When you’re driving on the road and you look out the car window, and suddenly you see a 13-foot tall, 53-foot long, 80,000-pound semi-trailer riding on 18 huge wheels next to you—it’s only natural to feel intimidated. If you have been injured in a commercial vehicle collision, you need the services of an experienced Terre Haute truck accident lawyer. The legal professionals at Fleschner, Stark, Tanoos & Newlin represent the victims who need us the most.
To help avoid a truck accident and remain safe when driving next to large tractor-trailers—such as package trucks, delivery trucks, and cargo vans—drive cautiously and adhere to the following guidelines:
Trucks brake 20% to 40% slower than other vehicles. When passing a truck, be sure to give them an acceptable amount of space so that if you both have to make an emergency stop, there will be plenty of time to brake.
Trucks have large blind spots called “no-zones.” No-zone areas exist around the front, back, and sides of the truck. When driving next to a truck you should always consider the position of your vehicle and whether or not you think the truck driver can see you.
Never try to get in between a truck and another object, such as another vehicle or a curb. Trucks make wide turns and need lots of room to maneuver, so you should always allow them the space they need.
Practicing these safety measures, along with abiding the law while driving, can help reduce your chances of being involved in a truck accident. However, you may not be able to avoid being in one completely. If you are injured in a truck crash, reach out to our Terre Haute attorneys for help.
If you’re involved in a trucking accident, taking the following steps can help you get the compensation you deserve:
Immediately following a truck accident, it is imperative to write down the names and phone numbers of everyone involved in the collision. It is also important to talk with people who witnessed the accident and take note of the specific statements they make.
As soon as possible, take pictures at the scene of the collision and of your vehicle. If feasible, take pictures of the other vehicles involved in the truck accident. You should also take pictures of your injuries and the healing process. It is best to make notes for all of the pictures taken.
Whether you have suffered an injury as a result of the accident or not, schedule an appointment with your own physician as soon as possible. This ensures that any injuries which you might be unaware of are accounted for.
Before signing any statements, contact an attorney who is experienced in helping those who have been injured in Terre Haute truck accidents caused by negligence. The attorneys at Fleschner, Stark, Tanoos & Newlin are determined to rectify the tragedy you have suffered.
Acting quickly after a truck crash is especially important. As Caleb Fleschner explains, “In trucking cases, evidence can disappear in a matter of days. Black box data, driver logs, and maintenance records can all be overwritten or lost if we don’t act fast. Calling an attorney immediately is the best way to preserve the evidence you need to prove your case.”
The injuries and damages that a person can suffer as a result of a truck accident are almost unthinkable—not to mention the resulting doctor bills, medical treatment, and car repairs.
The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
After a truck accident in Terre Haute, your first priority is to call 911 to report the crash and request medical help, then seek prompt medical evaluation. If you are able, document the scene by taking photos and videos of the vehicles, damage, road conditions, and any visible injuries, and gather contact information from the truck driver (including the company and DOT number) as well as any witnesses. Avoid admitting fault or providing detailed statements to the trucking company or insurance adjusters, and keep any communication with your own insurer brief and factual. It is also important to contact an attorney as soon as possible so they can issue a spoliation letter and act quickly to preserve critical evidence such as black box data, driver logs, and maintenance records before it is lost or overwritten.
Truck accident cases are significantly more complex than typical car accident claims due to the layers of regulation, liability, and high stakes involved. They are governed by federal rules from agencies like the Federal Motor Carrier Safety Administration, which set strict standards for driver hours, vehicle maintenance, and safety, which are requirements that do not apply to ordinary drivers. Liability is also broader, as these cases may involve multiple responsible parties, including the driver, the trucking company, maintenance providers, cargo loaders, or even equipment manufacturers. In addition, commercial trucks carry much higher insurance policy limits, which often leads to more aggressive defense tactics by trucking companies and their legal teams, who may begin investigating immediately after a crash. Because of this, it is critical to act quickly to secure key evidence and ensure that all responsible parties are properly identified and held accountable.
In a commercial truck accident, liability often extends beyond the driver. Because these cases involve complex supply chains and federal safety regulations, multiple parties can be held responsible for your injuries:
Under Indiana’s comparative fault rules, a court can assign a percentage of blame to each of these parties. Identifying every responsible entity is the most effective way to ensure you receive the full compensation you deserve.
In a trucking accident case, a wide range of evidence is critical to determining what happened and who is responsible, particularly because the industry is heavily regulated and generates an extensive paper trail. Key evidence includes black box (event data recorder or ECM) data, which can reveal speed, braking, and driver actions leading up to the crash; electronic driver logs (ELDs) and hours-of-service records required by the Federal Motor Carrier Safety Administration to determine whether fatigue or rule violations played a role; maintenance and inspection records that may show neglected repairs or safety issues; dash cam footage and GPS tracking data that provide real-time insight into the truck’s movement and the driver’s behavior; and driver qualification files, including training history, prior violations, and drug and alcohol testing results. Because trucking companies are only required to retain certain records for a limited time, sometimes as little as six months, it is essential to act quickly and issue a spoliation letter to ensure that this critical evidence is preserved and not lost or destroyed.
In Indiana, you generally have two years from the date of a truck accident to file a personal injury lawsuit under the state’s statute of limitations, and missing this deadline can result in losing your right to pursue compensation entirely. However, it is important to act much sooner, as truck accident cases often involve time-sensitive evidence such as black box data, driver logbooks, dashcam footage, and maintenance records that can be lost, deleted, or overwritten in as little as 90 days if steps are not taken to preserve it. Additionally, in cases involving government-owned vehicles, such as city or county trucks, a formal tort claim notice may be required within as little as 180 days. Taking prompt action allows your legal team to secure critical evidence and ensure all deadlines are met, helping protect your ability to recover compensation.
After a semi-truck accident in Indiana, you may be entitled to compensation for both the financial and personal impact of the crash, depending on the severity of your injuries. This typically includes economic damages such as medical expenses from emergency care, hospital bills to surgeries, medications, rehabilitation, and any future medical treatment, as well as lost wages during recovery and loss of earning capacity if you are unable to return to work at the same level. You may also recover non-economic damages for pain and suffering, which account for physical pain and emotional distress, along with compensation for permanent disability, disfigurement, or loss of enjoyment of life. In some cases, damages may also include loss of consortium for the impact on relationships with a spouse or family. Even if you were partially at fault, you can still recover compensation under Indiana’s modified comparative fault rule, as long as you are 50% or less responsible; however, your recovery will be reduced by your percentage of fault, and if you are found 51% or more at fault, you cannot recover damages.
The value of a truck accident case in Terre Haute is determined by the unique details of the crash rather than a set average, as compensation is calculated based on the total financial and personal toll on your life. Key factors include the severity of your injuries, with catastrophic cases like brain or spinal cord damage commanding higher values, and the clarity of liability, particularly if evidence from a truck’s “black box” proves violations of federal safety regulations. We account for all economic losses, including current and future medical bills and lost earning capacity, as well as non-economic damages like chronic pain and emotional distress. Because commercial trucks carry significantly higher insurance policy limits (often $750,000 to $5 million or more), there is a larger pool for recovery, but the increased complexity makes a detailed evaluation essential to ensuring you receive the full compensation you deserve.
Fleschner, Stark, Tanoos & Newlin