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Valparaiso Truck Accident Lawyer

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

Accident with a TruckA collision between a car and a truck can have serious consequences due to the large size and weight of the truck. The impact of a collision may cause significant damage to the car and result in injuries or even fatalities to the occupants of the car. Here is a general description of what a collision between a car and truck might look like:

  1. Initial impact: The force of the collision between the car and the truck can cause the car to spin or be thrown in a different direction. The impact can cause significant damage to the car, particularly on the side that was hit by the truck.
  2. Rollover: In some cases, the force of the impact can cause the car to roll over. This is particularly likely if the car is hit on the side or if the truck is high off the ground.
  3. Secondary impacts: A collision between a car and a truck can also cause secondary impacts, particularly if the car hits other vehicles or objects after the initial impact. This can cause additional damage and injuries to the occupants of the car.
  4. Injuries: Injuries resulting from a collision between a car and truck can be severe due to the difference in size and weight between the two vehicles. Common injuries include head and neck injuries, spinal cord injuries, broken bones, and internal injuries.
  5. Liability: Determining liability in a collision between a car and a truck can be complex. The truck driver, trucking company, and other parties may be held liable for the accident depending on the circumstances. Evidence such as police reports, witness statements and physical evidence from the scene can help determine liability.

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.

To make a recovery against a trucking company, you will need to demonstrate that the company or its driver was responsible for the accident, and that their negligence or misconduct caused your injuries or damages. This can involve gathering evidence such as accident reports, witness statements, and medical records, and presenting a persuasive case to the court or negotiating a settlement with the company’s legal representatives.

One of the main challenges in these cases is the complexity of the trucking industry and the regulations that govern it. Trucking companies are subject to a wide range of federal and state laws, including the Federal Motor Carrier Safety Act and the Commercial Motor Vehicle Safety Alliance (CVSA) standards, and violations of these regulations can contribute to accidents and injuries. However, navigating these regulations and demonstrating their relevance to your case can require significant expertise and resources which the Gladish Law Group brings during our representation of our clients.

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 Valparaiso, 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 – Valparaiso, 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 elements of damages that can be recoverable for personal injuries, including:

  1. Medical expenses: Victims of personal injuries may be able to recover the cost of medical treatment, including emergency room care, hospitalization, surgeries, medications, physical therapy, and other medical expenses.
  2. Lost wages and earning capacity: If a victim is unable to work due to their injuries, they may be able to recover lost wages and any reduction in their earning capacity as a result of the injuries.
  3. Pain and suffering: Victims of personal injuries may be able to recover damages for the physical and emotional pain and suffering they have endured as a result of the injuries.
  4. Property damage: If the accident caused damage to the victim’s property, such as their car, they may be able to recover the cost of repairs or replacement.
  5. Loss of consortium: If the injuries affect the victim’s relationship with their spouse or family members, they may be able to recover damages for the loss of consortium.
  6. Punitive damages: In cases where the defendant’s conduct was particularly egregious or reckless, the victim may be able to recover punitive damages, which are intended to punish the defendant and deter similar conduct in the future.

The exact damages that are recoverable in a personal injury case depend on the specific circumstances of the case, including the severity of the injuries, the impact on the victim’s life, and the evidence available to support the claim.

An experienced personal injury attorney like the Gladish Law Group will help victims understand their legal rights and options for pursuing compensation for their injuries.

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 – Valparaiso, 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 carriers and drivers operating in the United States. The FMCSA sets standards for commercial driver’s licenses (CDLs), vehicle maintenance and inspections, hours of service, and other safety-related requirements.

As in other cities in Indiana and throughout the United States, the FMCSA applies to commercial trucking operations in Valparaiso. Trucking companies and drivers operating in Valparaiso must comply with FMCSA regulations in order to ensure the safety of the public and other drivers on the road.

The Indiana State Police Commercial Vehicle Enforcement Division (CVE) is responsible for enforcing FMCSA regulations in Valparaiso and throughout the state. The CVE conducts regular roadside inspections of commercial vehicles to ensure that they are properly maintained and in compliance with federal and state regulations. In addition, the CVE investigates accidents involving commercial vehicles and enforces penalties and fines for violations of FMCSA regulations.

Overall, the FMCSA is an important tool for ensuring the safety of commercial trucking operations in Valparaiso and throughout Indiana. Compliance with FMCSA regulations can help prevent accidents and protect the public from the potential hazards of commercial trucking.

Truck Accidents – Expert Witnesses – Valparaiso, 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 can provide specialized knowledge and opinions to help determine the cause of the accident, who is at fault, and the extent of the damages. Some examples of expert witnesses in trucking accident cases may include:

  1. Accident reconstruction experts: These experts use their knowledge of physics, engineering, and other sciences to reconstruct the accident and determine how it occurred.
  2. Trucking industry experts: These experts have extensive knowledge of the trucking industry, including federal and state regulations, industry standards, and best practices. They can help determine whether the trucking company or driver acted negligently or violated regulations.
  3. Medical experts: These experts can provide testimony on the nature and extent of the injuries suffered by the victims, as well as the medical treatment required and the long-term effects of the injuries.
  4. Financial experts: These experts can help calculate the economic damages suffered by the victim, including lost wages, future earning capacity, and the cost of medical treatment and rehabilitation.
  5.  Human factors experts: These experts can provide insight into how human behavior and decision-making may have contributed to the accident, such as the driver’s actions, fatigue, or distractions.
  6. Safety experts: These experts can evaluate the safety practices and procedures of the trucking company and determine whether they were adequate or if they contributed to 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 Valparaiso 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 Valparaiso, Indiana

Aerial Valparaiso, Indiana over US 30
Aerial Valparaiso, Indiana over US 30

Valparaiso is a city located in northwest Indiana, approximately 50 miles southeast of Chicago. With a population of around 32,000 people, Valparaiso is the county seat of Porter County and serves as a regional hub for education, culture, and commerce.

The City of Valparaiso is known for its historic downtown area, which features a variety of shops, restaurants, and entertainment venues. Valparaiso is also home to several colleges and universities, including Valparaiso University, a private Lutheran institution with more than 4,000 students.

In addition to its vibrant downtown, Valparaiso boasts a range of outdoor recreational opportunities. The city is surrounded by parks and natural areas, including the Indiana Dunes National Park and the Taltree Arboretum and Gardens. Valparaiso is also home to several public parks and sports facilities, including the Valparaiso Family YMCA and the Valparaiso High School Athletic Complex.  Overall, Valparaiso offers a diverse range of cultural, educational, and recreational opportunities in a beautiful natural setting, making it an attractive place to live, work, and visit.

Also, the City of Valparaiso is located at the crossroads of several major highways, including Interstate 90, Interstate 94, and U.S. Route 30, which makes it a hub for commercial trucking in the region. As a result, there is a significant amount of truck traffic in and around Valparaiso.  Trucks can be seen traveling through the city on a regular basis, particularly on major roads such as U.S. Route 30 and State Road 49. Additionally, the city is home to several businesses and industries that rely on trucking for the transport of goods and materials.

The Indiana Department of Transportation (INDOT) maintains a number of programs and initiatives aimed at improving the safety and efficiency of trucking in the state, including the Motor Carrier Services Division, which oversees registration and licensing of commercial vehicles, and the Indiana Commercial Vehicle Enforcement Division, which enforces state and federal regulations related to commercial trucking.