Who to Sue After a Commercial Vehicle Accident Injury

If you have suffered injuries in a crash involving a commercial vehicle, such as a delivery truck, you don’t just have the right to demand accountability; you deserve it. Commercial vehicle accidents often involve more than just the driver. Liability can fall to the trucking company, third parties involved in loading or maintaining the trucks, and even manufacturers if a defect contributed to the accident.

The insurance policies carried by trucking companies are usually much larger than those for personal vehicles, but accessing those funds requires proving who is at fault and what rules were broken. At Schafer and Schafer LLP, we commonly hear from injured clients who don’t know where to turn after a commercial vehicle accident. By working with us, you’ll have a clear understanding of your accident, your rights, and how we can secure the compensation you need.

Understanding Commercial Vehicle Accidents

A commercial vehicle is any vehicle used for business purposes, and it goes far beyond just 18-wheelers. Because these vehicles are tied to businesses and corporations, liability after a crash is rarely straightforward.

What Counts as a Commercial Vehicle?

Commercial vehicles are not limited to just the big 18-wheelers. This category includes any vehicle used for business purposes such as delivery vans, box trucks, company cars, rideshare vehicles, and utility trucks. Because these vehicles operate on behalf of businesses or corporations, they are required to follow specific regulations and often involve more complex liability issues than private passenger vehicles.

Why Liability Can Be Complicated

Determining who is liable often requires a thorough investigation of driver logs, vehicle maintenance records, accident scene evidence, and compliance with safety regulations. 

It matters whether the driver is an employee or an independent contractor and whether the company owning the vehicle followed proper maintenance and safety protocols. Other parties, such as third-party contractors handling loading or maintenance, or manufacturers responsible for defective parts, can also share responsibility.

Who Can Be Held Liable After a Commercial Vehicle Accident Injury?

In Indiana, liability after a commercial vehicle accident is based on fault. This means the at fault party or parties can be held financially responsible for your injuries. Unlike standard car accidents, commercial vehicle crashes often involve several potentially liable parties. 

Depending on the facts of your case, any of the following may be held accountable:

Insurance Coverage in Commercial Vehicle Accident Claims

After a commercial vehicle accident, knowing who to sue is just as important as understanding the insurance coverage involved. When multiple parties share liability, each may have separate insurance policies that need to be addressed. By hiring a dedicated commercial vehicle accident attorney, we will handle all communication with the insurers on your behalf. Your own insurance may also play a role, especially if gaps exist in the at-fault party’s coverage. 

Types of Insurance That May Apply

Insurance Companies Often Involved

When a commercial vehicle accident occurs, multiple insurance companies may become involved, and this can complicate the claims process. Each insurer has its own policies, limits, and strategies, and they often work to minimize the amount they pay out. 

Some of the insurance companies commonly involved in commercial vehicle accident claims include:

Challenges Victims Face

When pursuing compensation after a commercial vehicle accident, victims and their families often encounter a series of common challenges and pitfalls. Identifying all responsible parties can be difficult, especially when liability is shared between drivers, trucking companies, contractors, or manufacturers. Insurance companies may dispute fault, delay payments, or attempt to minimize settlements, leaving the injured parties unsure of how they will recover. 

Specific Types of Commercial Vehicle Accidents

Delivery Truck Accidents

Delivery truck accidents often happen in residential neighborhoods. Drivers tend to make frequent stops on their routes, often full of unfamiliar streets. Delivery truck accidents are often the result from the pressures of tight delivery schedules, heavy cargo loads, and repeated stopping.

Because delivery trucks are operated under company policies, pursuing compensation often requires holding both the driver and the employer accountable. This means investigating company training practices, vehicle maintenance, and delivery route assignments. An experienced personal injury attorney will build a strong case for you, ensuring you receive fair compensation for your injuries and losses.

Amazon Truck Accidents

Accidents involving Amazon delivery trucks can be particularly complex due to the company’s use of contractors, third-party drivers, and logistics networks. Establishing liability may require examining the employment relationship, the driver's background, and the company’s policies on package delivery and driver safety. These factors can impact which parties you can sue and how you access the insurance coverage responsible for compensating your injuries.

Garbage Truck Accidents

Garbage truck accidents often involve heavy, specialized vehicles that operate in residential areas, creating unique risks for pedestrians, cyclists, and other drivers. These claims may require a detailed investigation into municipal or private waste management company protocols, driver work schedules, and equipment maintenance records. Compensation strategies may differ depending on whether the truck is publicly or privately operated.

Steps to Take After a Commercial Vehicle Accident

  1. Seek Immediate Medical Attention: Your health and safety come first, and medical records are critical for documenting injuries.
  2. Contact Law Enforcement: A police report provides an official record of the accident, which can support your claim.
  3. Document the Scene: Take photos of the vehicles, injuries, road conditions, and any relevant signage or signals.
  4. Collect Witness Information: Names and contact details of witnesses can strengthen your case.
  5. Avoid Speaking to Insurance Adjusters Alone: Statements to insurers can be used against you; wait until you have legal guidance.
  6. Gather Evidence: Keep any damaged property, medical bills, and correspondence related to the accident.
  7. Notify Your Insurance Company: Report the accident promptly while coordinating with your attorney.
  8. Contact an Experienced Commercial Vehicle Accident Attorney: Early legal support ensures your rights are protected and that all liable parties and insurance coverage are properly pursued.

Why Choosing a Personal Injury Law Firm Like Schafer and Schafer LLP Makes a Difference

At Schafer and Schafer LLP, we have a track record of securing life-changing commercial vehicle injury settlements for our clients, including:

These outcomes demonstrate our ability to take on large trucking companies and insurance providers, holding them accountable and securing the compensation our clients deserve. You don’t have to navigate this alone. Contact Schafer and Schafer LLP today for a free consultation with our commercial vehicle injury attorneys.

What to Do When Hit by an Uninsured Motorist in Indiana

Car accidents can turn lives upside down in an instant, leaving victims to endure not only the physical pain and trauma of their injuries but also the daunting reality of financial recovery. When the at-fault driver lacks insurance, this harsh reality intensifies; suddenly, an already difficult situation becomes tangled in a complex web of claims, coverage limitations, and legal hurdles. In Indiana, being hit by an uninsured motorist means confronting more than just the aftermath of the crash; it means navigating the intricate and often frustrating process of securing compensation without the safety net of the other driver’s insurance. 

Schafer & Schafer LLP stands as a powerful advocate for those facing this struggle, bringing deep local knowledge, tenacious legal guidance, and a commitment to justice. Our dedicated team fights aggressively to secure the compensation clients deserve, ensuring that the absence of insurance does not equate to a lack of accountability or hope for recovery. Contact our team today for a free consultation on your crash. 

Understanding Uninsured Motorist Accidents in Indiana

An uninsured motorist accident occurs when the driver responsible for the crash lacks any insurance coverage, creating a barrier for victims trying to recover damages. In Indiana, despite laws requiring drivers to maintain insurance, a significant number of motorists operate without it, which directly impacts how victims can seek compensation. 

When hit by an uninsured driver, victims face a complex challenge because the traditional route of filing a claim against the at-fault driver's insurer is not available. This forces victims to rely on their own uninsured motorist coverage if they have it, or to pursue legal action. The absence of insurance not only disrupts the financial recovery process but also complicates insurance claims, making it crucial to understand the protections available with experienced legal guidance representing your best interests. 

Steps to Take Immediately After the Accident

The moments following a car accident are critical, especially when the other driver is uninsured. After ensuring everyone’s safety and calling emergency responders if necessary, it is essential to begin protecting your legal rights and your ability to seek compensation.

After gathering information from the other driver, follow these key steps to protect your claim:

  1. Call 911 and report the accident to law enforcement
  2. Take photographs of the accident scene, vehicle damage, and injuries
  3. Collect contact and insurance information from all involved parties
  4. Obtain witness names and phone numbers
  5. Write down the time, date, and location of the accident
  6. Seek immediate medical attention, even if no injuries are apparent
  7. Notify your insurance company promptly
  8. Avoid accepting any on-the-spot payment offers from the uninsured driver

In hit-and-run accidents, where the responsible party flees the scene, the situation becomes more complicated but not without remedy. An experienced attorney can help trace the driver if possible and seek compensation through your uninsured motorist coverage or other available legal avenues. 

How Indiana’s Uninsured Motorist Coverage Works

Uninsured motorist coverage is a vital component of your auto insurance policy in Indiana, designed to protect you financially in the event you are involved in an accident with a driver who lacks insurance. By activating your uninsured motorist coverage, you can seek compensation for medical expenses, lost wages, pain and suffering, and property damage, all while streamlining the claims process. It ensures that the absence of insurance on the other party's part does not leave you bearing the full burden of your injuries and losses.

In Indiana, insurance providers are required by law to offer uninsured motorist coverage with minimum limits set by the state, though drivers can opt to reject this coverage in writing. Despite this option, carrying uninsured motorist coverage is strongly advisable as it shields you from devastating out-of-pocket expenses in accidents involving uninsured drivers. Keeping this coverage intact means you do not have to rely solely on the hopes of collecting damages from an uninsured driver, providing both legal and financial peace of mind.

Why Choose Schafer & Schafer LLP After an Uninsured Motorist Accident?

At Schafer & Schafer LLP, our attorneys are well-equipped to aggressively pursue the compensation victims deserve, fighting back against insurance companies and holding negligent parties accountable even when insurance is lacking. Choosing Schafer & Schafer LLP means gaining a committed legal ally who prioritizes justice and maximizes the recovery efforts in these difficult, often frustrating cases.

Call Schafer & Schafer LLP Today

If you've been hit by an uninsured driver, time is of the essence to protect your rights and build a strong case. Schafer & Schafer LLP offers a free consultation to help you understand your legal options and begin the process of securing the compensation essential for your medical bills, lost wages, and pain and suffering. Contact Schafer & Schafer LLP today at (219) 947-1911 and take the first step toward holding the responsible parties accountable.

Frequently Asked Questions About Uninsured Motorist Accidents

Can I Sue an Uninsured Driver in Indiana?

Yes, it is possible to sue an uninsured driver in Indiana, but it can be challenging since the driver may lack the financial resources to cover damages. If necessary, a personal injury lawsuit can be filed against the uninsured driver to seek damages, but successful collection depends on the driver’s assets. Having skilled legal representation can help navigate this process and explore all avenues to secure compensation.

What if the Driver Fled the Scene?

When the at-fault driver flees the scene, a hit-and-run accident, victims face additional difficulties in identifying and holding the responsible party accountable. Your uninsured motorist coverage may provide protection even when the other driver cannot be found. 

How Long Do I Have to File a Claim in Indiana?

In Indiana, the statute of limitations for filing a personal injury claim after a car accident is generally two years from the date of the accident. This means you must file your lawsuit within this period, or your right to seek damages may be barred. 

What damages can I recover from an uninsured motorist claim?

You can seek compensation for medical expenses, lost wages, pain and suffering, property damage, and other accident-related costs through your uninsured motorist coverage.

Is uninsured motorist coverage mandatory in Indiana?

Insurance companies in Indiana must offer uninsured motorist coverage, but drivers can reject it in writing. However, having this coverage is highly recommended to protect against accidents involving uninsured drivers.

How does uninsured motorist coverage affect my insurance premiums?

While adding uninsured motorist coverage may increase your premium slightly, it provides crucial financial protection that far outweighs the cost if you are involved in such an accident.

What to Know If You Were Injured by Farm Equipment on Indiana Roads

In Indiana, it's not unusual to find yourself driving behind a slow-moving tractor or combine. Agriculture is part of daily life here, and during planting and harvest seasons, farm machinery frequently shares the road with passenger vehicles. While most of the time, everyone gets where they’re going safely, sometimes things go wrong—and the results can be serious.

At Schafer & Schafer LLP, we help individuals and families recover compensation after accidents involving farm equipment. These cases are more complex than typical car accidents and often require a deep understanding of both agricultural operations and Indiana traffic laws. Here’s what you should know if you or someone you love was hurt in a crash involving farm machinery.

Why Farm Equipment Accidents Are So Dangerous

Farm equipment is large, heavy, and not designed for highway speeds. When this machinery ends up on public roads, particularly rural two-lane highways, the risk of serious accidents increases.

Some of the most common contributing factors include:

These vehicles are also not always equipped with modern safety features like turn signals or brake lights. Even when they are, poor lighting or weather can make those features hard to see.

Indiana Laws on Farm Equipment and Road Use

Indiana law allows farm equipment to operate on public roads under certain conditions. Operators must follow general traffic laws, but there are exceptions due to the nature of the equipment.

Some relevant rules include:

Unfortunately, not every operator follows these rules. When safety guidelines aren’t met, or when drivers of passenger vehicles misjudge the speed or direction of farm equipment, the result can be a serious collision.

Common Types of Farm Equipment Road Accidents

Farm-related road accidents in Indiana can happen in a number of ways. Here are a few common scenarios our firm has seen in recent years:

What To Do After a Farm Equipment Accident

If you've been in a crash involving farm machinery, your first priority is your health and safety. Seek medical care immediately—even if you don’t feel injured right away. Some conditions may not show symptoms until hours or days later.

Next, take steps to protect your legal rights:

These accidents often involve questions of negligence, safety compliance, and insurance coverage that go beyond the average traffic collision. Farm equipment might be owned by a private farmer, a commercial grower, or even leased through a third party—each scenario brings its own legal considerations.

How Schafer & Schafer LLP Can Help

Our attorneys at Schafer & Schafer LLP have extensive experience handling vehicle accidents involving farm equipment. We know Indiana’s traffic and agricultural laws inside and out. When you work with us, we will:

These aren’t simple claims. But with the right legal strategy, you can hold negligent parties accountable and focus on healing.

Schedule a Free Consultation

If you were injured in an accident involving farm equipment in Indiana, don’t try to navigate the legal system alone. These cases require a unique blend of knowledge, experience, and advocacy. At Schafer & Schafer LLP, we’ve spent decades helping Hoosiers just like you get back on their feet.

Reach out today to schedule a free, no-obligation consultation. We’ll walk you through your legal options and help you decide the best path forward.

Understanding Your Rights After a Semi-Truck Underride Accident

There are few crashes more devastating than a semi-truck underride accident. When a passenger vehicle gets lodged beneath the massive trailer of a semi-truck, the results are often catastrophic, and lives are forever changed in an instant. At Schafer & Schafer, we don’t back down from these brutal cases. We’ve seen the aftermath firsthand, and we’ve made it our mission to fight relentlessly for the victims and families left behind. Trucking companies cut corners. Drivers speed through fatigue. Manufacturers fail to install simple safety guards. And when their negligence causes destruction, they must be held accountable. 

If you or someone you love has been hurt in a semi-truck underride accident, it’s critical to understand your legal options. Our experienced legal team is here to guide you every step of the way, from investigating the crash to negotiating with insurers and taking your case to court if needed. The road to recovery starts with one call. Contact Schafer & Schafer today. We’re not just attorneys, we’re your voice, your shield, and your fiercest advocate in the pursuit of justice.

What Is a Semi-Truck Underride Accident?

Semi-truck underride accidents happen when a smaller vehicle collides with a semi and ends up sliding beneath the trailer. There are many causes behind these devastating accidents. In some cases, it's poor visibility or inadequate lighting on the trailer that leaves drivers unable to see the truck in time. In others, it’s a sudden stop by the truck, giving the following vehicle no time to avoid impact. A lack of underride guards, careless lane changes, or even deteriorating road conditions can also play a major role in causing these crashes.

Types of Underride Accidents

Underride accidents generally fall into three categories:

Each type presents unique legal and investigative challenges, but all share one thing in common: they are incredibly serious and often preventable. If you or a loved one has been involved in any type of underride crash, understanding what happened and who may be responsible is the first step toward seeking justice and fair compensation.

Why Are Underride Accidents So Dangerous?

What makes them so deadly is the way they bypass the safety systems built into most passenger vehicles. When a smaller vehicle slides under the trailer of a semi-truck, the impact often crushes or shears off the upper portion of the car, in many cases, seat belts, airbags, and crumple zones offer little to no protection. 

These crashes are even more dangerous when trailers lack properly installed or maintained underride guards, safety features designed to prevent vehicles from sliding underneath. The danger escalates further when the truck carries heavy or hazardous cargo, which can increase the force of impact or introduce fire, chemical exposure, or other serious risks.

Typical Injuries from Underride Collisions

Injuries from underride accidents are often severe, life-altering, or fatal. Common injuries include:

Preventing underride crashes requires action on both sides. Drivers of passenger vehicles must stay alert around trucks, keeping safe distances, avoiding blind spots, and using extra caution when trucks stop suddenly or make wide turns. Trucking companies are also responsible for ensuring that underride guards are installed, properly maintained, and combined with visibility features like reflectors and trailer lighting.

Legal Options After a Semi-Truck Underride Accident

If you or a loved one has been injured in a semi-truck underride accident, taking immediate legal action is critical. These accidents often lead to devastating injuries, and pursuing a personal injury claim can help you recover the compensation you need to cover medical bills, lost income, and the pain and trauma you’ve endured.

Who Can Be Held Liable?

When determining liability, several parties may share responsibility for an underride accident. These can include:

Understanding who may be responsible is a key part of pursuing your claim. An attorney can investigate the details of the accident, identify all liable parties, and help ensure you receive the full compensation you deserve.

How to Sue After a Truck Underride Accident

Suing after a semi-truck underride accident involves a meticulous legal process. It begins with a thorough investigation to gather crucial evidence, including police reports, accident scene photos, witness statements, medical records, and the truck's maintenance logs and driver's records. Identifying all potentially liable parties, which can include the truck driver, trucking company, trailer or truck manufacturer, and even maintenance providers, is a critical step.

Your attorney will then help you file a formal personal injury lawsuit within the state's statute of limitations – in Indiana, this is typically two years from the accident date. This lawsuit outlines your claims and the damages you seek, which can include medical expenses, lost wages, pain and suffering, and other related losses.

Once filed, the legal process usually involves a "discovery" phase where both sides exchange information and evidence. While many cases are resolved through negotiations and settlements outside of court, if a fair agreement cannot be reached, your case may proceed to trial. Throughout this complex journey, having experienced legal representation is essential to protect your rights, build a strong case, and pursue the full compensation you deserve.

Time Limits to File in Indiana

Under Indiana law, you typically have two years from the accident date to file a lawsuit. Missing that deadline could mean losing your right to seek justice. Consulting an experienced attorney is a vital step to understanding your rights and the compensation you may be entitled to. They can guide you through building a strong case and negotiating with insurance companies or at-fault parties.

What to Do If You’ve Been Injured in an Underride Truck Crash in Indiana

If you’ve been injured in a semi-truck underride crash in Indiana, protecting your rights starts with informed, decisive action. After seeking medical care, the next most important step is understanding your legal options. These cases are often complex, with multiple parties potentially at fault, from negligent drivers to poorly maintained trucks or defective trailer equipment. Navigating that landscape alone can be overwhelming.

How Schafer & Schafer LLP Can Help

At Schafer & Schafer, our team is committed to helping injury victims uncover the truth, build a strong case, and pursue the full compensation they’re entitled to. We handle the details, investigate every angle, and stand up to the powerful trucking companies and insurers so you can focus on healing. Contact Schafer & Schafer today and receive a free consultation.

Understanding Truck Jackknife Accidents in Northwest Indiana

Truck jackknife accidents are among the most frightening and dangerous incidents on the roads of Northwest Indiana. These accidents occur when a truck’s trailer swings out of alignment with its cab, creating a sharp angle that resembles a folding knife. The consequences are severe, ranging from property damage to life-altering injuries, and they often involve multiple vehicles, highlighting the urgent need for preventative safety measures such as proper vehicle maintenance, cautious driving, and adherence to trucking regulations. 

Based in Northwest Indiana, Schafer & Schafer LLP is well-versed in personal injury cases and offers local guidance and dedicated advocacy needed to build a strong legal defense. Whether you’re confronting medical expenses, lost wages, or emotional distress, Schafer & Schafer LLP will fight tirelessly to ensure you receive the justice you deserve. 

What Is a Jackknife Accident?

A jackknife accident happens when a truck’s trailer swings outward, forming a sharp angle with the cab. This type of accident can block multiple lanes of traffic and often involves multiple vehicles, raising the risk of serious injuries and significant damage. Jackknifing typically occurs when the balance between the tractor and trailer is disrupted, usually during a skid. Large commercial trucks are especially vulnerable due to their enormous weight and size, which makes controlling them under certain conditions more challenging. 

What Causes a Truck to Jackknife?

Jackknife accidents are particularly hazardous because they can quickly escalate into large-scale collisions. When a truck's trailer swings uncontrollably, it can block several lanes of traffic, leaving other vehicles with little time to react. The size and weight of commercial trucks amplify the impact, making jackknife accidents a serious threat to road safety and traffic flow. 

Human Error:

Weather and Road Conditions:

Mechanical Issues:

Sudden Maneuvers

These abrupt actions often leave little room for recovery, especially when combined with other factors like poor road conditions or mechanical issues. Understanding how these maneuvers contribute to jackknife accidents is essential when determining liability, as they often highlight instances of negligence or failure to adhere to safety protocols.

Who Is Liable in a Jackknife Truck Accident?

Determining liability in a jackknife truck accident can be complex, but negligence often plays a critical role. In Indiana, proving negligence requires establishing that the responsible party failed to exercise reasonable care, directly causing the accident and resulting harm. Indiana follows a comparative fault system, meaning that multiple parties can share responsibility for an accident. However, victims must provide clear evidence to demonstrate how negligence directly led to their injuries or damages.

Unfortunately, insurance and trucking companies often work against the best interests of those affected by jackknife accidents. These companies may downplay the severity of the incident, offer lowball settlements, or pressure victims into signing agreements that undervalue their suffering and losses. Instead of focusing on fair compensation, their goal is frequently to minimize payouts. This leaves victims and their families in a difficult position, coping with costs that far exceed what’s offered. Understanding who may be liable is a crucial step in seeking justice. Potentially liable parties include:

An experienced personal injury attorney can help by identifying all possible liable parties and holding them accountable. Victims can pursue the compensation they rightfully deserve, even in the face of resistance from powerful companies. 

Common Injuries from Jackknife Accidents

Jackknife accidents are particularly devastating due to the sheer size and weight of commercial trucks, which amplify the force of impact. Smaller vehicles, often lacking the structural integrity to withstand such collisions, bear the brunt of the damage, leading to severe injuries for their passengers. These crashes often result in staggering medical costs, long-term rehabilitation, and significant financial pressure on victims and their families. For those involved, the consequences extend far beyond the physical injuries, as they endure disrupted work lives, mounting expenses, and emotional distress.

The types of injuries sustained in jackknife accidents vary widely, with many victims facing life-altering consequences. Some of the most common injuries include:

The combination of these injuries not only affects physical health but also creates an enduring emotional toll. These risks and injuries show that truck drivers and trucking companies should prioritize safety measures to prevent these catastrophic accidents, injuries, and wrongful deaths

How to Stay Safe and Prevent Jackknife Accidents

Preventing jackknife accidents requires awareness and caution from both truck drivers and passenger vehicle drivers. Truck drivers can reduce risks by maintaining safe speeds, especially on slippery or curved roads, and avoiding sudden braking that could cause the trailer to swing uncontrollably. Regularly inspecting and maintaining the vehicle, including brakes and tires, is critical to ensure safety. 

Passenger vehicle drivers also play an essential role in prevention and can follow these tips to prevent jackknife accidents:

Road safety is a collective effort, and when everyone works together to drive responsibly, we can reduce preventable accidents and protect lives. However, the negligence of even one person can lead to serious collisions, causing life-changing injuries and overwhelming financial burdens. These challenges can feel insurmountable for accident victims, but an experienced attorney can make a difference. A truck accident attorney can help secure the fair compensation victims need to rebuild their lives by holding the responsible parties accountable.

What to Do After a Jackknife Truck Accident in Northwest Indiana

After experiencing a jackknife truck accident in Northwest Indiana, it’s crucial to take immediate steps to protect yourself legally and physically. Your actions following the accident can significantly impact your recovery and any claims you may file. To ensure you’re prepared, follow these key steps:

Once you’ve completed these steps, contact a truck accident attorney as soon as possible. An experienced attorney will help ensure your rights are protected, handle communication with insurance and trucking companies, and maximize your chances of fair compensation for your injuries and damages.

Local Legal Help for Truck Accident Victims

At Schafer & Schafer LLP, we don’t back down from tough cases or powerful trucking companies. We know how devastating jackknife accidents can be and understand the complex federal and state laws governing the trucking industry. Our experienced team is ready to go head-to-head with insurers and corporate legal teams to demand the full compensation you deserve for your injuries, lost income, pain, and future needs.

While you focus on recovery, we handle everything else, investigating the crash, building your case, and fighting relentlessly for justice. With Schafer & Schafer LLP in your corner, you’re not just getting legal help, you’re getting a team that’s battle-tested, driven, and fully committed to protecting your future. Contact Schafer & Schafer today and let us go to work for you.

Truck Accidents vs. Car Accidents: Key Legal Differences in Indiana

Experiencing an accident on the road can be life-altering, not just for the injured but also for their families. Whether it’s a collision with a car or a massive truck, the aftermath can leave victims grappling with severe injuries, emotional pain, and mounting financial challenges. These difficult moments often leave people wondering where to turn or how to move forward. 

While truck and car accidents might seem similar at first glance, the laws surrounding them differ in crucial ways that impact how cases are handled, particularly in Indiana. Understanding these differences is key to securing justice and the financial recovery you deserve. 

At Schafer & Schafer LLP, we understand how daunting this chapter of life can feel, especially as you manage the physical and emotional toll of the accident. Our dedicated personal injury team is here to take on the legal complexities for you, ensuring your rights are protected and that we fight for the compensation you need to move forward.

What Makes Truck Accidents Different from Car Accidents?

Truck accidents differ significantly from car accidents, especially for victims trying to understand their legal options. One of the most notable distinctions is the involvement of commercial entities in truck accidents. These entities are governed by federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), which adds layers of complexity to the legal process. For example, truck accident victims often need to act quickly so their legal team can gather critical evidence, such as electronic logging device (ELD) data, driver records, and cargo details, to build a strong case. 

On the other hand, car accident claims usually rely on insurance negotiations between the involved drivers and their policies. While both types of accidents can leave victims with significant emotional and physical burdens, truck accidents require navigating a more intricate system of laws, evidence, and negotiations. 

Common Causes of Truck Accidents vs. Car Accidents

Truck accidents often arise from industry-specific factors like driver fatigue, improper cargo loading, or violations of safety regulations. Car accidents, on the other hand, are more likely to result from distracted driving, speeding, intoxication, or failing to obey traffic signals. Truck crashes often involve more severe injuries and damage due to the sheer size of the vehicles, increasing the stakes for victims.

Third-Party Liability in Trucking Accidents

One key difference with truck accidents is third-party liability. The driver may not be solely at fault; liability could extend to the trucking company, maintenance providers, or cargo shippers. For example, an overloaded truck could indicate negligence by cargo handlers, while poor maintenance points to external service providers. Identifying responsible parties often requires expert legal investigation.

How Legal Claims Differ Between Truck and Car Accidents

Truck accidents are governed by a mix of state and federal regulations, such as those enforced by the FMCSA, and adhering to these rules adds layers of legal complexity. Additionally, truck accident cases frequently involve multiple liable parties, including the truck driver, the trucking company, maintenance providers, or even the manufacturers of defective truck parts. Each party typically has its own legal representation working aggressively to avoid liability. Trucking companies and their insurers deploy highly experienced legal teams with deep resources, all aimed at protecting their interests and minimizing payouts to victims.

By contrast, car accident claims are generally more straightforward. These cases are often resolved between private individuals and their insurers, with many being settled through negotiation without the need for court proceedings. While they can still be emotionally and financially draining, the legal hurdles are generally less daunting than those in truck accident cases. However, the relatively straightforward nature of car accident claims doesn’t diminish the need for legal guidance to protect your rights and negotiate with insurance companies effectively. Strong representation ensures that all responsible parties are held accountable and that victims have the best chance of receiving the full compensation they need to address medical expenses, lost wages, and long-term recovery.

Compensation Differences: Truck Accidents vs. Car Accidents

Truck accidents generally result in higher compensation due to the severity of injuries and damages. Victims may seek reimbursement for medical costs, lost earning capacity, rehabilitation, and even punitive damages in cases of gross negligence. However, trucking companies and their insurers aggressively protect their interests, often complicating and prolonging the claims process.

Types of compensation you can seek for a truck accident in Indiana:

Whereas, car accident claims typically involve fewer parties and less severe damages, making them easier to resolve. Compensation focuses on medical bills, property damage, lost wages, and pain and suffering. While these cases are more straightforward, skilled representation is still critical to ensure a fair settlement.

Types of compensation you can seek for a car accident in Indiana:

With a skilled personal injury team on your side, you can focus entirely on your recovery and caring for your family, knowing we are handling the complexities of your case. At Schafer & Schafer LLP, our role is to fight for your rights, ensure you’re treated fairly, and work tirelessly to secure the compensation you need to rebuild your life.

Why Having a Personal Injury Lawyer Matters After a Truck or Car Accident

After a truck or car accident, having a personal injury lawyer by your side can make a world of difference. The legal process is often complex and filled with critical deadlines, and missing just one can jeopardize your case. Experienced attorneys know the ins and outs of personal injury claims and can uncover opportunities for compensation that you may not even be aware of. By letting them handle the details, you can focus on healing while trusting that no aspect of your case will be overlooked.

What your personal injury attorney does for you during the legal process:

Investigating complex accidents and standing up to insurance companies is what a personal injury attorney does best. They know how to uncover critical evidence, determine who is truly at fault, and challenge insurers who may try to downplay your claim. Having a skilled attorney ensures your case is handled professionally, giving you peace of mind while they handle the legal battle and secure fair compensation on your behalf.

Protecting Your Rights Against Insurance Companies

Insurance companies often put their bottom line ahead of providing fair compensation to accident victims. Whether it’s a car accident or a truck collision, insurers may use tactics such as delaying claims, offering low settlements, or disputing liability to avoid paying what victims rightfully deserve. For truck accidents, these strategies are often more aggressive because of the larger sums at stake. Standing up to insurance companies requires a clear understanding of your legal rights and what your case is truly worth. With a personal injury attorney by your side, you gain an advocate who will fight back against these tactics, ensuring that your rights are protected and your claim is handled fairly.

Get a Free Consultation with Schafer & Schafer LLP

Whether you or a loved one has been injured in a trucking accident or a car crash, securing the compensation you deserve requires experienced legal support. That’s where Schafer & Schafer LLP comes in. With a proven track record in handling both car and trucking accident cases, our team is ready to fight tirelessly to protect your rights and ensure you’re treated fairly. Don’t wait to take the first step toward justice. Contact Schafer & Schafer LLP today for a free consultation.