, fatigued, or otherwise not paying attention, they may fail to see the car in their blind spot or fail to anticipate the car’s movements. As a result, the truck may collide with the car, either from the side or from behind.
The impact of a collision between a car and a truck can be severe. The car may be crushed or severely damaged, and the car’s occupants may sustain serious injuries, such as broken bones, head trauma, or spinal cord injuries. In some cases, the car’s occupants may be killed in the collision.
Truck drivers are held to a high standard of care when operating their vehicles due to the potential danger they pose to other drivers on the road. If a truck driver is found to be at fault for a collision with a car, they may be held liable for the damages and injuries sustained by the car’s occupants.
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. Recovering damages from a trucking company after a truck accident can be a complex and challenging process. In many cases, trucking companies have large legal teams and insurance companies working on their behalf to minimize their liability and protect their financial interests.
Recovering damages from a trucking company can be complex and challenging, as these cases often involve multiple parties and complex legal issues. However, with the help of an experienced personal injury attorney, it is possible to recover damages for injuries sustained in a trucking accident. Trucking companies are subject to a variety of state and federal regulations that govern their operations, and violations of these regulations can be used as evidence of negligence in a personal injury lawsuit. Additionally, trucking companies are often required to carry significant insurance policies to cover accidents and injuries.
To successfully recover damages from a trucking company, it is important to have a strong legal case and an attorney like the Gladish Law Group who has a thorough understanding of the relevant laws and regulations. This may involve conducting an investigation into the cause of the accident, gathering evidence, and building a case that demonstrates the trucking company’s liability for the injuries sustained.
Overall, while recovering damages from a trucking company can be difficult, it is possible with the help of a skilled personal injury attorney. If you have been injured in a trucking accident, it is important to seek legal representation as soon as possible to protect your rights and ensure that you receive the compensation you deserve.
In addition, trucking companies often have significant resources to defend themselves against personal injury claims, including insurance policies with high coverage limits and teams of experienced attorneys. This can make it difficult for individuals to pursue recovery on their own, and may require the assistance of an experienced personal injury attorney who is familiar with the complexities of truck accident cases and can represent your interests in court or during settlement negotiations.
Truck Driver’s Duty of Care to the motoring public in Schererville, 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.
Schererville Ordinance Section 8-50 – Trucks of Nine Thousand (9,000) Pounds or More-Parking Regulations states: No person(s), company, corporation or legal entity shall park or cause to be parked nor be allowed to stop or stand any truck of greater than nine thousand (9,000) pounds gross weight and/or bearing license plate description greater than truck-9 or its foreign jurisdiction equivalent, or truck-tractor or semi-trailer, of any kind, in any residential district or districts that is zoned residential, nor shall such parking, stopping or standing be permitted on any street, alley park, public right-of-way or private property, private driveway or private lot in the Town of Schererville, at any time, except in municipal vehicles where and when required.
Schererville Ordinance Section 8-51 – Limited Truck Exceptions states:
a. The following streets shall be excepted from Section 8-50: (1) Route U.S. Highway 30, (2) Route U.S. Highway 41.
b. The purpose and intent of this ordinance shall not be construed to prohibit temporary and singular access of semi-trucks or tractor-trailers into residential districts or districts that are zoned residential for the principal purpose of delivering requested merchandise, goods, or services to a private residence.
Schererville Ordinance Section 8-122 – Heavy Truck Weight Restrictions states:
- Pursuant to Indiana Code, § 9-20-1-1, et seq., local town authorities may prohibit the operation of vehicles upon such streets and roads or impose restrictions as to the weight of vehicles to be operated upon such streets or roads for a total period of ninety (90) days in any one (1) calendar year, whenever said streets, roads, and highways by reason of deterioration, rain, snow, frost, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced.
- All vehicle traffic which has a gross weight of five (5) tons shall not travel upon any municipal roadway designated in this chapter, so long as the designated roadways are marked by signs at each end point, with the following exceptions: 1. Construction Vehicles; and, 2. Local delivery vehicles within the town limits where there is no alternate roadway without such limitation from the point observed by law enforcement official to its destinations. 3. Penalty for violation shall be as set forth in this Chapter as a moving violation.
Injuries and Damages from Truck Accident cases – Schererville, 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 damage recoverable for personal injuries generally include the following:
- Medical expenses: Victims of personal injuries can recover compensation for the cost of medical treatment related to their injuries. This can include hospital bills, physician fees, prescription medications, rehabilitation expenses, and other medical costs.
- Lost wages: Victims of personal injuries can recover compensation for the income they lost as a result of their injuries. This can include lost wages from missed work and lost earning capacity due to permanent disabilities.
- Pain and suffering: Victims of personal injuries can recover compensation for the physical pain and emotional distress they experienced as a result of their injuries. This can include compensation for both past and future pain and suffering.
- Property damage: If personal injuries resulted from a car accident or other incident that caused damage to personal property, victims can recover compensation for the cost of repairing or replacing that property.
- Loss of consortium: In cases where a victim’s injuries have a significant impact on their relationship with their spouse or family members, the victim or their family members may be able to recover compensation for the loss of companionship, guidance, and support.
These are general categories of damages that may be recoverable in Indiana personal injury cases, but the specific damages recoverable depend on the facts and circumstances of each case. Working with an experienced personal injury attorney can help victims of personal injuries identify all of the damages to which they may be entitled and pursue full and fair compensation.
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 – Schererville, 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 commercial trucking industry, including drivers and companies that operate commercial motor vehicles. The FMCSA has broad jurisdiction over trucking operations and is responsible for enforcing safety regulations, conducting safety inspections, and issuing fines and penalties for violations.
In Schererville, Indiana, the FMCSA applies to any company or individual that operates commercial motor vehicles, including interstate trucking companies that transport goods through the state. These companies are subject to a variety of FMCSA regulations, including rules related to driver qualifications, hours of service, vehicle maintenance, and safety inspections.
To ensure compliance with FMCSA regulations, trucking companies in Schererville and across the country are required to maintain detailed records of driver qualifications, hours of service, and vehicle maintenance, among other things. The FMCSA also conducts regular safety inspections of commercial vehicles and can issue fines and penalties for violations of its regulations.
Overall, the FMCSA plays an important role in promoting safety on the roads and protecting the public from the dangers of commercial trucking accidents. By enforcing strict regulations on trucking companies and drivers, the FMCSA helps to ensure that commercial motor vehicles are operated safely and responsibly, reducing the risk of accidents and injuries.
Truck Accidents – Expert Witnesses – Schererville, 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 a crucial role in trucking accident cases. These witnesses are typically individuals with specialized knowledge and experience in the trucking industry or related fields, and they can provide expert opinions and testimony regarding the cause of the accident, the extent of the damages, and other issues relevant to the case.
Some examples of expert witnesses who may be used in trucking accident cases include:
- Accident reconstruction experts: These experts use scientific methods and techniques to analyze the accident scene, the vehicles involved, and other evidence in order to determine how the accident occurred.
- Mechanical experts: These experts have specialized knowledge of the mechanics of trucks and can help determine whether mechanical failure or defects played a role in the accident.
- Medical experts: These experts can provide testimony regarding the nature and extent of the injuries suffered by the victims, as well as the expected costs of medical treatment and rehabilitation.
- Regulatory compliance experts: These experts can help determine whether the trucking company or driver complied with relevant federal and state regulations governing the trucking industry.
- Industry experts: These experts have extensive knowledge and experience in the trucking industry and can provide opinions and testimony regarding industry standards, practices, and norms.
Using expert witnesses can be essential in trucking accident cases, as their testimony can help establish liability, damages, and other important aspects of the case. An experienced personal injury attorney like the Gladish Law Group will identify and retain the appropriate expert witnesses and utilize their expertise to build a strong case on behalf of your case.
How a Schererville 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 Schererville, Indiana
Schererville is a town located in Lake County, Indiana, approximately 30 miles southeast of downtown Chicago. The town is known for its vibrant community, thriving businesses, and family-friendly atmosphere. Schererville has a population of around 29,000 people and covers an area of approximately 13 square miles. The town is home to a variety of residential neighborhoods, ranging from single-family homes to apartments and townhouses.
Schererville has a strong economy, with a mix of retail, commercial, and industrial businesses located throughout the town. The town’s central location, near major highways such as Interstate 80/94 and U.S. Route 30, makes it a convenient location for businesses and residents alike. In addition to its strong economy, Schererville has a variety of parks and recreational areas, including the Schererville Community Center and Redar Park, which offers a variety of activities such as baseball fields, walking trails, and picnic areas. The town is also home to a number of festivals and events throughout the year, including the annual Schererville Corn Roast and Fall Harvest Festival.
Schererville, Indiana is located near several major highways, including Interstate 80/94 and U.S. Route 30, which means that truck traffic is relatively common in the area. In particular, these highways are major trucking routes that connect the Chicago area to other parts of the Midwest and beyond.
There are also several industrial and commercial areas located in and around Schererville, which may attract truck traffic to the area. For example, the nearby city of Hammond is home to a major rail yard and intermodal facility, which can generate significant truck traffic as goods are transported to and from the facility.
Overall, while truck traffic is not uncommon in Schererville, it is likely less than in some other nearby cities such as Gary or Hammond, which are home to larger industrial and transportation hubs. However, due to its location near major highways, it is likely that Schererville will continue to see some level of truck traffic.