When a commercial truck hits a passenger vehicle, the people in the smaller vehicle can suffer life-changing injuries. If you were hurt in a vehicle accident involving a semi-truck, tractor-trailer, or delivery truck, the trucking company and its insurer may start protecting their interests right away. An Indianapolis truck accident lawyer can help you respond just as quickly.
Wagner Reese has represented injured people across Indiana since 1997. This page explains what to do after a truck crash, which federal and Indiana rules may apply, who can be held responsible, how deadlines work, and what compensation may be available. It is general information and not legal advice for your situation.
Have questions about a truck crash? Reach out through our contact form to schedule a free consultation, or call 888-204-8440 to talk with our team.
⚠ Time-Sensitive. Indiana Law Limits Your Window to File
Most Indiana truck accident injury claims must be filed within 2 years, and trucking companies often begin building their defense right away.
Free consultation. No attorney fee unless we win. Our team answers calls 24/7.
What to Do After a Truck Accident in Indianapolis
After a truck crash, call 911, get medical care, document the scene if you can, and avoid giving a recorded statement to the trucking company’s insurer until you have spoken with a lawyer. Acting quickly protects both your health and the evidence in your case.
1
Call 911 and Get Medical Care
Report the crash and accept treatment, even if you feel fine. Adrenaline can hide injuries, and medical records connect your injuries to the crash.
2
Document the Scene
If you are able, photograph the vehicles, skid marks, road conditions, and your injuries. Note the truck’s company name, USDOT number, and license plate.
3
Collect Contact Details
Get names and phone numbers for the driver, witnesses, and responding officers. Ask for the insurance information and the police report number.
4
Limit What You Say
Stick to basic facts with police. Do not give a recorded statement or sign a release for the trucking company’s insurer before getting legal advice.
5
Keep Your Records
Save medical bills, repair estimates, pay stubs, and notes about pain and missed work. These records help show what the crash has cost you.
6
Call a Truck Accident Lawyer Quickly
A lawyer can send a written preservation request so the carrier keeps driver logs, electronic data, and video before they are overwritten.
How Truck Accidents Differ From Car Accidents
Truck crashes are not simply larger versions of car crashes. Size, weight, and federal safety rules change how injuries happen and how a claim is built.
According to the Insurance Institute for Highway Safety, 5,340 people died in large truck crashes in 2024, and 62% of those deaths were occupants of cars and other passenger vehicles. The institute also notes that the heaviest trucks can weigh 20 to 30 times as much as a passenger car.
Federal weight standards under 23 U.S.C. 127 allow fully loaded tractor-trailers on the Interstate System to reach 80,000 pounds. That much mass is hard to slow, steer, or stop, which is one reason the force of impact in a truck crash can be so severe.
Truck Crashes Compared With Passenger Vehicle Crashes
| Factor | Truck Crash | Passenger Vehicle Crash |
|---|---|---|
| Size and weight | Loaded tractor-trailers can reach 80,000 pounds on Interstate highways | Much lighter, so less force in a collision |
| Safety rules | Federal motor carrier rules cover hours of service, maintenance, and driver qualification | General traffic laws and state licensing rules |
| Possible defendants | Driver, carrier, shipper or loader, maintenance vendor, manufacturer, or broker | Usually the other driver, and sometimes a vehicle owner or manufacturer |
| Key evidence | Electronic logging data, driver logs, maintenance records, cargo papers, and video | Photos, police report, witness statements, and vehicle data |
| Injury severity | Can include brain injuries, spinal cord injuries, amputations, and death | Ranges from minor to severe |
| Insurance response | Carriers and insurers may begin investigating soon after the crash | Adjusters usually begin after a claim is reported |
Because of these differences, a truck claim usually needs a deeper investigation than a typical car claim. Records held by the carrier, the driver, and outside vendors may all matter.
Common Causes of Indiana Truck Accidents
Federal and state rules exist because the same mistakes appear again and again in serious truck crashes. Investigators often look at the driver, the truck, the cargo, and the company’s practices together.
- Driver fatigue and hours-of-service violations, often tied to tight delivery schedules.
- Distracted driving, including phone use and dispatch screens.
- Speeding, following too closely, or failing to adjust for weather, traffic, and construction zones.
- Impaired driving involving alcohol, drugs, or medication.
- Brake, tire, steering, or coupling failures linked to poor maintenance or defective parts.
- Overweight, unbalanced, or poorly secured cargo. State and federal truck size and weight laws set limits that carriers must follow.
- Negligent hiring, training, or supervision by the trucking company.
Not every crash has a single cause. A fatigue violation may combine with a worn brake and a rushed delivery, and each factor can point to a different responsible party.
Common Types of Truck Accidents
Truck crashes take several forms, and the type of crash often points to what went wrong. The examples below are among the most frequently discussed.
Jackknife Crashes
The trailer swings out at an angle to the cab, often after hard braking, a slick road, or lost traction. Vehicles in nearby lanes can be struck.
Underride Crashes
A smaller vehicle slides under the rear or side of a trailer. Many trailers must have rear impact guards under 49 CFR 393.86, so missing or damaged guards can matter.
Rollover Crashes
High cargo, sharp curves, speed, and shifting loads can lead to a rollover accident that tips the truck onto its side.
Tire Blowouts
A failed tire can cause a loss of control or send heavy debris into traffic. Inspection and maintenance records may show whether the problem was known.
Wide-Turn Crashes
A truck may swing left before turning right, leaving a gap that other drivers enter. The trailer can then sweep or squeeze a passenger vehicle.
Head-On and Rear-End Crashes
Fatigue, distraction, or late braking can cause a head-on collision or a rear-end crash, and loaded trucks need extra distance to stop.
FMCSA Regulations That Apply to Trucking Companies and Drivers
The Federal Motor Carrier Safety Administration (FMCSA) writes many of the safety rules for interstate trucking. When a carrier or driver breaks them, the violation can become important evidence in a claim. Which rules apply depends on the carrier, the cargo, and the trip.
Key Federal Trucking Rules in Plain Terms
| Rule Area | What the Rule Says | Where to Read It |
|---|---|---|
| Hours of service | Property-carrying drivers need 10 consecutive hours off duty before driving, may drive 11 hours within a 14-hour window, and need a 30-minute break after 8 hours of driving time | 49 CFR 395.3 |
| Fatigue and illness | A driver may not operate a commercial vehicle when fatigue, illness, or any other cause makes it unsafe | 49 CFR 392.3 |
| Inspection and maintenance | Carriers must systematically inspect, repair, and maintain their vehicles and keep records | 49 CFR 396.3 |
| Daily inspection reports | Drivers prepare a written report for each vehicle covering brakes, steering, tires, lights, and other parts | 49 CFR 396.11 |
| Driver qualification | Drivers must meet age, license, training, and medical standards | 49 CFR 391.11 |
| Cargo securement | Cargo must be properly distributed and adequately secured | 49 CFR 392.9 |
| Minimum insurance | For-hire carriers of nonhazardous property in interstate commerce must carry at least $750,000 in public liability coverage, and some hazardous cargo requires more | 49 CFR 387.9 |
Hours of Service and Driver Fatigue
Hours-of-service rules limit how long a truck driver can drive without rest. Drivers who push past those limits, or who alter their logs, put everyone nearby at risk. Dispatch records, fuel receipts, toll data, and electronic logging data can show whether a driver was on the road too long.
Maintenance and Inspection Records
Under the maintenance rule, carriers must keep records for each vehicle for 1 year where the vehicle is housed or maintained, and for 6 months after it leaves the carrier’s control. Brake, tire, and steering records often matter most when a crash involves mechanical failure.
Driver Qualification and Screening
A carrier must keep a driver qualification file for each driver it employs under 49 CFR 391.51. The file includes the employment application, the driver’s motor vehicle record, and the road test certificate, among other items. Gaps or warning signs in that file can support claims for negligent hiring or supervision.
Who Can Be Held Liable for a Truck Accident?
Several parties may share responsibility for a truck crash, not just the driver. Liability depends on what caused the crash and who controlled the people, equipment, and cargo involved.
The Truck Driver
Fatigue, distraction, speeding, impairment, or unsafe lane changes can make a driver personally responsible for a crash.
The Trucking Company
A carrier, including a large retailer that runs its own fleet such as Walmart, may be responsible for its employee’s actions and for its own choices, such as hiring, training, scheduling, dispatch pressure, and maintenance.
The Shipper or Loader
A company that loaded the trailer may be responsible if cargo was unbalanced, overweight, or poorly secured.
A Maintenance Provider
A repair shop or contractor that failed to fix brakes, tires, or steering parts properly may share responsibility.
The Parts or Truck Manufacturer
A defective brake, tire, coupling, or other component may support a product liability claim.
A Freight Broker or Owner-Operator Arrangement
Depending on the facts and the law, a broker that selected the carrier, or a company that relied on an owner-operator, may face claims.
Evidence That Can Disappear Quickly After a Truck Crash
Trucks generate a lot of data, but some of it is overwritten or discarded on a schedule. Carriers are required to keep certain records only for a limited time, so early action matters.
Electronic Logging Data
Carriers required to use electronic logging devices must use devices on the FMCSA registered list under 49 CFR 395.22. These records can show driving time and duty status.
Driver Logs and Supporting Documents
A carrier must keep records of duty status and supporting documents for at least 6 months from the date of receipt under 49 CFR 395.8.
Engine and Brake Data
A truck’s engine computer may store speed, braking, and fault information. That data can be overwritten or lost if the truck is repaired or returned to service.
Dashcam and Onboard Video
Many fleets use forward-facing or driver-facing cameras. Footage may be overwritten within days unless someone asks the company to preserve it.
Maintenance and Driver Files
Repair orders, inspection reports, training records, and the driver’s qualification file can show what the company knew about the truck and the driver.
Cargo and Dispatch Records
Bills of lading, weigh tickets, GPS data, and dispatch messages can show the load, the route, and any pressure to meet a delivery deadline.
A preservation letter, sometimes called a spoliation letter, is a written request telling the carrier and other parties to keep this evidence. If a company destroys evidence after it knows a claim is likely, a court may impose penalties, but the safer path is to send the request early.
Your own evidence matters too. Keep photos, damaged property, medical records, and the contact details of witnesses, and avoid posting about the crash on social media.
Indiana Statute of Limitations for Truck Accident Claims
Indiana generally gives you two years from the date of the crash to file a lawsuit for injuries from a truck accident. That deadline comes from IC 34-11-2-4, which requires an action for injury to a person to be commenced within two years after the cause of action accrues.
If a family member died, the personal representative of the estate must bring a wrongful death action within two years under IC 34-23-1-1, generally counted from the date of death. Different rules may apply to claims against government entities, children, or people with legal disabilities, so ask a lawyer about your exact dates.
Indiana Deadlines at a Glance
2 Years
To file an injury lawsuit after the cause of action accrues
2 Years
For the personal representative to file a wrongful death action
50%
Fault level above which Indiana bars recovery for an injured person
Missing the deadline is serious. A late lawsuit may be dismissed, and in most cases that cannot be undone. Evidence also fades long before two years pass, so starting early gives your lawyer time to investigate before the deadline is close.
How Indiana Comparative Fault Can Affect Your Claim
Indiana follows a modified comparative fault system. Under IC 34-51-2-6, you are barred from recovery if your own fault is greater than the fault of all the other people whose fault contributed to your damages. In practical terms, if a jury finds you more than 50% at fault, you may recover nothing.
If your share of fault is 50% or less, you may still recover, but your award is reduced by your share. For example, if a jury finds your damages total $100,000 and you were 20% at fault, your recovery would be reduced by $20,000. This is only an illustration and not a prediction.
Trucking insurers often look for ways to assign you more fault, such as claiming you braked suddenly or merged into a blind spot. Electronic data, video, and an independent crash reconstruction can help show what actually happened.
Compensation You May Be Able to Recover After a Truck Accident
The compensation available in a truck accident claim depends on the facts, the injuries, and the insurance coverage involved. No one can responsibly give you a number before reviewing your records, but the categories below show what a claim may include.
Common Categories of Truck Accident Damages
| Category | What It May Cover | Type |
|---|---|---|
| Medical expenses | Emergency care, surgery, hospital stays, rehabilitation, medication, and future treatment | Economic |
| Lost income | Wages and benefits missed while you recover | Economic |
| Loss of earning capacity | Reduced ability to work or earn in the future because of lasting injuries | Economic |
| Property damage | Repair or replacement of your vehicle and personal items | Economic |
| Pain and suffering | Physical pain, discomfort, and limits on daily activities | Non-economic |
| Mental anguish | Anxiety, trauma, and loss of enjoyment of life | Non-economic |
| Wrongful death damages | Medical, hospital, funeral, and burial expenses, and the lost earnings of the person who died | Economic and non-economic |
Punitive damages are different. They are meant to punish especially serious misconduct, not to cover losses. Indiana requires proof by clear and convincing evidence under IC 34-51-3-2, and a punitive award generally cannot exceed the greater of three times the compensatory damages or $50,000 under IC 34-51-3-4.
Free Case Review
Talk With a Truck Accident Lawyer Before Key Evidence Is Lost
Our team can review what happened, explain your options, and help you decide what to do next. There is no fee unless we win your case.
Insurance Company Tactics After a Truck Crash
Trucking insurers are in business to limit what they pay. Knowing the common tactics can help you avoid mistakes while you recover.
Common Insurer Tactics and Ways to Respond
| Tactic | What It May Look Like | What Can Help |
|---|---|---|
| Quick settlement offer | A call within days offering a payment to close the file | Review any offer with a lawyer before you accept, since a settlement usually ends the claim |
| Recorded statement request | Open-ended questions about speed, pain, and what you were doing | Decline until you have legal advice |
| Shifting blame | Claims that you braked suddenly, merged poorly, or share fault | Preserve video and electronic data that show what happened |
| Downplaying injuries | Pointing to gaps in treatment or pre-existing conditions | Follow your treatment plan and keep complete medical records |
| Delay | Slow responses while the filing deadline moves closer | Track the two-year deadline and keep your lawyer involved |
A lawyer can handle communication with the insurer, protect you from statements that could be used against you, and push back when a low offer does not reflect your losses.
Truck Crashes on Indianapolis Interstates
Indianapolis sits where several major freight routes meet. In its 2023 Multimodal Freight and Mobility Plan, the Indiana Department of Transportation lists I-465, I-65, I-69, and I-70 among Indianapolis roadways with unreliable truck travel times, and describes I-465, I-65, and I-70, among others, as major truck corridors carrying large volumes of commodities.
Because many carriers move freight across state lines, a crash on one of these routes may involve a driver or company based outside Indiana. Our Indianapolis personal injury team can review where the crash happened, who was operating the truck, and which rules may apply.
Serious Injuries Common in Truck Accidents
Because of the forces involved, truck crashes can cause catastrophic injuries that change how a person lives and works. These may include brain injuries, spinal cord injuries, internal bleeding, burns, broken bones, and amputations.
Long-term care, rehabilitation, and lost earning capacity can add up quickly. Documenting future needs with your treating doctors early in the process helps your lawyer show the full cost of the crash.
How Wagner Reese Approaches a Truck Accident Case
Every truck accident case starts with the facts. Our attorneys review the crash, the injuries, and the companies involved, and then decide which evidence needs to be preserved first.
- Send preservation requests to the carrier and other parties so key records and data are kept.
- Investigate the crash with accident reconstruction professionals, medical providers, and other consultants when the facts call for it.
- Prepare each case as if it may go to trial while negotiating with insurers for fair compensation.
We handle truck accident cases on a contingency fee basis, so you pay no attorney fee unless we recover compensation for you. Your first consultation is free.
Frequently Asked Questions About Truck Accidents in Indianapolis
Below are answers to questions we hear often from people hurt in truck crashes. They are general information, not a substitute for advice about your own case.
How long do I have to file a truck accident lawsuit in Indiana?
In most cases, you have two years from the date of the crash to file a lawsuit for injuries. A wrongful death action must generally be filed by the personal representative within two years of the death. Different rules can apply to claims against government entities, so speak with a lawyer about your dates as soon as you can.
Who is liable in an Indianapolis truck accident?
More than one party may be responsible. Depending on the facts, that can include the truck driver, the trucking company, a shipper or loader, a maintenance provider, a parts manufacturer, or a freight broker. A thorough investigation of logs, maintenance records, and cargo documents helps identify who is responsible.
What should I do right after a truck accident in Indianapolis?
Call 911, get medical care, and take photos of the scene, the vehicles, and your injuries if you can. Collect contact information, avoid giving a recorded statement to the trucking insurer, and contact a lawyer quickly so evidence such as driver logs and video can be preserved.
How much is my truck accident case worth?
There is no fixed amount. Value depends on your medical expenses, lost income, future care needs, the strength of the evidence, how fault is divided, and the insurance coverage available. A lawyer can estimate a range only after reviewing your records.
Can I still recover if I was partly at fault for the crash?
Possibly. Under Indiana law, you are barred from recovery if your fault is greater than the fault of everyone else involved, which in practice means more than 50%. If your share is 50% or less, your compensation is reduced by your percentage of fault.
How much does a truck accident lawyer cost?
We handle truck accident cases on a contingency fee basis. That means you pay us a percentage of your compensation only if we win your case, and you owe no attorney fee if we do not recover compensation. The first consultation is free.
What if a family member died in a truck accident?
Many families can pursue a wrongful death claim after a fatal truck crash. The claim is brought by the personal representative of the estate and must generally be filed within two years. A lawyer can explain who may recover and what damages may be available.
How long does a truck accident claim take?
It depends on the case. Claims with clear fault and fully documented injuries may resolve sooner, while claims involving serious injuries, disputed fault, or a trial can take much longer. Waiting until you understand your future medical needs before settling helps protect your recovery.
Still have questions about your truck accident?
Tell us what happened and we can explain your options at no cost.
Contact an Indianapolis Truck Accident Lawyer at Wagner Reese
Truck companies and their insurers have teams working to limit what they pay. You deserve a legal team of your own. Contact Wagner Reese for a free consultation, or call us any time at 888-204-8440. We answer 24/7, and you pay no attorney fee unless we win.
