Indiana Truck Accident Laws: Protecting Your Rights on the Road

Posted on January 19, 2026 by admin

Thousands of commercial trucks traverse Indiana’s highways daily, from the bustling corridors of I-65 and I-70 to rural state roads. While these vehicles are essential for the economy, their sheer size and weight make them incredibly dangerous in the event of a collision. When a passenger vehicle and a semi-truck collide, the results are often catastrophic, leaving victims with severe injuries, mounting medical bills, and a confusing legal landscape to navigate.

Recovering from such a traumatic event is difficult enough without the added stress of legal uncertainty. Unlike a standard car crash, accidents involving commercial trucks trigger a complex web of state and federal regulations. Evidence disappears quickly, trucking companies deploy rapid response teams to limit their liability, and insurance policies often involve millions of dollars, raising the stakes significantly for everyone involved.

Understanding your rights under Indiana law is the first step toward securing the compensation you need to rebuild your life. Whether you are dealing with a distracted driver, a fatigued operator, or a trucking company that cut corners on maintenance, specific statutes protect you. This guide explores the essential legal frameworks governing truck accidents in the Hoosier State and outlines the critical steps necessary to protect your future.

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Understanding Indiana Truck Accident Laws

Truck accident claims in Indiana are governed by a combination of state negligence laws and federal safety regulations. Understanding how these rules interact is vital for establishing who is at fault and proving your right to compensation.

Negligence and the “Modified Comparative Fault” Rule

Indiana operates under a modified comparative fault system (Indiana Code § 34-51-2). This rule fundamentally changes how damages are awarded compared to other states. Under this system, you can recover compensation as long as you are not more than 50% at fault for the accident.

If a jury determines you are 51% or more responsible for the crash, you are barred from recovering any damages. Furthermore, if you are found to be partially at fault (but 50% or less), your compensation is reduced by your percentage of fault. For example, if your damages total $100,000 but you are found 20% at fault, you would receive $80,000.

Federal Regulations and “Negligence Per Se”

While state law determines liability, federal rules often set the standard of care. The Federal Motor Carrier Safety Administration (FMCSA) enforces strict rules (49 CFR Parts 300-399) that truck drivers and companies must follow. Violating these rules can sometimes constitute “negligence per se,” meaning the violation itself is proof of negligence.

Common regulations include:

Hours of Service (HOS): To prevent fatigue, drivers are generally limited to driving 11 hours within a 14-hour window after 10 consecutive hours off duty.
Maintenance and Inspection: Trucks must undergo rigorous maintenance and pre-trip inspections. Failure to maintain brakes, tires, or lights is a frequent cause of liability.
Weight Limits: Overloaded trucks are harder to stop and more prone to rollovers.

Statute of Limitations

Time is a critical factor in any legal claim. In Indiana, the statute of limitations for personal injury claims is generally two years from the date of the accident (Indiana Code § 34-11-2-4). If you fail to file a lawsuit within this window, you will likely lose your right to seek compensation forever. Note that claims against government entities (like if a city-owned truck hit you) often have much shorter notice deadlines, sometimes as short as 180 days.

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Determining Liability in Truck Accidents

In a typical car wreck, you usually sue the other driver. In a truck accident, the list of potentially liable parties is much longer. Indiana law recognizes the doctrine of respondeat superior, which often holds an employer liable for the negligent acts of an employee performed within the scope of their employment.

Potential defendants often include:

The Truck Driver: For errors like speeding, distracted driving, or driving under the influence.
The Trucking Company: For negligent hiring practices (like hiring a driver with a suspended license), failing to train drivers, or pushing drivers to violate hours-of-service rules.
Cargo Loaders: If shifting cargo caused the truck to jackknife or rollover, the company responsible for loading the trailer might be liable.
Vehicle Manufacturers of Repair Facility: If a defective part, such as a blown tire or failing brakes, caused the crash.

Steps to Take After a Truck Accident

The moments immediately following a collision are chaotic, but the actions you take can significantly impact your legal case.

Stop and Remain at the Scene: Indiana Code § 9-26-1-1.1 requires drivers involved in an accident resulting in injury, death, or entrapment to stop immediately, provide reasonable assistance, and notify law enforcement.
Seek Medical Attention: Your health is the priority. Even if you feel fairly fine, adrenaline can mask injuries. A medical record linking your injuries to the crash is essential evidence.
Gather Evidence: If you are physically able, take photos or videos of the vehicles, skid marks, road conditions, and any visible injuries. Collect names and contact info from witnesses.
Report the Accident: Ensure a police report is filed. You can obtain a copy of this report later (typically via the “BuyCrash” system mentioned by the Indiana State Police) as it serves as an unbiased account of the incident.
Contact an Attorney Immediately: Immediate requests to preserve evidence are vital in these cases. For example, if a semi-truck is hauling a heavy load and some of the load falls off on the highway and strikes a vehicle, it is vital to inspect how the load was “secured” and by who prior to the remaining cargo being unloaded, which usually happens quite quickly after the semi-truck and trailer are towed back to the owner’s property or to a tow yard. The evidence could show the shipper was negligent in how they secured the load prior to the truck driver picking up the load. Contact Craven, Hoover & Blazek, P.C. to book a free case review as soon as possible after the collision.

Types of Personal Injury Compensation Available

Victims of truck accidents in Indiana are entitled to “damages” to make them whole again. These generally fall into two categories: economic and non-economic damages.

Medical Expenses: Includes current bills (ambulance, ER, surgery) and future costs for rehabilitation or long-term care.
Lost Wages: Reimbursement for income lost while recovering. If you cannot return to your previous job, you may claim “loss of earning capacity.”
Property Damage: The cost to repair or replace your vehicle and any personal items inside.
Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
Wrongful Death: If a loved one was killed, surviving family members might recover damages for funeral costs, lost financial support, and loss of love and companionship.

The Role of a Truck Accident Attorney

Truck accident cases are not DIY projects. Trucking companies have aggressive legal teams and insurance policies often worth millions. An experienced Indiana truck accident attorney levels the playing field by:

Sending a Spoliation Letter: This critical document prevents the trucking company from destroying vital evidence like the truck’s “black box” (ECM) data, driver logs, the semi and trailer and maintenance records.
Consulting Experts: Attorneys work with accident reconstructionists to prove how the crash happened and medical experts to calculate the true cost of your injuries and damages.
Handling Negotiations: Your lawyer manages all communication with insurers, protecting you from tactics designed to devalue your claim.
Handling Litigation: Your lawyer will handle all litigation matters, if necessary, freeing you up to concentrate on recovering from your injuries and taking care of your family.

Frequently Asked Questions

Can I sue the trucking company if the driver was an independent contractor?

It depends. While independent contractors generally bear their own liability, federal regulations often view the trucking company as the “statutory employer” to prevent companies from avoiding responsibility. An attorney can help determine if the company can still be held liable.

How long does a truck accident settlement take?

Timeline varies significantly based on the complexity of the case and the severity of injuries. Some settle in months; others involving severe disputes over liability or damages may take a year or two or require a trial. You never want to settle our case prior to knowing if you have sustained permanent injuries or not.

IN SUMMARY

Navigating the aftermath of a commercial truck accident is overwhelming, but you do not have to face it alone. Indiana laws provide a pathway to justice, ensuring that negligent drivers, trucking companies and their insurance carriers are held accountable for the harm they cause. By acting quickly and securing professional legal representation, you protect your right to the financial resources needed for your recovery and for your pain and suffering.

If you or a loved one has been injured in a collision with a semi-truck, don’t leave your future to chance. Contact an experienced truck accident lawyer in Indianapolis today for a free personal injury case evaluation.

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Injured in an Indiana Truck Accident? What to Do Next

Posted on November 17, 2025 by admin

Large truck accidents can have a devastating impact, often leading to severe injuries and life-altering consequences. In 2023 alone, Indiana saw over 1,500 large truck accidents that resulted in injuries, and these collisions account for approximately one in five traffic fatalities in the state. Navigating the aftermath can be overwhelming, especially when you’re dealing with permanent injuries, physical pain and emotional distress.

This guide explains the crucial steps you should take after being involved in a large truck accident in Indiana. Understanding your rights and responsibilities can help you protect your health and secure the compensation you deserve.

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Your Immediate Steps After a Large Truck Accident

What you do in the immediate moments following a large truck accident in Indiana can significantly impact both your health and any future legal claim. After these high priority steps, you can then contact a trucking accident lawyer to start documenting your personal injury case.

Seek Medical Attention

Your health is the top priority. Even if you believe your injuries are minor, it’s essential to get a medical evaluation. Some serious injuries, such as internal bleeding or concussions, may not show immediate symptoms.

Seeking prompt medical care not only ensures your well-being but also creates an official medical record linking your injuries to the accident. Delaying treatment can make it more challenging to prove your injuries were a direct result of the crash.

Report the Accident

Call 911 to report the accident. The responding police officer will create an official report, which is a vital piece of evidence. This report will document details such as the date, time, location, parties involved, and a preliminary assessment of what happened.

When speaking with law enforcement, provide the facts calmly and clearly.

Gathering Crucial Evidence

Strong evidence is the foundation of a successful large truck accident claim. While your attorney will conduct a thorough investigation, there are several things you can do at the scene to preserve important evidence if you are physically able to.

Photographs and Videos: Take pictures and videos of the accident scene from multiple angles. Capture the positions of the vehicles, property damage, skid marks, road conditions, and any visible injuries.
Driver and Witness Information: Exchange contact and insurance information with the negligent truck driver. Get the names and contact details of any witnesses who saw the accident. Their statements can provide an unbiased account of events.
Document Everything: Keep a detailed record of everything you remember about the accident, your injuries, medical treatments, and any related expenses. This documentation will be invaluable when calculating your personal injury damages.

Understanding Indiana’s Truck Accident Laws

Truck accident cases are more complex than standard car accidents due to the involvement of state and federal regulations.

Fault and Comparative Negligence

Indiana operates under a fault-based system, meaning the party responsible for the accident is liable for the damages. However, Indiana also follows a “modified comparative fault” rule (IC 34-51-2-19). Under this law, your compensation can be reduced by your percentage of fault.

If you are found to be more than 50% at fault, you are barred from recovering any damages. This is why it’s critical to have a skilled truck accident attorney document a strong case on your behalf.

Trucking Regulations

Both the trucking company and the driver must comply with federal and state trucking regulations in Indiana. These rules, outlined in laws like IC 9-20 and by the Federal Motor Carrier Safety Administration (FMCSA), govern aspects such as:

Hours of Service (HOS): Limits on how long a driver can be on the road without a break.
Weight and Size Limits: Restrictions on the size and weight of the truck and its cargo.
Maintenance and Inspections: Regular vehicle inspections and maintenance are mandatory.
Driver Qualifications: Drivers must have a valid Commercial Driver’s License (CDL) and meet specific health requirements.

A violation of these regulations can serve as strong evidence of negligence.

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Why You Need an Indiana Truck Accident Lawyer

Trucking companies and their insurers have powerful legal teams dedicated to minimizing payouts. An experienced truck accident lawyer will:

Investigate the accident to determine liability.
Gather and preserve critical evidence, such as the truck’s “black box” data and driver logs.
Handle all communications with the insurance company.
Accurately calculate the full extent of your damages.
Negotiate for a full and fair settlement or represent you in court if necessary.

The Personal Injury Claims Process

Filing a claim involves notifying the at-fault party’s insurance company of your intent to seek compensation. Your attorney will prepare and submit a demand letter detailing your injuries, damages, and the legal basis for your claim. This initiates the negotiation process. Insurance adjusters will often make a low initial offer. Your lawyer will counter this offer and negotiate to ensure you receive a settlement that covers all your losses.

Remember, under Indiana personal injury law, you generally have two years from the date of the accident to file a lawsuit (IC 34-11-2-4). Missing this deadline can prevent you from recovering any compensation.

Potential Compensation

If your claim is successful, you may be entitled to compensation for various damages, including:

Medical Expenses: Both current and future medical bills related to your injuries.
Lost Wages: Income lost due to time away from work during your recovery.
Loss of Earning Capacity: If your injuries prevent you from returning to your previous job.
Property Damage: The cost to repair or replace your vehicle.
Pain and Suffering: Compensation for physical pain and emotional distress.
Punitive Damages: In rare cases of gross negligence, additional damages may be awarded to punish the at-fault party.

Frequently Asked Questions

What should I do immediately after a truck accident in Indiana?

First, check for injuries and call 911. Seek medical attention, even if you feel relatively fine. If possible, gather evidence like photos, videos and witness information. Contact a truck accident attorney as soon as possible.

How is fault determined in a large truck accident case in Indiana?

Fault is determined by proving negligence—that is, showing the truck driver and/or trucking company failed to act with reasonable care, leading to the accident. This often involves investigating for violations of traffic laws or trucking regulations.

Can I sue the trucking company and the driver?

Yes. In many cases, both the driver and their employer can be held liable. The trucking company may be responsible for negligent hiring, poor training, or inadequate maintenance as well as other reasons. Employers are also responsible for the negligent actions of their employees.

How long do I have to file a truck accident claim in Indiana?

The statute of limitations for personal injury claims in Indiana is generally two years from the date of the accident.

What kind of evidence is helpful in a truck accident case?

Helpful evidence includes the police report, medical records, photos or videos of the scene, witness statements, and data from the truck’s electronic logging device (ELD) or “black box.”

IN SUMMARY

The aftermath of a large truck accident is a difficult time. Taking the right steps from the beginning is crucial for protecting your health and securing the financial stability you need to recover. By seeking immediate medical care, preserving evidence, and consulting with a knowledgeable Indiana truck accident attorney, you can build a strong foundation for your claim.

Don’t let the complexity of the legal system or the tactics of insurance companies prevent you from getting the justice you deserve. If you or a loved one has been injured in a truck accident, Contact Us Today for a free consultation to discuss your case.

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Recovering Physically and Financially After a Truck Accident Injury

Posted on March 18, 2025 by admin

Semi-truck accidents can be life-altering. Whether it’s a collision with a large truck on the highway or a trucking accident caused by trucker violations, the aftermath often leaves victims dealing with significant physical injuries and challenging financial burdens. This post provides guidance to help victims recover physically and financially while navigating personal injury claims and legal processes.

If you’re recovering from truck accident injuries, this guide explores practical steps to regain control of your health, finances, and future. From rehabilitation options to understanding the role of a truck accident lawyer, we’ve got you covered.

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Understanding Physical Recovery After a Truck Accident

Truck accidents can lead to severe injuries ranging from broken bones and whiplash to long-term disabilities and death. These injuries require not only immediate care but also a solid long-term recovery plan sometimes.

1. Seek Immediate Medical Attention and Plan for Long-term Care

After a large truck accident, your first priority should always be medical attention. Even if injuries seem minor, symptoms like internal bleeding or spinal trauma may not appear until days, weeks or even months later. Visit a doctor immediately, document all injuries thoroughly, and follow prescribed treatment plans.

Long-term care, such as repeated specialist visits or surgeries, is often required to fully recover from truck accident injuries. Be proactive in scheduling every necessary follow-up.

2. Explore Physical Therapy and Rehabilitation

Physical therapy plays a crucial role in recovery, helping regain mobility and function after semi-truck accidents. Depending on your injuries, rehabilitation may include:

Strength-building exercises for muscle rehabilitation.
Occupational therapy for relearning daily tasks.
Advanced care such as hydrotherapy or chiropractic adjustments for chronic pain management.

Consult your doctor and ensure your insurance or settlement includes coverage for therapy costs.

3. Manage Pain Wisely

Pain after a trucking accident can linger for months, even years. Pain management strategies may include:

Over-the-counter or prescription medications.
Alternative remedies such as acupuncture or massage therapy.
Non-invasive procedures like nerve block injections.

Discuss pain relief options with your healthcare professional and make sure you’re focusing on methods suited to your specific needs.

Navigating Financial Recovery After a Trucking Accident

Beyond physical recovery, victims of truck accidents often face the daunting challenge of navigating overwhelming financial consequences. Medical bills from hospital visits and ongoing treatments can quickly pile up, while repairing or replacing damaged property adds another layer of stress. On top of that, missed workdays or even the inability to return to work due to severe injuries can lead to a significant loss of income. These financial burdens can become unmanageable without a clear and strategic plan for recovery, leaving victims and their families struggling to regain stability.

Assess Your Damages Thoroughly

Start by calculating all damages from the accident, ensuring you account for every cost incurred. You attorney will do most of this, but they will need your help. These typically include:

Medical Bills

This covers all medical-related expenses such as emergency room visits, hospital stays, surgeries, medications, ongoing physical therapy, and even specialized treatments or rehabilitation that may be required in the future. Don’t forget to include costs for medical equipment, like crutches or braces, if needed.

Lost Wages

Calculate any income you’ve lost due to missed work, whether from taking time off for immediate recovery or ongoing appointments. Be sure to also estimate any potential future wages you may lose if the accident impacts your ability to work long-term or limits your job opportunities.

Property Damage

Account for the cost of repairing or replacing your vehicle, as well as any other personal property damaged in the accident. This could include items like electronics, clothing, or other belongings present in the car at the time of the crash.

Pain and Suffering

It’s essential to also consider the non-economic damages, like the emotional and psychological impact of the accident. This can include any mental distress, anxiety, or post-traumatic stress disorder (PTSD) experienced as a result of the incident.

Punitive Damages

In some cases, victims may also be eligible for punitive damages if the accident was caused by the truck driver’s or their employer’s reckless or negligent behavior. These are intended to punish the at-fault party, to deter others from similar egregious conduct and can provide additional financial compensation.

Be meticulous and thorough during this process, as your personal injury claim will rely heavily on documented and accurate costs. It’s always a good idea to keep all receipts, invoices, and even notes about expenses to strengthen your case. Again, your attorney will handle most of this but they will need your help.

Understand Insurance Claims and Settlements

Dealing with insurance companies after a trucking accident can be stressful. Insurance adjusters will offer low-ball settlements that don’t cover your needs. It’s critical to:

File your insurance claim as soon as possible. Your attorney will do this for you.
Keep records of all correspondence, photos of the accident scene, and medical documents.
Be cautious about signing any settlement agreement before understanding the full scope of your expenses and losses. Again, consultation with your attorney is critical as they will explain everything to you in an understandable way.

The Importance of a Personal Injury Lawyer

A skilled personal injury lawyer experienced in trucking accident cases is your strongest ally. They help assess the strength of your claim, negotiate with insurers, and ensure you receive a fair settlement.

Hiring a truck accident lawyer ensures you have someone on your side who knows how to counter the tactics insurance companies use to minimize payouts.

Seeking Legal Assistance After a Truck Accident

Navigating personal injury law and the trucking industry’s complex regulations requires an experienced lawyer. Choosing the right legal representative will make all the difference in securing the compensation and justice you deserve.

When Should You Hire a Truck Accident Lawyer?

It’s advisable to contact a truck accident lawyer as soon as possible after the crash. Situations where legal guidance is especially critical include:

Complex cases involving multiple vehicles.
Accidents caused by trucker violations such as distracted driving or overloaded cargo.
Disputes over fault or evidence of negligence by the trucking company.

Acting quickly also ensures your lawyer can gather time-sensitive evidence, such as driver logs, truck black box data or surveillance footage, before it’s lost or destroyed.

What to Look For in a Legal Representative

When selecting a lawyer, keep the following in mind:

Experience: Ensure they specialize in truck accident injuries and understand personal injury law intricacies.
Comfort: Attend a free meeting with your potential attorney and discuss your case and judge your comfort level with the attorney.
Communication: Look for someone transparent and responsive to your concerns.

The Litigation Process Explained

If a fair pre-trial settlement isn’t reached, your truck accident attorney will guide you through litigation. This process includes filing the lawsuit, exchanging discovery evidence, preparing for trial, and representing you in court. With a strong legal team, you’ll have confidence in navigating even the most challenging aspects of the judicial process.

In Summary

Recovering from truck accident injuries is about more than healing your body—it’s about reclaiming your life. By focusing on physical rehabilitation and understanding your financial and legal options, you can move forward with greater confidence.

Don’t wait to address your needs. Contact an experienced trucking accident lawyer today to discuss your case, understand your options, and take the first step towards a better future. Recovering from a trucking accident takes time, but with the right help, it’s entirely possible.

Are you or a loved one currently dealing with the aftermath of a serious truck accident? For personalized legal advice and support, reach out to Craven, Hoover & Blazek, P.C. at 317-881-2700 today. Our truck accident lawyers in Indianapolis are ready to steer you through your case’s complexities and fight for the best possible outcome. We represent injured victims across the state, including Indiana residents injured elsewhere and out-of-state residents injured in Indiana. Don’t let time run out—act now to protect your auto accident claim!

Important Accident Claim Facts for Victims of a Head-On Collision

Posted on May 12, 2020 by admin

Most car wrecks are serious, but when it comes to head-on collisions, the consequences are generally more severe. Virtually all head-on collision car accidents result in some form of injury, whether physical, mental, emotional, or a combination of the three. Sadly, many also result in death. The Insurance Institute for Highway Safety reported that in 2018, 56% of vehicular fatalities were caused by head-on car accidents.

If you or someone you love was recently injured in a head-on car collision, it is vital that you consult with a licensed accident attorney as soon as possible to learn your rights to recovering compensation for your damages. Continue reading to learn some basic accident claim facts that will help you get started on the right path toward a full and fair settlement.

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Common Causes for Head-On Car Crashes

There are several things that can go wrong behind the wheel of a vehicle, making the list of possible causes for car accidents vast. However, head-on car collisions tend to be caused by the same types of negligence. Arguably, the top cause for such car accidents is distracted driving. Distracted driving can include a wide range of behaviors, from driving fatigued or under the influence, to texting, taking calls, addressing children or passengers, eating, reading, fidgeting with the stereo, searching through purses or bags, and similar actions.

Additional causes for head-on collisions include speeding, losing control of the vehicle, unsafe or illegal passing, and other types of driver errors. Our related blogs, “Most Common Injuries Caused By a Rear-End Car Accident” and “Top 5 Ways to Avoid a Serious Car Accident” can also give you insight on car accident claims and driving safety.

Accident Claims for Head-On Car Accidents

The law says that, as a driver, you have a duty of care when you drive on the road. If another driver breaches this duty of care, and as a result, collides head-on into a car and injures that driver and/or their passengers, the victims can seek damages in a court of law. In order to be awarded damages, victims must prove that the negligent party did breach their duty of care, which directly resulted in their injuries and subsequent losses. This is where a seasoned personal injury lawyer can help.

Personal injury lawyers have the knowledge and skills to help clients recover damages for current and future medical expenses and hospital bills, as well as, property damages, permanent damages, wrongful death damages, pain, suffering, and more. See our blog, “An Overview of Personal Injury Basics” will help you understand more about how the accident claim process works.

How to Get Started on Your Car Accident Claim in Indianapolis

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action after being negligently injured in a serious car collision in Indianapolis, Indiana and its surrounding locations. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation before the statutes of limitations runs out on your claim. We represent injured persons throughout the State of Indiana.