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Indiana Attorneys Hold Negligent Truck Drivers Accountable

Managing personal injury and wrongful death claims in Indiana, Michigan and Illinois

If you’ve been injured in a truck accident, your right to compensation may depend on a finding that the truck driver was negligent. If another motorist was to blame, there might not be enough insurance to compensate for your losses. Or, if you are at least partially at fault, you could have your recovery reduced or completely barred. That’s why, when a truck accident occurs, attention focuses immediately on the truck driver. At Marshall P. Whalley & Associates, PC, our attorneys thoroughly investigate every aspect of your accident. Our firm has protected the rights of accident victims for more than 30 years. We are determined to see you get the full compensation you deserve.

Common examples of truck driver negligence

Despite additional training and responsibility, commercial drivers are just as prone to negligent actions as other drivers. Examples of truck driving negligence include:

  • Speeding — Excessive speed is a factor in a significant number of truck accidents. Truckers must observe the posted speed limit for common carriers, not for passenger vehicles.
  • Distracted driving — Truck drivers spend hours on the road, but a brief few seconds of distraction can result in tragedy.
  • Drunk driving — The legal limit for blood alcohol content for a commercial truck driver is 0.02 percent.
  • Texting — Composing or reading a text message requires a driver to take his eyes off the road.
  • Tailgating — When commercial trucks follow passenger cars too closely, they don’t leave enough stopping distance to prevent a collision if the car needs to apply the brakes suddenly.
  • Running a stop sign/red light — A commercial truck rolling illegally through an intersection presents an enormous obstacle to traffic.
  • Driving while fatigued — Studies show that fatigued driving can be just as incapacitating as driving under the influence of alcohol or drugs.

Building a case for negligence in a trucking accident is not always easy. Our injury attorneys interview witnesses, including the truck driver, subpoena records and consult with accident reconstruction experts to get the facts right.

Is the trucking company liable for a driver’s negligence?

There is a long-standing common law principle that the employer must answer for the negligence of its employees while they are acting for the employer’s benefit. So, as long as the driver was on the job and the driver’s actions were not intentional, the truck company must compensate victims for the harm the driver caused. In the unlikely event that the driver was suffering intense road rage and deliberately caused a collision, the company might not be liable. This concept of vicarious liability is important, because it compels the truck company’s insurance to cover the accident. In cases of owner-operated trucks, this is a moot point, since there is no real distinction between the driver and the company.

Our Indiana trial lawyers can answer your questions about truck accidents

Proving negligence in a commercial truck case can be difficult, so if you’ve been injured, you want experienced and knowledgeable counsel. Visit Marshall P. Whalley & Associates, PC for a free consultation and case evaluation. To learn how our attorneys can deliver the results you deserve, call 219.769.2900 or contact our Crown Point office online.

 

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