You may be eligible for compensation if you’re a truck driver injured on the job. In 2021, truck occupants made up 17% of large-truck crash deaths and 27% of injuries in the U.S. These injuries can happen due to a collision with another vehicle, equipment malfunction, or unsafe work conditions.

Whether the injury was caused by employer negligence, another driver’s recklessness, or faulty vehicle components, you have rights. Depending on the circumstances, you can seek a settlement for medical bills and lost wages with the help of an Indiana truck crash lawyer from Wagner Reese.

Common Causes of Truck Accidents

Truck accidents often arise from oversight or negligent actions involving other motorists, unsafe equipment, or a trucking company’s failure to adhere to safety rules. The cause of truck accidents plays a role in determining when and how you can receive compensation as an injured driver.

  • Negligence of other motorists: Many truck accidents are a result of the inattentive or impulsive actions of passenger vehicle drivers. This often involves tailgating or abruptly cutting in front of a truck, leaving the trucker with insufficient room to navigate safely.
  • Unsafe equipment: Equipment failures, such as brake malfunctions or tire blowouts, can lead to devastating accidents if the truck is not properly maintained or checked before a trip. Equipment failure can also be due to manufacturing defects or poor product design.
  • Not following safety rules: When trucking companies ignore FMCSA hours-of-service regulations or overextend their drivers, they increase the likelihood of accidents due to fatigue or impaired judgment.
  • Driver fatigue or inexperience: Long hours on the road without proper rest can impair a driver’s judgment, and a lack of training by the trucking company can result in inexperienced drivers improperly handling challenging road situations.
  • Poor road conditions or lack of signage: Uneven roads, potholes, or areas without clear signage can be hazardous for truck drivers, especially if they are unfamiliar with the route. This can be made worse due to negligent road maintenance by city or state transportation departments.

How Can You Pursue Compensation?

The path to securing compensation following a truck accident can differ depending on the specifics of the event. Factors such as the responsible party and your employment situation at the time can impact your settlement options.

  • Passenger vehicle insurance: If another driver caused your accident, you could file a claim against that driver’s insurance. Indiana has a minimum requirement of $25,000 for bodily injury per person and $25,000 for property damage, but many drivers have higher coverage. You can seek a settlement based on their policy limit and your injuries.
  • Product liability claim: If the accident was caused by a defective product or part, such as faulty brakes or tires, you could file a product liability claim against the manufacturer or distributor. This claim argues that the product was defectively designed, manufactured, or lacked proper warnings, making the company responsible for your injuries.
  • Workers’ compensation benefits: Most employers in Indiana are required to carry workers’ compensation insurance. You can file a claim for workers’ compensation benefits if you suffered injuries while working as an employee of the trucking company. This can cover medical bills, rehabilitation, and up to two-thirds of your average weekly wage.
  • Employer’s auto insurance: You might be able to claim against your employer’s uninsured/underinsured motorist coverage if the at-fault driver’s insurance doesn’t cover all the damages you suffered.

Also, if your employer’s malicious negligence led to the accident, like knowingly maintaining a fleet of faulty trucks, you might pursue an injury claim against them outside workers’ comp.

However, these situations are rare and require the help of a skilled Indiana work accident lawyer to prove negligence and help you understand your options.

  • Personal injury lawsuit: If you are an independent contractor and don’t qualify for workers’ compensation, you might be able to sue other at-fault drivers involved in the crash or other at-fault parties. This can help you cover medical bills, lost wages, pain and anguish, and other expenses.

Seek a Fair Settlement with Wagner Reese

Dealing with the effects of a trucking accident can be challenging due to the complexity of the accident in addition to your injuries, bills, and missed pay. Wagner Reese is here to support and fight for you.

We have a history of standing by truck drivers when they are injured through no fault of their own, and are committed to helping you get the compensation you deserve. Reach out to our skilled legal team today for a free consultation and get the support you need to receive the settlement you deserve.