When a commercial truck hits your car, you may wonder who’s responsible for covering your medical costs, lost wages, and other damages. Consequently, “How can I determine liability in an Indiana truck accident?” is a key question in truck accident claims.
The answer may be more complicated than you think.
Establishing Liability After a Truck Accident in Indiana: Who’s Responsible?
While you may assume the trucking company automatically takes responsibility for any collision involving one of its vehicles, this isn’t the case. Several parties could be liable for your injuries.
The Trucking Company
If the driver who hit you is a trucking company employee, the company would be responsible for their actions based on vicarious liability. Many carriers work with independent contractors rather than employees to minimize liability in case an accident happens. However, a trucking company must still run the appropriate background checks when hiring drivers and provide the proper training.
If the carrier made any shortcuts in the trucker’s hiring or training process, set work goals that pressured the trucker to violate the federal hours of service limits, or neglected truck maintenance, they may be responsible for compensating you.
The Truck Driver
If the trucker’s negligent driving led to your accident, your lawyer may help you file a claim against the driver’s insurance company. You’d have to prove some carelessness on the driver’s part, like speeding, failure to yield the right of way, or using a mobile device behind the wheel.
The Truck’s Owner
“How can I determine liability in an Indiana truck accident?” is an even trickier question if the trucking company doesn’t own its commercial vehicles but leases them from a third party. If the accident happened because of poor maintenance, like worn tires or faulty brakes, whoever owns the car and is responsible for its maintenance may be liable.
Maintenance and Cargo Loading Services
It’s also possible the trucking company owns its vehicles but outsources inspection and maintenance to a third-party service. This service could also be liable if neglecting its duties leads to an accident.
Similarly, if another party is responsible for cargo loading, and the driver loses control of the truck because of improperly secured cargo, the loaders may be liable.
Other Motorists
Determining liability in a truck accident can become complicated if the collision involves other vehicles besides your car and the truck. For example, what if the truck driver hit you while swerving to avoid another motorist who suddenly changed lanes? In this case, the trucker’s insurance could argue the other driver was at fault.
What If You’re Partially at Fault?
Sometimes, fault splits between both sides in a truck accident. What if you’re also responsible for the accident to some degree?
In Indiana, you can still claim compensation if you’re partially at fault for an accident, as long as your share of responsibility is 50% or less. Your settlement amount would drop proportionally to your degree of fault.
The other side may try to pin the blame on you to pay you as little as possible. You must work with a skilled lawyer to defend against such underhanded tactics.
Injured in a Truck Accident? Call Tabor Law Firm Today
If you ask, “How can I determine liability in an Indiana truck accident?” leave it to us. At Tabor Law Firm, we know how to establish liability and protect victims’ rights even after complicated truck collision cases. Let our experienced legal team fight for you.
Call (317) 236-9000 or contact us online to schedule a free consultation with a truck accident lawyer.
