Due to its size, weight, and force, the damage caused by a large truck can be catastrophic. When a person is injured in a commercial truck accident, he or she could be paying medical bills, treatment costs, and long-term care expenses. Holding the liable parties accountable for their actions is a necessity. An experienced Carmel truck accident lawyer can help you file a personal injury claim to ensure all parties are held accountable and you receive the compensation you deserve and need.
Who is responsible for a truck accident in Carmel?
Most accidents caused by trucks involve multiple parties. For example, most commercial truck drivers are hired by trucking companies or agencies that ship and transport goods and equipment. In some instances, an independent truck driver may be driving the big rig. Knowing the type of truck driver will help the victim, and their attorney understand who may be liable for compensation. Below are some parties that might be held responsible for a truck accident.
The trucking company may be responsible for an accident. The company might be liable for the accident if they:
- Cut corners by not inspecting or maintaining their vehicles in a proper manner
- Reduced staff and pushed remaining drivers to work more hours
There are many ways in which a trucking company may have contributed to an accident. An experienced truck accident lawyer in Carmel can look at company records and procedures and talk with witnesses to determine if the trucking company may have been at fault.
There are many reasons a truck driver could be responsible for causing an accident. Human error is the leading reason for vehicle accidents. In some accidents, truck drivers have been found liable for injuries or damages due to the following:
- Driving Drowsy during long shifts
- Driving while intoxicated
- Failing to obey traffic laws
- Inexperience on the job
A truck part manufacturer might be responsible for the accident. A truck outfitted with a defective part, such as brakes or power steering, could result in the driver losing control of the truck and causing an accident with severe injuries to the driver and others.
Truck Mechanic or Repair Shop
The truck mechanic or repair shop that worked on the commercial truck could also be liable for causing an accident if they missed something in their maintenance check. The mechanic or shop could have used cheap materials in the repair that did not hold up well. Faulty workmanship could also have been a factor.
Generally, a shipper should always check the registration, license, safety record, and insurance of the driver or trucking company they hire to move their products. When an accident happens, the shipping company may be held responsible if they handled the loading of the truck or hired inexperienced drivers.
An inexperienced driver hauling hazardous materials can be a recipe for disaster. While most commercial trucks are required to be loaded according to strict weight requirements, a shipping company may have tried to circumvent regulations resulting in a rollover accident injuring many others on the road.
Types of Compensation for Which the Responsible Party Could Be Liable
According to Indiana Code 9-18.1-13-1, a commercial vehicle has a weight of at least 16,000 pounds. The EPA states that the average weight of an automobile in 2022 was 4,094 pounds. An impact between a commercial truck and a car would likely result in death or severe injuries to the driver and passenger. The victim would be eligible to receive compensation not only for the damage to their vehicle, but also for the following:
- Current and future medical expenses
- Lost wages and the future loss of earnings
- Emotional and Mental Distress
- Pain and Suffering
Contact Our Experienced Carmel Truck Accident Lawyers
A commercial truck accident involving property damage and significant injuries has many legal complexities in determining liability. An accident could even be due to negligence or product liability that involves even more parties. Wagner Reese’s attorneys are skilled in using effective discovery techniques to uncover evidence and witnesses that can be beneficial during a trial.
With the assistance of an experienced truck accident lawyer, Carmel residents and their families are more likely to get the most equitable award in the shortest time possible. We love to help people protect their future and get what they deserve. Wagner Reese personal injury lawyers will use their years of experience and legal knowledge to file your claim and build a solid case for compensation for what you have experienced. Contact us for a free consultation today!