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        <title><![CDATA[Tractor-Trailer Accidents - Padove Law]]></title>
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                <title><![CDATA[Semi-Truck Accidents in Indiana Pose a Serious Risk for Motorists]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/semi-truck-accidents-in-indiana-pose-a-serious-risk-for-motorists/</link>
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                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Mon, 31 Mar 2025 18:07:47 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Accidents involving semi-trucks or other large vehicles in Indiana carry a significantly higher risk of serious injury or death due to the sheer size and weight of these vehicles. When a collision occurs between a massive commercial truck and a passenger car, the results are often catastrophic. Earlier this year, a tragic accident in Greensburg,&hellip;</p>
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<p>Accidents involving semi-trucks or other large vehicles in Indiana carry a significantly higher risk of serious injury or death due to the sheer size and weight of these vehicles. When a collision occurs between a massive commercial truck and a passenger car, the results are often catastrophic. Earlier this year, a tragic accident in Greensburg, Indiana highlighted the devastating consequences of such collisions. The crash involved a semi-tractor trailer and a passenger car, unfortunately resulting in the death of the car’s sole occupant.</p>


<p>The <a href="https://www.therepublic.com/2025/03/07/indiana-state-police-investigating-fatal-accident-on-i-74-in-decatur-county/" rel="noopener noreferrer" target="_blank">accident</a> occurred in the early morning hours on eastbound I-74 near the 133-mile marker. According to reports, the passenger car was traveling in the slow lane when it was struck from behind by the semi-truck. Emergency responders arrived at the scene, but tragically, the female driver of the passenger car was pronounced dead at the scene. The driver of the semi-truck has been cooperative with law enforcement, but this does not necessarily absolve them of liability. Both criminal and civil actions may be on the table, depending on the findings of the ongoing investigation. While the truck driver’s cooperation is a positive sign, it does not change the fact that the victim’s family deserves answers and justice for their loss.</p>


<p>The increased risk of severe injury or death in accidents involving large vehicles is due to the immense power and force behind these collisions. Because of this, operators of commercial vehicles are held to higher standards than regular drivers. These standards include stricter licensing requirements, regular vehicle maintenance checks, mandatory hours-of-service regulations to prevent driver fatigue, and ongoing safety training. These rules are designed to prevent accidents, but they also provide a framework for holding trucking companies and drivers accountable when they fail to meet these obligations. For example, if an investigation reveals that the truck driver was fatigued, the vehicle was improperly maintained, or safety protocols were ignored, these violations can be used to build a strong case for negligence.</p>


<p>A qualified Indiana personal injury attorney understands the complexities of these cases and knows how to leverage the laws and regulations governing commercial vehicles to advocate for their clients. At Padove Law, we conduct thorough investigations to uncover all relevant facts, including examining driver logs, maintenance records, and accident reconstruction reports. We also work with experts to analyze the crash and determine whether any violations of state or federal regulations contributed to the accident. This meticulous approach allows us to build the strongest possible case for our clients, ensuring that negligent parties are held accountable and that victims and their families receive the compensation they deserve.</p>


<p><strong>Padove Law Has What it Takes to Help Accident Victims Recover the Comepensation They Deserve</strong></p>


<p>If you or a loved one has been injured in a <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a>, it’s crucial to seek legal representation as soon as possible. The experienced Indiana personal injury attorneys at Padove Law are here to help you navigate the complexities of your case and fight for the justice and compensation you deserve. We understand the physical, emotional, and financial toll these accidents can take, and we are committed to standing by your side every step of the way. You won’t pay unless we win, so there’s no risk in reaching out for help. Call Padove Law today at 877-446-5294 for your free consultation. Let us help you take the first step toward justice and recovery. Your rights matter, and we’re here to fight for them. Even if you were partially at fault, you may still be entitled to compensation. Don’t wait—contact Padove Law today and let us help you protect your future.</p>


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                <title><![CDATA[Multi-Vehicle Pileup Causes Chaos on I-6]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/multi-vehicle-pileup-causes-chaos-on-i-6/</link>
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                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Sun, 05 Jan 2025 16:47:28 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Traffic accidents involving semi-trucks and other large vehicles are especially dangerous on Indiana roads, a state that serves as a major hub for interstate travel. Indiana’s highways, including Interstates 65, 70, and 74, are critical arteries for commercial trucking, connecting the Midwest to the rest of the country. With so many large vehicles sharing the&hellip;</p>
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                <content:encoded><![CDATA[

<p>Traffic accidents involving semi-trucks and other large vehicles are especially dangerous on Indiana roads, a state that serves as a major hub for interstate travel. Indiana’s highways, including Interstates 65, 70, and 74, are critical arteries for commercial trucking, connecting the Midwest to the rest of the country. With so many large vehicles sharing the road, the risk of serious accidents increases significantly. Semi-truck accidents are particularly devastating due to the sheer size and weight of these vehicles, which can cause catastrophic damage to smaller cars and their occupants.</p>


<p>A recent <a href="https://www.wishtv.com/news/indiana-news/crown-point-semi-pileup/" rel="noopener noreferrer" target="_blank">incident</a> on Interstate 65 near Crown Point can show just how dangerous these accidents can be. A massive pileup involving 12 semi-trucks and several other vehicles left the highway closed for hours, with multiple injuries reported and diesel fuel spilled across the roadway. The scene was chaotic, with jackknifed semis and crushed vehicles scattered across the highway. While the exact cause of the crash is still under investigation, the aftermath reminds us of the risks posed by large commercial vehicles.</p>


<p>The operators of semi-trucks and other large vehicles have a heightened duty to protect the public from the dangers their vehicles pose. Commercial truck drivers are required to adhere to strict regulations, including limits on driving hours, regular vehicle inspections, and proper licensing. These rules are designed to reduce the risk of accidents caused by driver fatigue, mechanical failures, or inadequate training. However, as the statistics show, accidents still happen far too often. In 2023 alone, Indiana recorded nearly 5,000 crashes involving large trucks, resulting in over 1,600 injuries and 118 fatalities. These numbers highlight the need for accountability when truck drivers or trucking companies fail to follow the rules, putting innocent lives at risk.</p>


<p>If you or a loved one has been injured in a semi-truck accident, you may be entitled to pursue compensation for your injuries and losses. Truck accident cases are often more complex than typical car accidents because they involve multiple parties, including the truck driver, the trucking company, and potentially even the manufacturer of the truck or its parts. An experienced Indiana personal injury attorney can help you navigate these complexities and build a strong case. For example, if the truck driver was fatigued, under the influence, or failed to follow safety regulations, they may be held liable for negligence. Similarly, if the trucking company failed to properly maintain the vehicle or pressured the driver to exceed legal driving limits, they could also be held accountable. In some cases, defective truck parts or improper loading of cargo may contribute to the accident, opening the door to additional claims.</p>


<p>At Padove Law, we understand the unique challenges of <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a> cases. Our team has the knowledge and resources to investigate the accident thoroughly, gather evidence, and hold the responsible parties accountable. We know how to identify violations of federal and state trucking regulations, such as hours-of-service violations or inadequate vehicle maintenance, and use this information to strengthen your case. Whether through negotiation or litigation, we are committed to securing the compensation you deserve for medical bills, lost wages, pain and suffering, and other damages.</p>


<p><strong>Have You Been Hurt in an Indiana Car Crash?</strong></p>


<p>If you or someone you love has been injured in an accident involving a semi-truck or another large vehicle, don’t face the legal system alone. Contact the Indiana and Illinois accident lawyers at Padove Law for a free consultation. Our experienced and dedicated legal team is here to help you navigate the complexities of your case and fight for the compensation you deserve. You won’t pay unless we win, so there’s no risk in reaching out. Call Padove Law today at <strong>877-446-5294</strong> for your free consultation. Let our experienced Indiana personal injury attorneys stand with you every step of the way. Your rights matter, and we are committed to securing the justice and financial recovery you need to protect your future. Don’t let the legal process overwhelm you—choose Padove Law and take the first step toward justice.</p>


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                <title><![CDATA[Indiana Truck Accident Results in Injuries to Rescuers]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/indiana-truck-accident-results-in-injuries-to-rescuers/</link>
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                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Sat, 31 Aug 2024 10:09:26 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Navigating Indiana roads can be challenging, particularly when large vehicles, such as commercial trucks, industrial transports, or municipal vehicles, are involved. These vehicles, due to their size and weight, can pose significant risks when involved in accidents. The danger isn’t confined to any one type of large vehicle; any heavy, cumbersome vehicle can become a&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Navigating Indiana roads can be challenging, particularly when large vehicles, such as commercial trucks, industrial transports, or municipal vehicles, are involved. These vehicles, due to their size and weight, can pose significant risks when involved in accidents. The danger isn’t confined to any one type of large vehicle; any heavy, cumbersome vehicle can become a deadly instrument if handled negligently. This was tragically illustrated by a recent multi-vehicle accident in Indiana, involving both commercial and municipal vehicles, which resulted in a fatality and multiple injuries.</p>



<p>Earlier this <a href="https://www.wishtv.com/news/local-news/at-least-1-killed-in-crash-at-east-30th-street-mass-ave/" rel="noopener noreferrer" target="_blank">month</a>, a deadly incident occurred at an intersection in Indianapolis. Fire crews were initially dispatched to respond to an accident involving a semi-truck, which had already caused significant concern due to its size, reported injuries, and the inherent dangers such vehicles present. The situation took a turn for the worse when one of the responding fire trucks, while attempting to navigate around another semi-truck that was hauling a wide load and obstructing the road, lost control and rolled over. This rollover resulted in injuries to four firefighters who were inside the truck, further compounding the tragedy at the scene.</p>



<p>The aftermath of such accidents is often far-reaching. When large vehicles like semi-trucks or fire trucks are involved in crashes, the consequences are usually more severe than those involving smaller vehicles. Not only do they disrupt traffic significantly, but they can also create hazardous conditions that exacerbate the initial accident. In this case, the response to the initial accident unfortunately led to a secondary crash, highlighting the complex and often dangerous nature of incidents involving large vehicles.</p>



<p>Traffic accidents, particularly those involving large vehicles, are frequently the result of negligence. Whether it’s a truck driver failing to operate their vehicle safely or a municipal vehicle becoming a hazard due to its size, the responsibility often lies with someone who was not careful enough. Victims of such accidents have the right to seek compensation for the damages they suffer. These damages can include medical expenses, lost wages, pain and suffering, and property damage. In cases of severe injury, such as disability or disfigurement, the compensation sought can be even more substantial. Navigating these claims, however, requires the expertise of a skilled Indiana accident attorney who understands the nuances of state law and the tactics often employed by insurance companies to minimize payouts.</p>



<p>It’s also important to recognize that first responders and other government employees, like anyone else, can be negligent and contribute to accidents. While these individuals are often hailed as heroes—and rightly so—there are instances where their actions can cause harm. In the case of the rolled-over fire truck, it’s a stark reminder that even those trained to save lives can inadvertently cause accidents. Holding government employees or entities accountable can be more complex than pursuing claims against private individuals or companies, due to legal protections such as qualified immunity. However, these challenges are not insurmountable. With the right legal representation, it is possible to build a compelling case and secure the compensation to which an accident victim is entitled.</p>



<p><strong>Have You Been in an Accident?</strong></p>



<p>If you or a loved one has been injured in an Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a> or has suffered from another act of negligence, it’s crucial to act quickly. The experienced attorneys at Padove Law are well-versed in Indiana’s personal injury laws and are dedicated to helping clients navigate the complex legal landscape. We understand how to deal with insurance companies that often try to minimize or deny claims, and we are committed to ensuring that our clients receive the full compensation they deserve. At Padove Law, we believe that no one should have to bear the financial burden of an accident that was not their fault. Don’t let the negligence of another party rob you of your peace of mind. Contact Padove Law today at 877-446-5294 to schedule a free consultation and take the first step toward securing the justice and compensation you deserve.</p>
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                <title><![CDATA[One Passenger Dead in Indiana Truck Accident]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/one-passenger-dead-in-indiana-truck-accident/</link>
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                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Sun, 10 Mar 2024 15:45:07 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Truck accidents can lead to significant injury. Following a truck accident, you may be left with mounting medical bills, lost wages, and emotional harm. To recover compensation for your injuries, you can bring a personal injury lawsuit against the responsible driver. A skilled Indiana personal injury attorney can help you create the strongest possible claim&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Truck accidents can lead to significant injury. Following a truck accident, you may be left with mounting medical bills, lost wages, and emotional harm. To recover compensation for your injuries, you can bring a personal injury lawsuit against the responsible driver. A skilled Indiana personal injury attorney can help you create the strongest possible claim for recovery.</p>



<p>For example, a recent Indiana truck <a href="https://www.21alivenews.com/2024/02/05/allen-county-police-responding-fatal-crash-near-gm-plant/" rel="noopener noreferrer" target="_blank">accident</a> killed one passenger. The fatal accident occurred at an intersection and involved a pickup truck and a semi-truck. According to local officers, the pickup truck was sitting at the intersection’s red light when the semi-rear ended it, sending both trucks into a ditch. Sadly, a passenger inside the pickup truck died in the crash. The pickup truck driver was transported to the hospital in critical condition. Police are continuing to investigate the cause of the crash.</p>



<p><strong>How Does a Jury Determine Truck Accident Damages Awards?</strong></p>



<p>If a truck accident case goes to trial, a jury will determine the appropriate damages award owed to the injured plaintiff. Even if a case does not go to trial, plaintiffs must assert a damages amount in settlement negotiations that they believe will fairly compensate for their injuries. The amount of compensatory damages a plaintiff receives will depend on a number of factors. One major consideration is the medical expenses a plaintiff incurred as a result of the accident. After a truck accident, an injured plaintiff may have to pay hospital bills, surgery expenses, medication costs, or physical therapy bills. A damages award will often include these medical expenses. Accordingly, a plaintiff with severe injuries or who incurred higher expenses may receive a higher damages award. A physician who treated the plaintiff may be able to provide information about the plaintiff’s expected future medical expenses.</p>



<p>In addition to medical expenses, another factor that determines a plaintiff’s overall damages award is a loss of earnings. If plaintiffs’ injuries prevent them from working, they may be able to seek damages for lost earnings. While workers’ compensation can help defray this expense, a permanent injury may prevent a person from working in their profession. As a result, a damages award can include lost future earnings that the plaintiff would have otherwise received. When calculating lost future earnings, a jury may factor in the plaintiff’s age and likely year of retirement. Finally, a jury may award damages based on the emotional harm a plaintiff has suffered. This type of damages award is harder to quantify. To guide the jury’s calculations, the plaintiff may give testimony to demonstrate the extent of their pain and suffering.</p>



<p><strong>Have You Been Injured in an Indiana Truck Accident?</strong></p>



<p>If you have suffered injuries in an Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a>, contact Padove Law to discuss your case. Personal injury attorney Burton A. Padove possesses decades of experience representing Indiana accident victims. Attorney Padove has handled cases stemming from truck accidents, auto accidents, product liability, medical malpractice and nursing home abuse. If you have questions about recovering damages for a truck accident, schedule a free consultation by calling 219-836-2200.</p>
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                <title><![CDATA[Suing Employers for Indiana Truck Accidents]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/suing-employers-for-indiana-truck-accidents/</link>
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                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Thu, 29 Feb 2024 19:42:54 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Due to the size and weight of a commercial truck, a collision with a smaller vehicle can lead to significant injuries. When a truck driver’s negligence leads to a serious accident, an injured party may seek compensation from the driver’s employer. However, the accident victim must prove certain legal elements before an employer can be&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Due to the size and weight of a commercial truck, a collision with a smaller vehicle can lead to significant injuries. When a truck driver’s negligence leads to a serious accident, an injured party may seek compensation from the driver’s employer. However, the accident victim must prove certain legal elements before an employer can be liable for damages. An experienced Indiana personal injury attorney can help argue that an employer should be liable for their employee’s negligence.</p>



<p>Sadly, a 6-year old died and two children suffered injuries after a recent truck accident in Jackson County, Indiana. According to a local news <a href="https://www.wave3.com/2023/12/22/6-year-old-dead-9-year-old-critical-condition-after-southern-indiana-crash/" rel="noopener noreferrer" target="_blank">article</a>, a Ford was traveling east with three young passengers when it collided with a semi-truck traveling north at an intersection. The force of the collision sent both vehicles off the road. First responders arrived and transported all three passengers to the hospital, where one child tragically died from his injuries. Police are continuing to investigate the crash.</p>



<p><strong>Can You Sue a Truck Driver’s Employer After an Indiana Truck Accident?</strong></p>



<p>If a truck driver was completing a delivery during the crash, you may be able to recover damages from the driver’s employer. Truck drivers may not possess the means to pay the full compensation you need after a debilitating truck accident. To hold an employer liable for a truck driver’s negligence, a plaintiff must prove the driver was acting within the “scope of employment.” Typically, employees act within the scope of employment when they perform job duties at their designated work location within a designated time frame. For example, a truck driver acts in the scope of their employment if they are driving on a pre-determined route to complete a delivery at a scheduled time. However, if a driver used a company truck to make a personal delivery outside of working hours, that driver would not be acting within the scope of employment. Plaintiffs who can prove the driver acted within the scope of employment may be able to hold an employer liable through a legal concept know as vicarious liability or respondeat superior.</p>



<p>When naming a truck driver’s employer in a personal injury lawsuit, plaintiffs should know that proving vicarious liability is only the first step toward recovering damages against an employer. After showing that an employer can be liable for its employee’s actions, the plaintiff must prove all four elements of negligence: duty, breach, causation, and damages. Essentially, the plaintiff must show that the defendant’s negligence caused the plaintiff some injury that a damages award can redress. Plaintiffs must prove their case by the preponderance of the evidence, meaning it is more likely than not that the defendant’s negligence led to the plaintiff’s injury.</p>



<p><strong>Have You Been Hurt in an Indiana Truck Accident?</strong></p>



<p>If you or someone close to you has suffered harm from an Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a>, reach out to Padove Law for immediate assistance. Personal injury attorney Burton A. Padove possesses nearly 40 years of experience fighting for accident victims throughout the state of Indiana. Attorney Padove diligently advocates for his clients’ rights, and he has secured many favorable rulings for accident victims and their families. For a free initial consultation, call 219-836-2200.</p>
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                <title><![CDATA[Common Causes of Indiana Truck Accidents]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/common-causes-of-indiana-truck-accidents/</link>
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                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Sun, 31 Dec 2023 13:50:33 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Truck accidents may occur for any number of reasons. From a driver’s negligence to a defective part, even a single truck accident might have more than one cause. No matter the cause, truck accident victims likely have significant medical expenses or missed paychecks as they recover from their injuries. Understanding the causes of a truck&hellip;</p>
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                <content:encoded><![CDATA[

<p>Truck accidents may occur for any number of reasons. From a driver’s negligence to a defective part, even a single truck accident might have more than one cause. No matter the cause, truck accident victims likely have significant medical expenses or missed paychecks as they recover from their injuries. Understanding the causes of a truck accident is an important step toward receiving a damages award that compensates for your harm.</p>


<p>For example, a recent news <a href="https://www.wishtv.com/news/local-news/i-70-outside-greenfield-closed-for-overturned-semi-traffic-blocked-in-both-directions/" rel="noopener noreferrer" target="_blank">article</a> reported a Greenfield, Indiana crash involving four semi-trucks. The trucks were driving in the westbound lanes on the highway as one semi-truck attempted to pass another. The driver, who believed the other truck would crash into him, swerved into a concrete barrier. He then hit the other semi-truck he was passing. In the eastbound lane, a semi-truck struck the same concrete wall. In total, four semi-trucks were involved in the crash, and one caught on fire. One driver suffered minor injuries.</p>


<p><strong>What Are the Causes of Truck Accidents?</strong></p>


<p>Even a single truck accident can have multiple causes. The clearest cause is the truck driver’s negligence. Driving while drowsy or under the influence of drugs or alcohol can impact drivers’ ability to control their trucks. In addition, distracted driving is common cause of auto accidents. Drivers who attempt to “multitask” on the road cannot react quickly to changes in the flow of traffic. For example, if a car slows down in response to traffic, a distracted driver may rear-end the car if they are not paying attention. Distracted truck drivers can cause especially serious harm due to the heavy weight of a typical truck. On the other hand, a truck accident may result from another driver’s negligence. For instance, a truck driver might swerve to avoid a car that attempts to change lanes without checking their mirrors. Occasionally, truck accidents do not result from a driver’s negligence. A faulty part or a poorly designed piece of equipment could lead to an accident even if all drivers exercised reasonable care.</p>


<p>more
<strong>Can You Sue a Driver’s Employer After an Indiana Truck Accident?</strong></p>


<p>In Indiana, you may be able to sue a negligent truck driver’s employer for your injuries under the doctrine of respondeat superior. To hold an employer liable, you must prove the driver was completing a task for the employer during scheduled working hours that furthered the employer’s business in some way. Showing an employer can be “vicariously liable” for their employee’s actions is only the first step to pursuing your claim. You must then show that the driver owed you a duty of care, breached that duty, caused the accident, and that you suffered harm as a result.</p>


<p><strong>Do You Need an Indiana Truck Accident Attorney?</strong></p>


<p>If you or someone close to you has suffered injuries in an Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a>, contact an experienced personal injury attorney to discuss your case. Attorney Burton A. Padove has nearly four decades of experience representing accident victims in Indiana personal injury cases, including truck accidents. Through Attorney Padove’s experience and skill, he will pursue the compensation your family deserves. For a free initial consultation, call 219-836-2200. Calling is free, and we will not bill you for our representation unless we can recover compensation on your behalf.</p>


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                <title><![CDATA[Naming Defendants in Indiana Truck Accidents]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/naming-defendants-in-indiana-truck-accidents/</link>
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                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Thu, 30 Nov 2023 15:10:37 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Truck accidents can have a number of causes. A person may suffer injuries due to a truck driver who acted negligently, an employer who enabled the negligent driver, or even a company that manufactured a defective part of the truck. Due to the multiple possible causes of a truck accident, an injured victim may be&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Truck accidents can have a number of causes. A person may suffer injuries due to a truck driver who acted negligently, an employer who enabled the negligent driver, or even a company that manufactured a defective part of the truck. Due to the multiple possible causes of a truck accident, an injured victim may be unsure how to recover damages for their harm. If you have been hurt in an Indiana truck accident, you can consult a personal injury attorney to investigate potential claims against multiple possible defendants.</p>



<p>According to a recent news <a href="https://www.wishtv.com/news/local-news/i-70-outside-greenfield-closed-for-overturned-semi-traffic-blocked-in-both-directions/" rel="noopener noreferrer" target="_blank">article</a>, an Indiana truck accident involving four tractor-trailers led to a significant oil and diesel spill on the highway. The accident took place near Indianapolis as a semi-truck pulling double-trailers was traveling westbound. The driver, believing another semi-truck would run into his vehicle, attempted to pass the semi-truck. Instead, the driver struck the concrete barrier between lanes, swerved back, and hit a third truck. In the eastbound lane, a fourth semi-truck hit the same barrier. As a result, one of the trucks rolled to its side and caught fire, spilling a large amount of diesel and oil on the highway. Local officials closed both the eastbound and westbound lanes of the highway for several hours to clean up the spill.</p>



<p><strong>Who is Responsible for a Truck Accident?</strong></p>



<p>In an Indiana truck accident, responsibility may lie with multiple parties. When you seek to file a personal injury lawsuit after a truck accident, there may be a few potential defendants you can investigate. First, the clearest responsible party is the truck driver. The driver may have failed to exercise due care in operating the truck, leading to a serious accident. Moreover, the driver’s employer may have enabled them to act recklessly. Under the respondeat superior theory, a company can be liable for its drivers’ negligence when the driver is operating the employer’s truck on a scheduled delivery route at a scheduled time in some manner as to further the employer’s business. For example, if the truck accident occurred while the driver was completing a delivery for his or her employer, anyone injured in the accident may be able to sue the employer for damages.</p>



<p>On the other hand, the driver’s negligence may not have caused the truck accident. Instead, a truck may malfunction due to a defective tire or other auto part. In this case, a person injured in a truck accident may be able to sue the auto part manufacturer for placing a defective product on the market. A product liability lawsuit can allege a manufacturing defect, a design defect, and a warning defect. For example, a plaintiff can argue that a company designed a product without considering safety risks to the consumer. On the other hand, a company may have carefully designed a safe product, but they manufactured the product’s safeguards incorrectly. In either case, a plaintiff can file a product liability claim against the company that sold the defective product.</p>



<p>There are many potential defendants in a complex truck accident. An experienced Indiana personal injury attorney can help you determine which defendants to name when filing a lawsuit to recover damages for your harm.</p>



<p><strong>Have You Suffered Injuries in an Indiana Truck Accident?</strong></p>



<p>If you or a loved one has been injured in an Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a>, you may have a claim for relief. To discuss your case with a skilled personal injury lawyer, contact Padove Law today for immediate assistance. Personal injury attorney Burton A. Padove is intimately involved in both truck accident and product liability cases throughout the state of Indiana. Attorney Padove has a demonstrated track record of fighting to recover the damages his clients need and deserve. To learn more, and to schedule a free consultation, call 219-836-2200.</p>
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                <title><![CDATA[Recovering Monetary Damages After an Indiana Truck Accident]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/recovering-monetary-damages-after-an-indiana-truck-accident/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/recovering-monetary-damages-after-an-indiana-truck-accident/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Wed, 22 Mar 2023 13:29:29 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Truck accidents can be an especially dangerous type of crash. Due to the size of a typical semi-truck or tractor-trailer, the sheer force of a truck collision can result in serious injury and property damage. Truck accidents have many causes, including a truck driver’s careless action or failure to act. In these circumstances, an injured&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Truck accidents can be an especially dangerous type of crash. Due to the size of a typical semi-truck or tractor-trailer, the sheer force of a truck collision can result in serious injury and property damage. Truck accidents have many causes, including a truck driver’s careless action or failure to act. In these circumstances, an injured victim may be able to seek damages from the truck driver and the driver’s employer.</p>


<p>A recent news <a href="https://www.wthr.com/article/news/local/driver-killed-frankfort-crash-semi/531-9c6d3227-2d5f-4061-9745-132012d01a86" rel="noopener noreferrer" target="_blank">article</a> reported on a tragic semi-truck accident in Frankfort, Indiana, that left one person dead. According to witnesses, the semi-truck was crossing the road when the driver failed to yield the right of way to traffic in the eastbound direction. As a result, a car struck the semi-truck trailer. The semi-truck driver was unharmed, but the other driver was transported to a nearby hospital in critical condition. Sadly, he died shortly after.</p>


<p><strong>Can You Sue a Truck Driver’s Employer After an Indiana Truck Accident?</strong></p>


<p>If a truck driver caused a truck accident that led to serious harm, injured victims may be able to sue the truck driver’s employer. Known as respondeat superior or vicarious liability, plaintiffs can bring a lawsuit against an employer under several conditions. To demonstrate an employer-employee relationship sufficient to bring suit, plaintiffs must prove that the employee responsible for their injuries acted in the “scope of employment” at the time of the accident. In general, employees act within the scope of employment when they perform their assigned duties during their scheduled work hours and, importantly, are acting to further their employer’s business. For example, a truck driver’s employee may be liable for damages if the driver was completing a scheduled transportation of goods when the accident occurred. On the other hand, an employer may not be liable if the accident happened when the truck driver took an unauthorized trip.</p>


<p>more
<strong>Can You Recover Damages After an Indiana Truck Accident If You Were at Fault?</strong></p>


<p>Indiana law allows plaintiffs to recover damages even if they were partially at fault for an accident. The state follows a modified comparative negligence system that permits recovery as long as plaintiffs are not 51% at fault or greater for the accident. Accordingly, a plaintiff can still receive a damages award even if they are equally at fault for the accident as the defendant(s). Indiana law assigns fault through plaintiffs’ damages awards. For example, if a plaintiff is 30% at fault for the accident, they will receive a 30% reduction in their damages award to account for their proportion of fault. An experienced Indiana personal injury attorney can help you sort through these complex rules for recovery to pursue the compensation you need.</p>


<p><strong>Have You Been Injured in an Indiana Truck Accident?</strong></p>


<p>If you or a loved one has suffered injuries in an Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a>, contact Padove Law today to discuss your case. Personal injury attorney Burton A. Padove possessed nearly four decades of experience representing clients in Indiana truck, car, and other traffic accidents. Through Mr. Padove’s skilled representation, he has secured significant compensation for his deserving clients. To schedule a free initial consultation, call our office at 219-836-2200. We will not bill you for our representation unless we can recover compensation on your behalf.</p>


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                <title><![CDATA[Drunk Driver Hits School Bus in Indiana Truck Accident]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/drunk-driver-hits-school-bus-in-indiana-truck-accident/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/drunk-driver-hits-school-bus-in-indiana-truck-accident/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Wed, 30 Nov 2022 10:03:05 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Truck accidents can be particularly devastating due to the size of a typical truck and the resulting impact of a forceful collision. Sometimes, these senseless accidents can happen at random without an obvious cause. However, when truck drivers operate their vehicles while under the influence of drugs or alcohol, their behavior may result in a&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Truck accidents can be particularly devastating due to the size of a typical truck and the resulting impact of a forceful collision. Sometimes, these senseless accidents can happen at random without an obvious cause. However, when truck drivers operate their vehicles while under the influence of drugs or alcohol, their behavior may result in a crash that could have been entirely preventable.</p>



<p>According to a recent news <a href="https://fox59.com/news/16-hurt-from-school-bus-crash-in-warsaw/" rel="noopener noreferrer" target="_blank">article</a>, a semi-truck crashed into a school bus in Warsaw, Indiana and injured 16 bus passengers. Prior to the accident, local police received calls about a semi-trailer speeding and swerving between lanes. As police were on their way to pull over the truck, they learned the truck had hit a school bus holding 26 people. The passengers were members of a high school hockey team traveling back from their weekend tournament. Medics transferred 16 people to area hospitals for their injuries, three of whom were in critical condition. Officials questioned the truck driver, who presented with slurred speech and an odor of alcohol. After failing a field sobriety test and refusing a chemical test, he was charged with operating a vehicle while intoxicated, a felony offense.</p>



<p><strong>How Can You Obtain Compensation After an Indiana Truck Accident?</strong></p>



<p>To prevail in a negligence lawsuit, a plaintiff must prove the defendant failed to exercise reasonable care and that the failure to do so caused the plaintiff’s injuries. Driving under the influence can be relatively clear-cut instance of failing to exercise reasonable care on the road. Unlike other causes of a truck accident, a drunk driver often cannot blame the accident entirely on an issue with the truck’s manufacturing. By contrast, an accident that involves a faulty tire, broken part, or a manufacturing defect may allow a truck driver to shift the blame onto the manufacturer of a non-functioning part.</p>



<p>If a truck driver was operating the truck as part of their job duties, an injured victim may be able to sue the driver’s employer. To win this type of suit, known as vicarious liability, a plaintiff must prove the truck driver was acting within the scope of their employment. Typically, this means a truck driver was working during their scheduled business hours to benefit the employer’s business. However, issues may arise if the driver was operating the truck under the influence. In that case, a jury may not find that the truck driver was furthering the employer’s business if they were intoxicated while on the job. An experienced Indiana personal injury attorney can help gather evidence and develop a legal strategy to navigate these complex rules for recovery.</p>



<p><strong>Have You Been Injured in an Indiana Truck Accident?</strong></p>



<p>If you or a loved one has suffered injuries or died in an Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a>, contact Padove Law to talk through your options. Personal injury lawyer Burton A. Padove has years of experience representing Indiana truck accident victims and their families. In the event of a devastating truck accident, Mr. Padove will work tirelessly to assist victims in filing personal injury lawsuits and obtaining just compensation for their injuries. To schedule a free initial consultation, contact our office at 219-836-2200. We will not bill you for our representation unless we can win compensation on your behalf.</p>
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                <title><![CDATA[Fatal Truck Crash Shuts Down Indiana Highway]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/fatal-truck-crash-shuts-down-indiana-highway/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/fatal-truck-crash-shuts-down-indiana-highway/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Fri, 30 Sep 2022 22:20:32 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>In Indiana, 175,821 motor vehicle collisions were reported in 2020. Of those, 8%, or 14,221 involved commercial vehicles. Of those commercial vehicle accidents, 134 were fatal. Accidents with semi trucks or commercial vehicles may lead to more questions than answers for victims. Commercial trucking companies have extensive legal teams ready to prevent you from getting&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>In Indiana, 175,821 motor vehicle collisions were reported in 2020. Of those, 8%, or 14,221 involved commercial vehicles. Of those commercial vehicle accidents, 134 were fatal. Accidents with semi trucks or commercial vehicles may lead to more questions than answers for victims. Commercial trucking companies have extensive legal teams ready to prevent you from getting your much-deserved compensation. Accidents often have no easily discernible cause, making it even harder for victims to recover damages.</p>



<p>According to a recent <a href="https://www.wishtv.com/news/local-news/crash-closes-all-lanes-of-eb-i-70-at-state-road-109-in-henry-county/" rel="noopener noreferrer" target="_blank">article</a>, two semi-trucks collided head-on after one crossed the center median for unknown reasons. The driver of the semi-truck that crossed the median died on the scene, and the other was taken to the hospital with injuries. The incident combined with several other crashes that day led to massive closures on I-70, bottlenecking roads and diverting drivers.</p>



<p><strong>Common Causes of Truck Accidents</strong></p>



<p>Truck crash victims and their loved ones may be left with more questions than answers after an accident. To file a claim, injured drivers and passengers must prove a truck driver acted negligently or breached a duty of care in a way that caused their injuries. This can be difficult when an investigation into the cause of an accident is ongoing and the reason for the accident is not immediately clear. A skilled personal injury attorney with experience in truck accident claims can help understand potential factors that may have caused your accident to evaluate your claim. Attorneys have access to experts that can recreate the accident and determine the cause.</p>



<p>There are several common causes of truck accidents, some of which may be present at the same time. Sometimes defective parts on a truck cause an accident. This would also contribute to negligence on the part of drivers, who are obligated to perform regular inspections and maintain their trucks. To that point, failure to properly maintain a truck can also contribute to an accident. Truck drivers are also required to ensure their loads are within reasonable limits to avoid problems with braking or spills. Overloaded trucks can thus contribute to accidents. Distracted driving is also a common reason for a trucking accident. Other factors out of the truck driver’s control may include winds and air turbulence and the errors of other drivers. If you suspect the truck driver was at fault in your accident, contact an Indiana personal injury attorney as soon as possible. Trucking companies often have a head start in these accidents because these companies have investigators and attorneys to evaluate the scene immediately.</p>



<p><strong>Do You Need an Indiana Truck Crash Attorney?</strong></p>



<p>If you or a loved one has been in an <a href="/practice-areas/personal-injury/truck-accidents/">accident with a semi truck</a> in Indiana, call an experienced personal injury attorney. Attorney Burton A. Padove has nearly four decades of experience in personal injury law and can help you and your family recover compensation for your injuries. To schedule an initial consultation today, contact us at 219-836-2200. Calling is free, and we will not bill you for our representation unless we can recover compensation on your behalf.</p>
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                <title><![CDATA[Indiana Truck Accidents Caused by Mechanical Failures]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/indiana-truck-accidents-caused-by-mechanical-failures/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/indiana-truck-accidents-caused-by-mechanical-failures/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Thu, 17 Mar 2022 14:59:05 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Truck transport remains one of the most popular ways to ship goods throughout the country. Despite newer and faster ways of transport, companies continue to use this method, leading to more and more large trucks on major roadways. This increase has inevitably led to more Indiana trucking accidents. In addition to driver error, mechanical defects&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Truck transport remains one of the most popular ways to ship goods throughout the country. Despite newer and faster ways of transport, companies continue to use this method, leading to more and more large trucks on major roadways. This increase has inevitably led to more Indiana trucking accidents. In addition to driver error, mechanical defects account for nearly 30% of all truck accidents. This startling number elucidates the preventability of these accidents.</p>


<p>Many trucks outweigh passenger vehicles at a rate of 20 to 1; as such, an accident with a large truck is likely to result in serious injuries. Motorists rely on companies to properly vet and train their employees, drivers to maintain safe driving habits, and both entities to inspect their vehicles for safety. A failure at any of these junctures can lead to liability for the damages that ensure. In terms of mechanical failures, the most common failures include brake, transmission and tire failures.</p>


<p><strong>Brake Failure</strong></p>


<p>Brakes are one of the most important mechanical components of a truck. A brake failure can cause a driver to lose control of their large vehicles and slam into an object, bystander, or vehicle. These failures may arise from worn brake discs, thinning pads, defective lines, or leaking brake fluids.</p>


<p>more
<strong>Transmission Failure</strong></p>


<p>Companies design truck transmissions to withstand significant amounts of weight; however, cumbersome loads can result in a transmission failure. Overloaded cargo or imbalance loading can cause a transmission failure.</p>


<p><strong>Tire Failure</strong></p>


<p>Tire failure is a leading cause of trucking accidents in the country. A tire may blow out or fail because of defective tires. This may occur when a driver or company fails to care for the vehicle’s tires properly. Proper care involves rotating tires, measuring tire treat, replacing balding tires, and monitoring tire pressure.</p>


<p>In some cases, the mechanical issue may not be evident at first glance. For instance, a recent news <a href="https://www.fox32chicago.com/news/2-hospitalized-after-2-vehicle-crash-on-i-65-in-indiana-police" rel="noopener noreferrer" target="_blank">report</a> described an Indiana trucking accident where one truck experienced an unknown mechanical failure. According to an early investigation, a 2005 Volvo tractor-trailer experiencing the mechanical issue was driving at a slow speed when a Peterbilt driving at average speeds tried to avoid the tractor-trailer but ended up slamming into its rear. The Peterbilt truck ran off the roadway and overturned on its side. A Good Samaritan helped pull the truck driver from the cabin, and emergency responders transported him to the hospital to treat his serious injuries.</p>


<p><strong>Have You Suffered Injuries in an Indiana Truck Accident</strong></p>


<p>If you or someone you love has suffered severe injuries in an accident, contact the Indiana personal injury lawyer at Padove Law. Truck accidents involve the complex interplay of various factors, and our firm can help investigate the claim to determine the failure that led to the accident. In addition to Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a> lawsuits, our firm handles claims involving premises liability, products liability, bike accidents, motorcycle accidents, and medical malpractice claims. Attorney Padove has significant experience successfully representing clients in their claims for damages. Contact our office at 219-836-2200 to schedule a free initial consultation with an attorney on our team.</p>


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                <title><![CDATA[Filing a Wrongful Death Lawsuit in Indiana]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/filing-a-wrongful-death-lawsuit-in-indiana/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/filing-a-wrongful-death-lawsuit-in-indiana/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Thu, 20 May 2021 17:17:27 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                    <category><![CDATA[Wrongful Death]]></category>
                
                
                
                
                <description><![CDATA[<p>When the driver’s negligence or recklessness results in a fatal Indiana car accident, the accident victim’s surviving loved ones may file an Indiana wrongful death lawsuit. Wrongful death claims, which are essentially personal injury lawsuits where the injured person has died and is no longer able to bring a claim on their own behalf, can&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>When the driver’s negligence or recklessness results in a fatal Indiana car accident, the accident victim’s surviving loved ones may file an Indiana wrongful death lawsuit. Wrongful death claims, which are essentially personal injury lawsuits where the injured person has died and is no longer able to bring a claim on their own behalf, can often be a means of recovering compensation following a tragic accident.</p>


<p>According to a recent news <a href="https://www.wndu.com/2021/05/12/father-of-south-bend-baby-killed-in-semi-truck-crash-forgives-wrongful-driver/" rel="noopener noreferrer" target="_blank">report</a>, a tragic car accident left a couple’s six-month-old son dead. Based on reports from local authorities, the child’s mother was rear-ended by a semi-truck at a stoplight, and the boy died from his injuries following the accident. The child’s mother experienced minimal bruising and soreness, and the couple’s two-year-old daughter underwent surgery to repair a broken femur. The daughter also suffered multiple fractures in her skull but is reportedly in stable condition.</p>


<p>Indiana’s wrongful death statute defines the term “wrongful death” as one that was “caused by the wrongful act or omission of another” person or entity. The most common types of injuries that give rise to a wrongful death claim include negligence-based accidents, such as car crashes or personal injuries, medical malpractice, or intentional acts.</p>


<p>In Indiana, who is eligible to bring a wrongful death lawsuit depends on whether the deceased was an adult or a child. For children who passed away due to an accident, the claim must be brought by one or both of the child’s parents. In the event that the parents are divorced, the claim should be filed by the parent who has legal custody of the child. If a parent’s parental rights were terminated or the child’s parents are deceased, the child’s legal guardian is able to bring a suit on their behalf.</p>


<p>For adult accident victims, Indiana only allows the personal representative of the deceased’s estate to file a wrongful death claim. Although other states may have a more relaxed rule that allows family members to file on their behalf, Indiana only allows the executor of a deceased’s estate to bring such a claim.</p>


<p>Following a tragic accident resulting in a loved one’s death, it is crucial that you move quickly to file your claim. Although filing a lawsuit may be the furthest thing from your mind in the wake of the loss of a loved one, Indiana law requires that wrongful death claims be filed two years from the date of the individual’s death. This deadline applies whether the deceased was an adult or a child, and claims filed after this period are usually barred from being heard by the court.</p>


<p><strong>Do You Need an Indiana Wrongful Death Attorney?</strong></p>


<p>If someone you love recently passed away because due to another’s negligence, you may be eligible for financial compensation through an Indiana <a href="/practice-areas/personal-injury/wrongful-death/">wrongful death</a> claim. Attorney Burton A. Padove has years of experience representing clients in all types of personal injury claims and will ensure that you effectively pursue the compensation you deserve. To schedule a free consultation today, contact the Law Office of Burton Padove at 219-836-2200.</p>


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                <title><![CDATA[Recovering from an Indiana Truck Accident]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/recovering-from-an-indiana-truck-accident/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/recovering-from-an-indiana-truck-accident/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Thu, 17 Dec 2020 19:26:53 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>When driving, you often share the road with vehicles much larger than the one you’re in. As a result, it’s important to proactively keep an eye out for trucks, buses, and other large commercial vehicles. Often, Indiana truck accidents have significant consequences because truck drivers fail to live up to the expectations the law places&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>When driving, you often share the road with vehicles much larger than the one you’re in. As a result, it’s important to proactively keep an eye out for trucks, buses, and other large commercial vehicles. Often, Indiana truck accidents have significant consequences because truck drivers fail to live up to the expectations the law places upon them. When this occurs, truck drivers and their employers may be liable for an accident victim’s injuries.</p>


<p>In Indiana, truck accidents are common. According to a recent <a href="https://pittsburgh.cbslocal.com/2020/12/02/indiana-county-head-on-collision/" rel="noopener noreferrer" target="_blank">news article</a>, the driver of a pick-up truck was pronounced dead following a head-on collision in Indiana County. The deceased was struck by a tri-axle truck that crossed the center line of the road, causing the two trucks to crash. The pick-up truck driver was pronounced dead at the scene, and the condition of the four other passengers in his vehicle is unknown.</p>


<p>In Indiana, there are various laws governing truck accidents. For example, the Indiana Department of Transportation has established its own set of trucking regulations that cover requirements such as obtaining permits and oversized loads. There are also federal laws governing commercial trucking in the United States, with standards covering details such as inspections, transportation of hazardous materials, licensing, use of mobile devices while operating a vehicle, and emergency signal equipment. These elements could be important for establishing liability if you are the victim of a truck accident.</p>


<p>In truck accident cases, establishing liability can often be challenging. To prove that the other party is at fault, potential plaintiffs must show that the defendant was negligently operating their vehicle and failed to exercise reasonable care while on the road, which led to the accident. When truck accidents occur, it is often common for the at-fault truck driver or their insurance company to attempt to blame another party. For instance, the defendant may argue that because their tires were faulty, that it was the tire manufacturer that was actually responsible for the accident.</p>


<p>Because truck accident claims involving significant injuries can often be complex to navigate, potential plaintiffs are advised to hire an experienced attorney to best represent their interests. Although these collisions may initially only involve one or two defendants, these claims can quickly expand in size as the at-fault party attempts to shift its responsibility onto other entities. When this occurs, having an experienced lawyer can make all the difference when holding the defendants responsible and obtaining financial compensation for your injuries.</p>


<p><strong>Have You Been Injured in an Indiana Truck Accident?</strong></p>


<p>If you or someone you know has been injured in a truck or car accident, contact Padove Law. Lawyer Burton A. Padove has represented Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a> victims and their families for decades, and has significant experience handling even the most complex and contested cases. He understands that recovering from an accident is often a traumatic experience, and caters his representation according to each client’s unique needs. To schedule a free consultation today, contact us at 219-836-2200. Calling is free, and because we will not bill you unless we’re able to recover compensation on your behalf, there is no risk in calling.</p>


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                <title><![CDATA[Indiana Toll Road Accident Leaves One Dead and Several Injured]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/indiana-toll-road-accident-leaves-one-dead-and-several-injured/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/indiana-toll-road-accident-leaves-one-dead-and-several-injured/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Fri, 23 Oct 2020 20:24:17 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>We’ve all been there: you’re headed to our next destination, and suddenly an onslaught of traffic comes out of nowhere, followed by a massive slowdown. Although vehicles in traffic tend to move at a slow pace, cars and trucks approaching traffic or surprise slowdowns can often lead to dangerous car accidents. When approaching a major&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>We’ve all been there: you’re headed to our next destination, and suddenly an onslaught of traffic comes out of nowhere, followed by a massive slowdown. Although vehicles in traffic tend to move at a slow pace, cars and trucks approaching traffic or surprise slowdowns can often lead to dangerous car accidents. When approaching a major traffic clog on a busy roadway, large vehicles that don’t slow down in time or change lanes suddenly can often lead to catastrophic consequences for both themselves and the drivers around them.</p>


<p>In a recent Indiana news <a href="https://www.wane.com/news/indiana/one-killed-2-hurt-after-car-crashes-into-back-of-semi-on-indiana-toll-road/" rel="noopener noreferrer" target="_blank">report</a>, a major car accident on a local toll road left a teenager dead and several injured. According to a preliminary investigation by Indiana State Police, a semi-truck was heading eastbound when it hit traffic that had accumulated because of a nearby crash. When the semi-truck driver changed lanes as he slowed down, a vehicle hit the back of the tanker-trailer that he was hauling. The driver and two of the vehicle passengers were all airlifted to a local hospital, and another back seat passenger died from his injuries.</p>


<p>In Indiana, when a driver changes lanes suddenly and an accident occurs, it may initially be unclear who is at fault. However, drivers have a responsibility both to their passengers and to other drivers on the road to adhere to local laws and operate their vehicles with safety and caution. When changing lanes, drivers should assess the situation by checking their mirrors, slowing down or speeding up appropriately, and putting drivers around them on notice by using their turn signal before making their lane change. For drivers of large vehicles, such as semi-trucks, ensuring adequate room to make a lane change is crucial.</p>


<p>When an Indiana driver fails to take the necessary steps to safely change lanes and a car accident results, the driver may be liable for any resulting injuries. Depending on the context of the accident, the other driver may also potentially be partially responsible. To prove fault in an accident caused by an improper lane-change, it is crucial that an accident victim has as much evidence as possible. Taking photos of the accident and vehicles on the scene, assessing whether drugs or alcohol were involved in the incident, and gathering camera footage captured by nearby businesses or other cars could all help to establish liability against the other party.</p>


<p>In addition, Indiana’s comparative fault system allows accident victims to recover damages following a lane change accident, even if they were partially at fault for the accident. An accident victim’s damages, however, would be lowered based on the proportion of fault assigned to you. In Indiana, if someone is more than 50 percent at fault, they are barred from recovering any monetary damages from the accident. Thus, the assistance of a dedicated injury attorney is crucial to the success of these claims.</p>


<p><strong>Have You Been Injured in an Indiana Car Accident?</strong></p>


<p>If you or someone you know has been injured in an Indiana <a href="/practice-areas/personal-injury/car-accidents/">car accident</a>, contact Padove law today. Lawyer Burton A. Padove has decades of experience successfully and compassionately representing clients in various personal injury claims and will advocate tirelessly on your behalf to help you pursue the compensation you deserve. To schedule a free initial consultation today, contact us at 219-836-2200.</p>


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                <title><![CDATA[Court Addresses Whether “Failure to Mitigate” Instruction was Appropriate in Indiana Truck Accident Lawsuit]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/court-addresses-whether-failure-to-mitigate-instruction-was-appropriate-in-indiana-truck-accident-lawsuit/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/court-addresses-whether-failure-to-mitigate-instruction-was-appropriate-in-indiana-truck-accident-lawsuit/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Wed, 07 Oct 2020 17:42:24 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Recently, the state’s supreme court issued an opinion stemming from an Indiana tractor-trailer accident. According to the opinion, the plaintiff was traveling from Georgia to Iowa to begin a new job. While he was driving, a tractor-trailer hit the plaintiff’s car, causing the plaintiff to slam his head against his window. The tractor-trailer driver continued&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Recently, the state’s supreme court issued an <a href="https://law.justia.com/cases/indiana/supreme-court/2020/20s-ct-548.html?" rel="noopener noreferrer" target="_blank">opinion</a> stemming from an Indiana tractor-trailer accident. According to the opinion, the plaintiff was traveling from Georgia to Iowa to begin a new job. While he was driving, a tractor-trailer hit the plaintiff’s car, causing the plaintiff to slam his head against his window. The tractor-trailer driver continued to drive after the collision; however, the plaintiff could flag him down and motion him to stop. When police arrived, the plaintiff advised them that he was not hurt and did not need assistance. However, at some point during his trip, he felt something irritate his eye. After arriving in Iowa, he washed out his eye and pulled out a piece of glass. He went to the hospital and was referred to an ophthalmologist who recommended an MRI. The MRI showed a tumor, and the doctor warned him that he should have the tumor removed or risk going blind.</p>


<p>A few months later, the plaintiff sought treatment from a neurosurgeon who told him that he was experiencing a pituitary apoplexy, often triggered by a sudden event caused by bleeding into the tumor. The plaintiff underwent surgery and removed the tumor. Following the surgery, the plaintiff met with an endocrinologist, who diagnosed him with a hormonal imbalance. The doctor advised him to start testosterone injections, but the plaintiff waited a year before beginning treatment.</p>


<p>The plaintiff filed a lawsuit against the truck driver and his employer, claiming that the accident caused a pre-existing tumor to swell. The parties admitted fault, but disputed damages, arguing that the plaintiff failed to mitigate them. The defendants argued that the plaintiff did not take the medication his doctor prescribed, failed to follow-up with alternative medicine, and did not fill his eyeglasses prescription. The defendant asked the court to provide the jury with a failure to mitigate damages instruction. The plaintiff argued that there was not enough evidence for the instruction.</p>


<p>Under Indiana law, a plaintiff must use reasonable care to mitigate their damages after suffering an injury. A plaintiff may not recover for any item of damage that they could have avoided through reasonable care. In these cases, the defendant bears the burden of proof by the greater weight of the evidence that the plaintiff failed to mitigate their damages. This evidence does not prove fault, but instead reduces the plaintiff’s damages.</p>


<p>In this case, the court found that a failure to mitigate instruction is appropriate if the evidence supports a finding that the plaintiff’s actions or omissions failed to mitigate his harm, by any “quantifiable amount.” Defendants do not need to prescribe a specific numerical value to the plaintiff’s harm. Just as the plaintiff does not need to provide an exact mathematically precise claim for damages, neither does the defendant. Therefore, the court found that the trial court did not err in providing the instruction.</p>


<p><strong>Have You Suffered Injuries in an Indiana Car Accident?</strong></p>


<p>If you or someone you know has suffered injuries in an Indiana accident, contact Padove Law. Attorney Burton A. Padove has a long history of successfully representing clients in their personal injury cases. He provides vigorous representation in many areas of personal injury, including Indiana <a href="/practice-areas/personal-injury/car-accidents/">car accidents</a>, defective products, worker’s compensation, wrongful death, and medical malpractice. Through his dedicated and compassionate representation, clients have recovered significant amounts of compensation for their losses. Contact Padove Law at 219-836-2200 to schedule a free initial consultation with an attorney at our law firm.</p>


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                <title><![CDATA[Four Dead and Seven Injured After Tragic Indiana Chain Reaction Car Accident]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/four-dead-and-seven-injured-after-tragic-indiana-chain-reaction-car-accident/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/four-dead-and-seven-injured-after-tragic-indiana-chain-reaction-car-accident/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Thu, 18 Jun 2020 23:22:39 GMT</pubDate>
                
                    <category><![CDATA[Car Accidents]]></category>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>When someone imagines a car accident, they typically picture an incident involving two people or parties. However, there are often Indiana car crashes involving more than just two parties, vehicles, or people responsible. In light of often complicated circumstances surrounding the events leading up to the accident, it may be difficult to assign fault or&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>When someone imagines a car accident, they typically picture an incident involving two people or parties. However, there are often Indiana car crashes involving more than just two parties, vehicles, or people responsible. In light of often complicated circumstances surrounding the events leading up to the accident, it may be difficult to assign fault or figure out who is responsible. Regardless, parties who cause these incidents should be held accountable, and the complexity of having multiple defendants should not deter an accident victim from pursuing a claim following a car crash.</p>


<p>According to a recent news <a href="https://wkow.com/2020/06/12/multiple-people-dead-hurt-following-chain-reaction-on-i-39/" rel="noopener noreferrer" target="_blank">report</a>, a major car accident involving multiple vehicles left four people dead and seven injured after a series of chain-reaction crashes. Evidently, the first crash occurred when two semi-trucks collided at around 4:00 am. An hour later, another truck crashed into the first crash scene, which left a local highway worker seriously injured and two state troopers with serious but non-life-threatening injuries. All three were transported to a local hospital to be treated. At 6:45 am, another accident occurred when a semi-tractor traveling at highway speeds caused crashed into at least seven vehicles. This collision involved two semi-tractor trailers, a dump truck and four passenger vehicles, and resulted in multiple fatalities and injuries. This final accident resulted in the death of the initial semi-tractor driver and three others.</p>


<p>After the second crash, electronic highway signs were set up to alert drivers that crashes had occurred ahead and that they needed to exercise additional caution. However, the subsequent accidents still occurred because of distracted driving by motorists and a lack of awareness of their surroundings. According to local authorities, had nearby bystanders failed to immediately provide assistance to those who were injured, there could have been even more fatalities.</p>


<p>In chain reaction motorist crashes, establishing the timeline of the initial and subsequent accidents is crucial. When a multi-vehicle accident occurs, it can often be challenging to determine fault for a variety of reasons. Figuring out which party or parties actually caused the accident, examining the percentage of fault that should be assigned to each individual, and even laying out how the accident happened can pose difficulties given the number of parties involved. This is just one of several reasons why potential plaintiffs are encouraged to work with an experienced personal injury attorney who understands how to navigate state laws involving multi-vehicle accidents.</p>


<p><strong>Have You Been Injured in an Indiana Car Accident?</strong></p>


<p>Indiana <a href="/practice-areas/personal-injury/car-accidents/">chain-reaction car accidents</a> can be complex and difficult to navigate. If you or someone you love has been injured in a car accident, it is of the utmost importance to have a dedicated and experienced attorney assist you with your claim. Attorney Burton A. Padove has over three decades of experience handling complex multi-vehicle car accident lawsuits and other personal injury issues. He has assisted countless car accident victims receive the compensation they deserve so they focus on healing. If you or a loved one have suffered injuries following an Indiana car accident, you may be entitled to monetary compensation. Compensation may include amounts for medical expenses, ongoing rehabilitation bills, property damage, lost earnings, as well as any pain and suffering you suffered as a result of the incident. Contact Indiana personal injury attorney Burton A. Padove at 219-836-2200 to schedule your free initial consultation.</p>


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                <title><![CDATA[Serious Accidents Involving Indiana Commercial Trucks]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/serious-accidents-involving-indiana-commercial-trucks/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/serious-accidents-involving-indiana-commercial-trucks/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Thu, 04 Jun 2020 23:11:23 GMT</pubDate>
                
                    <category><![CDATA[Auto Accident]]></category>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Although, commercial trucks are essential to interstate travel and critical to the economy, they present a significant risk to motorists. According to the Federal Motor Carrier Safety Administration, there were 2743 fatal truck and bus crashes in the United States in 2019. These accidents resulted in the deaths of over 3,000 people. Trucks and buses&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Although, commercial trucks are essential to interstate travel and critical to the economy, they present a significant risk to motorists. According to the Federal Motor Carrier Safety Administration, there were 2743 fatal truck and bus crashes in the United States in 2019. These accidents resulted in the deaths of over 3,000 people. Trucks and buses include vehicles such as 18-wheelers, coal trucks, semi-trucks, and cement trucks. The size of these vehicles, particularly when carrying a heavy load, makes them challenging to control, especially in inclement weather or navigating poorly maintained roadways. Additionally, these vehicles can often cause or contribute to chain-reaction accidents because they take almost twice as long to stop as other passenger vehicles.</p>


<p>Many truck accidents occur in Indiana because the state has long stretches of highways that serve as a significant pass-throughs for long-haul truckers. A majority of fatal Indiana truck accidents occur in Putnam County, Tipton County, and Wayne County, Indiana. Most Indiana truck and bus accidents involve more than one underlying cause; however, they typically involve similar factors. Some common causes of Indiana trucking accidents are the result of defective truck parts, speeding, driver inexperience, driver impairment, fatigue, and distracted driving. Further, many accidents are the result of drivers failing to abide by state traffic laws designed to prevent accidents, such as Indiana’s Move Over Laws.</p>


<p>For example, recently, a Porter County truck accident claimed the life of a 38-year-old man. According to a local news <a href="https://wkvi.com/2020/05/porter-county-crash-claims-life-of-knox-man/" rel="noopener noreferrer" target="_blank">report</a>, the man parked his Dodge Ram on the shoulder of a highway where construction workers were performing maintenance. As he stepped out of his car, a tractor-trailer, hauling 37,000 pounds of pork, drove onto the shoulder and slammed into the man’s car. The collision caused the truck to go down a ditch and slam into trees. The tractor-trailer continued to travel east, crossing through lanes, ultimately slamming into a median wall and bursting into flames. State police, in conjunction with several other agencies, are continuing to investigate the cause of the accident.</p>


<p>Determining liability after an accident with a commercial truck driver can be complicated because multiple parties may be liable for an accident victim’s damages. In some cases, a trucking company may be responsible if their employee’s negligence occurred during the course and scope of their employment. Additionally, trucking companies may be primarily liable if they engaged in negligent training, hiring, or retention. Moreover, truck manufacturers may be responsible if the accident was a result of a defective truck part. Indiana truck accidents can have long-lasting and devastating impacts on everyone involved. As such, it is crucial that Indiana truck accident injury victims contact an attorney to understand their right to recovery.</p>


<p><strong>Have You Suffered Injuries in an Indiana Trucking Accident?</strong></p>


<p>If you or someone you love has suffered injuries in an Indiana <a href="/practice-areas/personal-injury/truck-accidents/">trucking accident</a>, contact Padove Law for immediate assistance. Attorney Padove is a highly skilled Indiana trucking accident attorney and has successfully represented a significant number of accident victims. He has represented clients in various personal injury cases, including car and truck accidents, premises liability cases, product liability claims, wrongful death cases, and medical malpractice lawsuits. Padove Law clients have recovered substantial compensation for their medical expenses, property damage, lost wages, and pain and suffering. Contact Padove Law to discuss your Indiana injury case at, 219-836-2200.</p>


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                <title><![CDATA[Responsible Parties in Indiana Trucking Accidents]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/responsible-parties-in-indiana-trucking-accidents/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/responsible-parties-in-indiana-trucking-accidents/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Fri, 06 Mar 2020 20:23:06 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>Individuals who suffer injuries in Indiana trucking accidents often face challenges determining the liable parties. Many people do not know that in addition to the negligent truck driver, there may be other individuals or entities who contributed to the accident and the victim’s injuries. Indiana trucking accident victims should seek damages from all potentially liable&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>Individuals who suffer injuries in Indiana trucking accidents often face challenges determining the liable parties. Many people do not know that in addition to the negligent truck driver, there may be other individuals or entities who contributed to the accident and the victim’s injuries. Indiana <a href="https://www.justia.com/injury/motor-vehicle-accidents/truck-accidents/" rel="noopener noreferrer" target="_blank">trucking accident</a> victims should seek damages from all potentially liable parties to ensure that they receive the maximum amount of compensation they deserve.</p>


<p>In commercial trucking accident lawsuits, defendants may include the truck driver, the trucking company, a business that commissioned the delivery, and anyone responsible for the truck’s parts or trailers. Truck drivers may be liable for their negligence in instances where they were speeding, distracted, fatigued, or otherwise operating their vehicle in an unsafe manner. Holding the trucking company and other related entities liable requires a thorough understanding of Indiana vicarious liability laws.</p>


<p>Vicarious liability is a type of secondary liability that imposes responsibility on the truck driver’s employer. The employer, frequently referred to as the principal, is liable for the negligence or actions of their employee, the agent. Trucking employers may be responsible if the employee was working under the employer’s direction, the employer possessed the authority to control the employee’s actions, and the employee’s behaviors occurred during the course and scope of employment.</p>


<p>The law provides several exceptions to employers who are facing vicarious liability charges. One such defense is the “frolic and detour” exception; under this exception, a company may avoid liability if their employee used a company vehicle for their own purposes. Further, companies may avoid liability by claiming that they did not maintain control over the truck driver because the driver was an independent contractor.</p>


<p>For example, recently, a state appellate court issued an <a href="https://law.justia.com/cases/federal/appellate-courts/ca7/19-1739/19-1739-2020-02-06.html" rel="noopener noreferrer" target="_blank">opinion</a> that illustrated the various issues that arise in trucking accident lawsuits involving several parties. In that case, a dairy delivery company hired a trucking company to transport milk from Indiana to its final destination. Upon acceptance, the trucking company agreed to call the delivery company with status updates, protect the freight, notify the appropriate parties of any damage, and advise the company when the cargo was delivered. Issues arose after the truck driver caused an accident and the injury victim filed a lawsuit against the trucking company, truck driver, and delivery company. The court found that the delivery company was not liable because they did not maintain control over the method of delivery, and the truck driver was an independent contractor.</p>


<p><strong>Have You Been Involved in an Accident with a Negligent Indiana Truck Driver?</strong></p>


<p>If you or someone you know has suffered serious injuries in an accident with a truck driver, you should contact the experienced Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck accident</a> attorney at Padove Law. Mr. Padove has extensive experience successfully representing Indiana truck accident victims in their claims for damages. He possesses thorough and comprehensive knowledge regarding the various statutes and regulations that govern Indiana personal injury lawsuits. Also, he has the skills and experience to advocate during settlement and trial proceedings zealously. Call 219-836-2200 to schedule a free initial consultation with Attorney Padove.</p>


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                <title><![CDATA[Common Cause of Indiana Trucking Accidents]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/common-cause-of-indiana-trucking-accidents/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/common-cause-of-indiana-trucking-accidents/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Wed, 19 Feb 2020 21:56:15 GMT</pubDate>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                
                
                <description><![CDATA[<p>The Federal Motor Carrier Safety Administration (FMCSA), in conjunction with the National Highway Traffic Safety Administration (NHTSA), researches car and trucking accidents, compiles statistics, publishes findings, and provides the public with traffic safety resources. According to these agencies, the country has seen a steady increase in trucking accidents. These accidents can have severe and longstanding&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>The Federal Motor Carrier Safety Administration (FMCSA), in conjunction with the National Highway Traffic Safety Administration (NHTSA), researches car and trucking accidents, compiles <a href="https://cms8.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2017" rel="noopener noreferrer" target="_blank">statistics</a>, publishes findings, and provides the public with traffic safety resources. According to these agencies, the country has seen a steady increase in trucking accidents. These accidents can have severe and longstanding injuries for Indiana motorists, passengers, and pedestrians. Those that have suffered injuries in an Indiana trucking accident should understand the common causes of trucking accidents and who may be liable for their damages.</p>


<p>According to the FMCSA and NHTSA, most serious truck accidents include similar negligent behavior; however, many accidents have more than one contributing factor. The five most common reasons for truck accidents are driver fatigue, drug and alcohol use, driver error, speeding, and distraction.</p>


<p>Fatigue is the most common cause of Indiana trucking accidents because many truckers drive for many hours with limited rest. Truck drivers often suffer from fatigue because of their employer’s demand for, often unreasonable, fast delivery turnarounds in combination with trending consumer expectations. Many drivers turn to stimulants and other substances to meet these expectations and manage stress. However, the consequences of alcohol and drug use can be disastrous to other motorists. Further, many Indiana trucking companies fail to adequately train their drivers and teach them how to inspect and maintain their trucks. Untrained and inexperienced truck drivers operating large vehicles pose serious dangers to the public. Finally, distracted driving is a common cause of Indiana trucking accidents. These drivers often spend many long hours on the road, and they will often engage in risky behavior to take their mind off of driving and quell their boredom. Some drivers will look at their phones to visit social media or text their friends and family. Even some innocuous behaviors, such as reaching for something, can cause serious accidents.</p>


<p>For example, recently, an Indiana truck driver slammed into slowing traffic as he glanced away from the road to set his coffee mug down. According to Indiana news <a href="https://www.foxnews.com/us/indiana-interstate-crash-semi-truck-backup-65-boone-county" rel="noopener noreferrer" target="_blank">reports</a>, three people died and over a dozen were hospitalized after the semi-truck collided into the vehicles in front of him. The truck driver admitted to police officials that he failed to see the slowing traffic in front of him when he looked away to set his coffee down. The truck driver was charged with several counts of reckless homicide, and the case is still under investigation.</p>


<p><strong>Have You Suffered Injuries in an Indiana Trucking Accident?</strong></p>


<p>If you or someone you know suffered serious injuries because of a negligent Indiana <a href="/practice-areas/personal-injury/truck-accidents/">truck driver</a>, you may be entitled to monetary compensation for your injuries. Attorney Burton Padove has years of experience successfully handling challenging Indiana trucking accidents. He has over three decades of experience handling various personal injury lawsuits on behalf of Indiana injury victims. Attorney Padove possesses the unique ability to compassionately handle his client’s concerns while aggressively advocating on their behalf. He has obtained records verdicts and many of his clients receive substantial compensation for the injuries they sustained. Contact Padove Law for an initial consultation at, 219-836-2200.</p>


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                <title><![CDATA[Transport Company May Be Liable for Indiana Truck Driver Injury]]></title>
                <link>https://www.indianapersonalinjurylawyer.net/blog/transport-company-may-be-liable-for-indiana-semi-truck-driver-injury/</link>
                <guid isPermaLink="true">https://www.indianapersonalinjurylawyer.net/blog/transport-company-may-be-liable-for-indiana-semi-truck-driver-injury/</guid>
                <dc:creator><![CDATA[Padove Law]]></dc:creator>
                <pubDate>Wed, 15 May 2019 20:53:22 GMT</pubDate>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Tractor-Trailer Accidents]]></category>
                
                
                    <category><![CDATA[personal injury attorney Munster]]></category>
                
                
                
                <description><![CDATA[<p>A trucker severely injured when his trailer contents fell on him as he opened the trailer door won a partial legal victory when the Indiana Court of Appeals recently overturned a summary judgment against the trucking company whose employee loaded the trailer. Munster personal injury attorneys will note that while this was a work-related injury,&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>A trucker severely injured when his trailer contents fell on him as he opened  the trailer door won a partial legal victory when the <a href="https://www.in.gov/judiciary/opinions/pdf/04121901lmb.pdf" rel="noopener noreferrer" target="_blank">Indiana Court of Appeals</a> recently overturned a summary judgment against the trucking company whose employee loaded the trailer.</p>


<p>Munster personal injury attorneys will note that while this was a work-related injury, which presumably would entitle the truck driver to workers’ compensation from his own employer, such third-party lawsuits to cover the full cost of losses is not uncommon in Indiana.</p>


<p>The trial court in this case held that both the engine parts manufacturer whose cargo was stowed in the truck, and the trucking company contracted to facilitate transport, did not owe a duty of care to the over-the-road-truck driver, whose employer was contracted by the trucking company to deliver the materials over longer distances. The state appellate court last month reversed this decision, at least as it pertained to the trucking company that contracted with the driver’s employer.</p>


<p>The cargo in question consisted of empty containers that had been lubricated with solvents. These were shipped from the manufacturer’s primary facility in Columbus, Indiana to a North Carolina facility some 650 miles away. The trailer had been loaded by an employee of the local trucking company, which was also responsible for directing its out-of-state transport.</p>


<p>When the plaintiff arrived to pick up the load, he didn’t notice anything unusual about the way the containers had been stacked. However, when he arrived at the final destination and opened the door of the trailer, the materials tumbled out on top of him. As it turned out, the cargo hadn’t been blocked and braced, which is standard for transport of materials of that size and weight. The results were serious permanent and disabling personal injuries, including traumatic brain injury and a broken neck.</p>


<p>Although workers’ compensation does provide those injured in the course and scope of employment with no-fault benefits like lost wages, reimbursement for medical bills and coverage of vocational training, such benefits don’t allow for non-economic damages such as pain-and-suffering. Munster <a href="/practice-areas/personal-injury/truck-accidents/">personal injury lawyers</a> know negligent third parties found liable are often compelled to pay these types of damages, which are especially critical if a work injury is serious and/or results in permanent disability.</p>


<p>The plaintiff argued the trucking company and the manufacturer were negligent for improper loading of the cargo, which proximately caused victim’s injury.</p>


<p>The defendants argued they were entitled to judgment in their favor as a matter of law because the plaintiff failed to prove:
</p>


<ul class="wp-block-list">
<li>the cargo was in fact negligently loaded;</li>
<li>that either company had taken on the responsibility to secure the driver’s load;</li>
<li>that even if those things were true, plaintiff, an experienced trucker, was comparatively negligent in his failure to notice there was a problem;</li>
<li>that anyone from either firm had given the trucker any assurance before he left that the cargo was properly loaded; and</li>
<li>that he was not denied an opportunity to check the load himself.</li>
</ul>


<p>
The trucking company defendant also argued federal (<a href="https://www.fmcsa.dot.gov/regulations/title49/section/392.9" rel="noopener noreferrer" target="_blank">49 C.F.R. § 392.9</a>) law expressly imparts a duty of care to inspect the load on the driver.</p>


<p>The appellate court was not convinced, instead finding credibility in the driver’s assertion that the circumstances in this case didn’t offer him any realistic chance to inspect the trailer contents. Justices noted in their opinion that it was the trucking company exclusively that loaded the freight and that the it could not hide behind the trucker’s duty to adhere to federal safety regulations for its own negligence in alleged failure to comply with industry standards for truck loading.</p>


<p><em>Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including Highland, Gary and Hammond.  </em></p>


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