Bloomington, IN Truck Accident Lawyer

Truck accidents are common in Bloomington and can lead to substantial expenses for those who suffer injuries. If you have been injured due to the negligence of a truck driver, you have the legal right to seek compensation for the harm you have suffered.

Truck drivers and companies must follow safety regulations. However, some disregard them to gain the upper hand. However, you are not liable for any precarious actions taken by a trucker or a trucking company. If you have been injured as a result of a truck driver or trucking company's neglect, you have the right to receive compensation for your losses. These cases can be especially challenging, but our firm can guide you every step of the way.

Contact Wruck Paupore at (219) 322-1166 for a free case evaluation with our truck accident attorneys.

Regulations Truckers and Trucking Companies Must Follow in Bloomington, IN

Truck drivers and trucking companies need to observe state and Federal Motor Carrier Safety Administration (FMCSA) regulations while driving in Bloomington and other areas of Indiana. These regulations play a vital role in ensuring the safety of trucks on the road by putting in place measures to prevent accidents.

They also serve as a guide for determining responsibility in case of a claim against a driver or trucking company. Fortunately, our truck accident lawyers have the experience to review your case and determine which regulations were ignored when your accident occurred. Here are the most commonly violated trucking regulations in Bloomington:

Hours of Service Regulations

The shipping industry is facing increased competition because of the surge in delivery services that bring goods right to people's doorsteps. However, this has led to some trucking companies and drivers flouting regulations that limit the amount of time they can drive before taking a mandatory break. These regulations are frequently ignored, leading to potential accidents and unsafe driving practices.

Federal laws require truckers to maintain a log of their driving hours and limit them to no more than 60 hours in a seven-day period. If any driver violates these regulations, our team can access their logs to determine if they played a part in any accidents.

Maintenance and Repair Regulations

It is not uncommon for trucking companies to disregard FMCSA regulations that require them to regularly inspect and maintain their trucks and keep a record of these tasks. Trucks must undergo routine inspections before commencing a trip to ensure safety on the road. In the event of a truck accident, our firm can examine the company's records to determine the last time the truck was serviced. If the maintenance and inspection logs are missing, we can argue that the company failed to take necessary precautions that could have prevented the accident.

Cargo Securement Regulations

It is crucial to follow cargo securement regulations to prevent catastrophic accidents. These regulations provide guidance on how to load and store cargo appropriately for transportation. Properly securing cargo with appropriate straps and tie-downs and avoiding loading cargo directly against other cargo is necessary to prevent it from shifting during transport. If cargo is not secured correctly, it can cause dangerous accidents, leading the driver to lose control of the truck.

In case of an accident caused by unsecured cargo, the trucking company or driver might be held liable. However, if a third party loaded the cargo, their irresponsibility might also have contributed to the accident, and they should be held accountable in any following legal action.

Evidence That Can Help Prove a Truck Accident Claim in Bloomington, IN

To support your claim, it is essential to provide relevant evidence that demonstrates the damages and liability of the parties sued. However, in the case of truck accidents, a significant portion of the evidence is often lost during the cleanup of the accident scene. That is why taking as many photos as possible while at the accident scene is crucial. Your photos might be the only evidence besides your testimony that verifies the physical damage that occurred.

Trucks are complex vehicles equipped with many sophisticated parts designed for safety. If your injuries were caused by any malfunction of these parts, our firm can investigate the truck to determine what caused the accident. We can also obtain records from the trucking company that employed the driver to see whether a safety inspection was overlooked or if the truck was consistently maintained.

Depending on the type of truck that caused your injury, there might exist a "black box." This device records important details about the truck, such as its speed, when the brakes were applied, and the driver's operating time. If there is a dispute over the facts of your case, this information can be used as evidence to support your claim or to contradict the opposing party's account.

Dashcams are also increasingly used in semi-tractors and can prove invaluable. In one catastrophic case we handled, the insurance company denied liability and claimed that the semi-driver was not at fault. After initially denying the existence of a dash camera, we discovered that this was not the case and that the driver was actually watching a movie on his phone when the accident occurred. We were able to obtain a substantial settlement for our client because we aggressively pursued this evidence and would not take no for an answer.

In some cases, there might be limited physical evidence to present in court, so truck accident cases rely heavily on the testimony of witnesses who saw the accident and the victim. If the case is particularly complicated, an expert witness might be called upon to provide testimony on the root cause of the accident.

Damages You Can Claim After a Bloomington, IN Truck Accident

If you have been involved in a truck accident and suffered injuries, you might be entitled to compensation for the damages you have incurred. In Bloomington, damages typically refer to medical expenses, lost wages, and emotional as well as physical distress. Furthermore, depending on the specific circumstances of your case, you might be able to seek punitive damages or file a wrongful death claim.

Medical Bills

If you have been injured, medical expenses can quickly add up. You might need to pay for emergency room visits, surgeries, prescription drugs, and other treatments. It is important to keep track of all your medical expenses, not just current ones. You might also be able to seek compensation for future medical expenses. To help build your case, be sure to keep accurate medical records that demonstrate the full extent of your damages.

Lost Income

If you were unable to work due to injuries sustained, you have the right to seek compensation for the wages lost during that period. Additionally, you are entitled to claim for any other losses incurred as a result of switching to a job with lower wages or taking time off to attend medical appointments.

Pain and Suffering Damages

If you have been injured, you have the right to seek compensation for non-economic damages related to your pain and suffering. This type of compensation takes into account the impact your injuries have had on your daily life, including the physical pain you experience, emotional distress, feelings of humiliation, and any other losses you have suffered as a result of your injuries.

Punitive Damages

When an individual has caused significant harm to others through their actions, they might be ordered to pay punitive damages. These damages are intended to punish the wrongdoer rather than compensate the injured party. They are typically awarded in cases where the defendant's behavior was particularly reckless or malicious, such as driving while intoxicated.

Our Bloomington, IN Truck Accident Lawyers Can Help

For a free review of your case with our truck accident lawyers, call Wruck Paupore today at (219) 322-1166.