Free Consultation

Car Accidents

Our Indianapolis Trucking Accident Attorneys Are Ready To Help

Have you been in an accident with a semi-truck? At Ladendorf, Fregiato & Bigler, our lawyers specialize in representing truck accident victims.

If you’ve spent any time driving around Indiana’s interstates, you’ve likely seen the aftermath of semi-truck accidents. Whether it’s I-70 to Columbus, I-65 to Chicago, or I-74 to Cincinnati, the combination of high speeds and heavy trucks often spells disaster.

At Ladendorf Fregiato & Bigler, we’re experienced in trucking accident lawsuits, in dealing with trucking companies, and in establishing negligence in complicated cases. Contact us today at 317-842-5800 for a free consultation on your case.

“What stood out most was how they genuinely cared, not just about the process, but about me. Taylor was responsive, honest, and steady, and the entire team worked with integrity and heart. I honestly can’t thank them enough. If you’re looking for a team that will treat you with dignity and give you their full attention, this is the firm you want behind you.”

– J. Baker

 

lawyers at Ladendorf Fregiato & Bigler

What is Truck Driver Negligence?

Many factors can lead to trucking accidents; however, most 18-wheeler accidents are completely preventable. Some of the most common causes of negligence in truck accidents include:

  • Fatigue and truck driver exhaustion due to strict deadline demands
  • Driving semi-trucks at high speeds
  • Driving under the influence or drunk driving
  • Poorly maintained trucks leading to failure of certain parts
  • Use of defective auto parts
  • Using cellphones while driving
  • The truck driver’s general negligence

Do I Really Need a Truck Accident Lawyer?

The short answer? Yes.

The National Highway Traffic Safety Administration estimates that over 130,000 truck accidents are recorded in the United States annually. Of all the trucks involved, tractor-trailers and semis represent only 3%, yet they account for over 25% of the fatalities.

The sad thing to note about these trucking accidents is that they are almost always the result of negligence on the part of one or more parties — yet proving negligence and getting the compensation you deserve can be tricky.

That’s where a lawyer comes in. Often, trucking companies and their respective insurance firms will move with speed to try and limit their liability following such collisions. They are fond of confronting the victims when they are most vulnerable – immediately after the accidents.

If you find yourself to be a victim of a truck driver’s negligence, it’s imperative that you contact a trucking accident attorney as soon as possible to protect your rights. At Ladendorf, Fregiato & Bigler, we can stand up to big trucking businesses, insurance companies, and their pack of attorneys to ensure that none of your rights are violated. We have experience in proving negligence, investigating accidents, and doing what needs to be done to protect you.

What Compensation Can I Expect in a Truck Accident Lawsuit?

As a truck accident victim, you’re likely wondering what compensation you may be eligible to receive in Indiana. The exact compensation you can get depends on a variety of factors, including whether or not you can prove liability, the insurance involved, and the extent of your injuries.

Because 18-wheelers and other commercial vehicles are so large, the destruction to other motorists can prove severe. Common injuries include broken limbs, head and brain injuries, spinal cord injuries, back and neck injuries, and damage to internal organs, among others. In addition to physical damages, you may also be entitled to emotional, mental, and property damages.

Some common damages in truck accident cases include:

  • Present and future medical expenses
  • Loss of current and future income
  • Pain and suffering
  • Emotional trauma
  • Auto repairs
  • Therapy costs

In a free consultation, you can ask our attorneys how much your case may be worth.

“Matt, Cathy, and the rest of the team at Ladendorf Law are the best! Matt truly cared about my injury and wanted to do everything he could to pay off my medical bills and compensate me for my injury. He really goes to bat for your best interests and treats you like family. It was a great experience to work with such a professional and caring group of people!”

– Andrew B.

FAQs about Truck Accidents

You never expected you’d be in a serious crash involving a semi truck, yet here you are. Your world is completely different, from physical therapy appointments to (likely frustrating) communications with your insurance company. We understand what you’re going through because we have helped countless other Hoosiers in similar situations.

You likely have lots of questions about the legal process after a truck accident — here are several frequently asked questions we receive from clients. If you’d like to discuss your case with a lawyer, please reach out at 317-842-5800 for a free consultation.

How is fault proven in a trucking accident?

Determining liability, or fault, in a truck accident can be very complex. Indiana uses a modified comparative fault system, which means that each party is assigned a fault percentage. Investigators review police reports, witness statements, and any video footage or other evidence to determine the degree of fault for each party — as long as you’re not found to be 51% or more at fault for the accident, you may be able to recover damages from the other party.

Sometimes there are issues of third-party liability (the liability of a party other than you and the truck driver). It takes lawyers with truck accident experience to carefully investigate the scene and determine the at-fault party.

As a truck accident victim, what compensation may I be eligible to receive?

Because 18-wheelers and other commercial vehicles are so large, the destruction to other motorists can prove severe. Some common damages include:

  • Present and future medical expenses
  • Loss of income
  • Pain and suffering
  • Emotional trauma
  • Auto repairs
  • Therapy costs

In a free consultation, you can ask our attorneys how much your case may be worth.

Why should I work with an attorney?

Trucking companies act quickly to cover their backs by hiring powerful lawyers, crime scene investigators and expert witnesses. If you’ve been hit by a truck, you need to level the playing field by hiring legal counsel with experience in these kinds of trucking accident cases in Indiana. A lawyer can ensure that you receive full and just compensation for your damages.

I lost a family member in a truck accident. What are my options?

You may have grounds for a wrongful death accident claim. This is when the deceased person’s personal representative files a lawsuit against the negligent party or parties. This can help you hold the perpetrator accountable for their actions and cover funeral costs and other damages.

What are the minimum insurance limits for a trucking company?

In Indiana, semi-trucks, like other commercial vehicles, must carry specific insurance coverages to ensure they’re legally operating and financially protected. The minimum insurance requirements for semi trucks can vary depending on the type of cargo being transported and the weight of the truck. In general, the minimum insurance requirements are much higher for semi trucks than for passenger vehicles.

According to the Federal Motor Carrier Safety Administration (FMCSA), the minimum insurance requirements for commercial motor vehicles (which include semi trucks) are:

  • $300,000 for trucks weighing under 10,001 pounds transporting nonhazardous freight
  • $750,000 for trucks weighing over 10,001 pounds transporting nonhazardous freight
  • $1 million for trucks transporting hazardous materials or passenger vehicles with over 15 passengers

It is important to note that these are only the minimum requirements, and many companies choose to carry higher levels of insurance to protect themselves in the event of a lawsuit.

Additional Considerations:

Intrastate vs. Interstate: Semi-trucks operating solely within Indiana (intrastate) must comply with Indiana Department of Revenue requirements and file proof of insurance with the Indiana Secretary of State. Those crossing state lines (interstate) must adhere to both Indiana and Federal Motor Carrier Safety Administration (FMCSA) regulations

UIIA Requirements: For intermodal freight hauling, truckers must meet UIIA (Uniform Intermodal Interchange and Facilities Access Agreement) requirements, which often involve higher limits for liability ($1,000,000) and cargo insurance, along with specific endorsements.

What is the time limit for filing a lawsuit after a truck accident in Indiana?

In Indiana, you have a two-year window following the truck accident to initiate a lawsuit. This is the statute of limitations. Missing this deadline can result in forfeiting the right to sue, so please don’t wait to seek legal help.

What types of evidence are crucial in proving fault in a truck accident?

To establish fault in a truck accident, several types of evidence are essential:

  • Police accident reports
  • Statements and testimony from witnesses to the accident
  • Photographs and videos of the accident, the accident scene and the resulting damage
  • Truck driver logs related to hours of service and other regulations
  • Information from the truck’s electronic control module (ECM), also known as the “black box”

Black box data can reveal critical information about the truck’s speed, braking and other actions leading up to the crash.

Can I still get compensation if I was partly responsible for the truck accident?

Yes, you can, as long as you were 50% or less to blame for the accident. Indiana uses a comparative fault system. Under this system, your total available compensation will be lowered by the proportion of fault assigned to you.

What must I do to prove the truck driver was negligent?

To establish negligence, you need to demonstrate the following:

  • The truck driver had a responsibility to operate the vehicle safely and comply with traffic laws.
  • The driver failed to meet this responsibility by acting carelessly or breaking regulations, such as speeding or driving while tired.
  • The driver’s failure to drive responsibly directly led to the accident.
  • You experienced injuries or other losses due to the accident.

Evidence, such as police reports, witness statements, and electronic data, can help you prove these elements and show that the truck driver was negligent.

What should I anticipate during the legal process for a truck accident claim?

The legal process for a truck accident claim usually involves several steps:

  1. Initial consultation: Meet with an attorney to discuss your case and determine the best approach.
  2. Investigation: Your attorney will gather evidence, talk to witnesses and review documents.
  3. Filing the claim: A claim will be filed with the insurance company or directly against those responsible.
  4. Negotiation: Your attorney will negotiate with the insurance company to seek a fair settlement.
  5. Litigation: If a settlement isn’t reached, your case may proceed to court, where a judge or jury will decide the outcome.

Throughout this process, your attorney will work to defend your rights and strive to secure the compensation you deserve for your injuries and losses.

Reach Out To A Trusted Lawyer In Indianapolis

When you are involved in a trucking accident, it’s crucial that you reach out to an attorney as soon as possible. Resist the temptation to discuss the accident with anybody, sign documents, assume any fault or agree to any form of settlement – monetary or otherwise.

Our lawyers have the skills, experience and knowledge to give you the best representation against trucking and insurance companies. We’ll fight to get the most favorable verdict or compensation on your behalf, and we won’t charge you any legal fees unless you get compensated.

To schedule a free consultation, you can contact us online or call [nap_phone id=”LOCAL-CT-NUMBER-2″].

“Matt and his team were incredible to work with. They showed genuine concern during my recovery process, took extra time to explain all the steps, and fought for me behind the scenes. I was treated with heartfelt care and respect, as a member of the Ladendorf family. While I hope that I never have another need to hire them, I absolutely wouldn’t hesitate to do so.”

–Anna M.