Imagine driving on an Indiana highway when a commercial truck hits your car. The aftermath can be chaotic, but knowing who is responsible is vital for getting compensation. Here is what you should understand about liability in commercial vehicle accidents in Indiana.
Who is responsible?
The truck driver often bears primary responsibility. If the driver’s carelessness caused the crash, they may be liable. Truck drivers must follow strict rules, including limits on driving time. Breaking these rules can also establish fault.
The trucking company may share the blame if it does not properly train drivers or keep its trucks in good condition. The company could be responsible if an accident happens because of poor maintenance or bad policies. The company might also be at fault if it pushes drivers to meet unrealistic deadlines, leading to unsafe driving.
Other party liability
Other parties can be liable, too. For example:
- Companies that load cargo might be responsible if they do not secure the load properly.
- Maintenance providers could be at fault for neglecting their duties, causing mechanical failures.
Indiana uses the modified comparative negligence rule, which means the responsible party must pay for damages only if the other party’s contribution to the accident is less than 51%. To find out who is accountable, investigators will:
- Review driver logs
- Check maintenance records
- Talk to witnesses
Sometimes, multiple parties share responsibility, which can make the claims process more complex.
Consider legal guidance
Understanding who is liable in commercial vehicle accidents is crucial for protecting your rights and getting fair compensation. If you experience this type of accident, consult a personal injury lawyer. They can guide you through your case and help you obtain fair compensation.
