Experienced Attorneys Fight Trucking Company Negligence in Indiana
Determined lawyers also serve Illinois and Michigan
If you are fighting a personal injury or wrongful death lawsuit, your case depends on being able to prove liability for the accident. Liability means that a certain party is responsible for having caused an injury event and must compensate anyone who was harmed. The way to hold a trucking company liable for an accident is to demonstrate that, if not for the negligent acts of one or more company employees, the accident wouldn’t have happened. At Marshall P. Whalley & Associates, PC, our attorneys thoroughly investigate commercial truck accidents and assemble the evidence necessary to prove causation and fault. For more than 30 years, our firm has fought for victims of truck accidents, delivering positive results from negotiated settlements or jury awards.
Common examples of trucking company negligence
Liability can arise from actual fault, as a result of one’s own negligence, or vicarious liability can attach to a party because an agent of the party was negligent. In truck accidents, the company is vicariously liable for negligent acts by a driver while the driver is acting within the scope of employment. However the truck company’s vicarious liability is not limited to its drivers. There are several ways that employees of a trucking company can act negligently, so that liability attaches to the company. Negligent actions that could make a truck company liable for an accident include:
- Hiring inexperienced/untrained drivers — Companies must have protocols in place to ensure that drivers meet minimum state and federal qualifications.
- Failure to inspect/maintain a truck — Truck companies are responsible for maintaining the safety and integrity of their equipment.
- Violating federal regulations limiting driver’s time behind the wheel — Fatigued driving is every bit as dangerous as drunk driving. Companies that allow or require drivers to spend more time driving than the law allows are inviting disaster.
- Failure to ensure trucks are properly loaded/balanced/secured — Cargo that shifts while the truck is moving, or makes the truck top heavy, can make the truck impossible for a driver to control.
- Logbook violations — Companies are required to keep accurate records. Failure to do so is not necessarily evidence of the type of negligence that causes an accident, but it may indicate that certain tasks which safety regulations require were not accomplished.
- Negligent transport of hazardous material — HAZMAT transport requires a higher standard of care than regular commercial goods. Rigorous adherence to regulations is required.
Commercial truck accidents are complex and trucking companies defend against claims vigorously. To assert your rights, choose a personal injury lawyer with extensive experience in truck accidents, including successful trials all the way to a jury verdict.
Speak to the Indiana trial lawyers who know truck accidents
If you’ve been injured in a trucking accident, you should not expect the company to admit liability and settle for what your injuries are worth. Fortunately, Marshall P. Whalley & Associates, PC can give you the legal support you need, and even take your case all the way through trial, if necessary. To schedule a free consultation with a lawyer who is capable of delivering the results you deserve, call 219.769.2900 or contact our Crown Point office online.
