Five Important Facts You Need To Know About Trucking Accidents In Indiana

Trucking accidents are some of the most serious given the size and mass of semis and the trailers that they haul. Because these cases can often involves serious injury, they require a serious investigation in order to establish liability early on. Here are the top five things to address when you are dealing with the immediate aftermath of the truck accident involving serious bodily injury.

  1. Make sure all witnesses are located and have provided a statement. In truck accident cases, there is no substitute for human witnesses providing their account of how the accident happened. Because memories fade over time, locating witnesses, getting their contact information, and taking a statement of them is vitally important to preserving recollections and accounts of how an accident took place.
  2. Like airlines and many motor vehicles, modern semi trucks have “black boxes” inside of them which records vital information about the truck and its performance. Advising the trucking company in issue to preserve all “black box” data is critical to preserving evidence relevant to your truck accident case. Depending on the age and model of the semi in issue, “black box” data can be obtained and provide important information about things such as: vehicle speed prior to impact; braking application prior to impact; and RPM of engine prior impact. Often times, if black box data is not preserved, it may be conveniently “lost” or overwritten. Therefore, it is vitally important to put a trucking company on notice of your desire to preserve all black box data very early in a case.
  3. If the accident is one of disputed liability, it oftentimes is prudent to obtain an accident reconstruction, performed by a qualified accident reconstructionist. An accident reconstructionist can analyze black box data, witness statements, and physical evidence from the scene to best determine how an accident actually took place. Again, because physical evidence at an accident scene, like tire markings, guardrail damage, etc. is often times repaired, it is important if one intends to pursue an accident reconstruction to do so very quickly and early in the case. Most firms that specialize in trucking accident cases will pay for the accident reconstruction as part of the case work up and will only require reimbursement if a recovery is made. Again, like witness statements and “black box” preservation, time is of the essence with accident reconstruction!
  4. Locate all available sources of insurance coverage: liability, medical, and auto-med pay.The medical bills which a company a truck accident case are often outrageously high. While the trucking company’s liability coverage will likely take care of medical expenses in the long term (when the case is resolved) the liability coverage will not be available to take care of medical expenses in the short term (before the case is resolved). This is because liability insurance does not pay medical expenses incurred relevant to a case in piecemeal fashion. Therefore, it is important to have some insurance to cover medical expenses prior to a recovery being made from liability coverage.Health insurance and one’s own auto med pay coverage can often fill in the gap while one awaits settlement with the liability insurance company. However, apportioning healthcare coverage between auto med pay and health insurance can sometimes be tricky. Also, resolving the liens which often times arise when private health insurance pays medical expenses related to an accident can also be tricky and require a skilled legal professional.So, sorting out the different types of coverage available, deciding which coverage to use and when, is an important aspect of any trucking accident case.
  5. Get an experienced Indianapolis lawyer!If one through four above seems overwhelming, it doesn’t have to be! An experienced attorney who has handled trucking cases before will know each of the four steps above and many more. If you’ve never done a trucking accident case prior to the one you are involved in or have some connection to, it would be nearly impossible to execute steps one through four above and successfully handle your case. That’s why step number five is to get carpet it legal help. Don’t handle your situation alone and make a mess of it! Call Rob King and associates trial lawyers for a free consultation today!

Truck Drivers Making Indiana Roads More Dangerous

Remember that line from the old FedEx commercial “when it absolutely, positively has to be there overnight” (see video below)? What FedEx and other companies like it did not tell us in that ad was what their drivers have to do to make their deadlines while driving large, heavy vehicles. Of course, a delivery which “absolutely, positively has to be there overnight” can potentially cause a driver to be hurried, rush and preoccupied with his driving and put members of the public at risk.

Factors that can cause truck accidents in Indianapolis:

  • driving too fast in bad weather trying to make a delivery on time;
  • being distracted by a dispatch operator, on-board computers, or electronic handheld devices with delivery information;
  • driving without appropriate rest because a delivery has to be made by a certain time;
  • or driving while being distracted by GPS navigational systems;

Many truck drivers and package delivery companies traveling through Indianapolis, Speedway, Fishers, etc., can be under a intense deadlines which sometimes create dangerous situations.

How We’ve Helped Truck Accident Victims

Our office recently handled a case where a commercial truck driver drove too fast in icy road conditions. He was trying to deliver a product that was two days late. As a result, our client was rear-ended and ran off the road by the truck driver. The shoulder injury which our client sustained was described by his treating doctor as “the worst she had ever seen.”

Another recent case involved a commercial truck driver who drove into our client’s lane of travel, causing significant facial injuries. Investigation revealed that the driver was operating in violation of federal regulations which limit the time a driver may operate his vehicle without rest.

I’ve Been In an Accident. What next?

Rob King & Associates will help you stand up to truck drivers and trucking companies who put your safety at risk. Together, we can make the trucking firm involved in the accident be held accountable for their actions and make the roads safer for everyone.

Trucking cases can be time sensitive. Many trucking companies write over the “black-boxes” that are now in many trucks and which record valuable data that can help prove a truck driver’s negligence. Don’t wait until it’s too late. Our office has extensive experience in assisting victims and families who have been hurt by truck drivers in Indianapolis.  Call us at (317) 916-0000 today for a free case evaluation.

Video: ‘When it absolutely, positively has to be there overnight’