Almost all hours of the day and night, large trucks rumble along Interstate 69 through the heart of Fishers. These truck drivers almost never stop to see the sites. They have schedules to keep. These schedules are so critical that many drivers take dangerous shortcuts in order to deliver their cargo as quickly as possible.
At Holland & Holland, our hard-hitting Fishers truck accident attorneys make negligent truck drivers pay for the damages they cause. These damages are often extensive because the victims’ injuries are usually quite serious. In fact, many victims do not survive wounds like serious head injuries and critical burns. If you need help, you can count on us.
Most non-commercial drivers have a duty of reasonable care. They must avoid accidents when possible and always drive defensively.
Most commercial operators, including large truck drivers, are common carriers in Indiana. These individuals have a higher duty of care.
Indiana law partially reflects this difference. For example, large truck speed limits are typically lower than passenger vehicle speed limits. Inclement weather is another good illustration. Non-commercial operators have a duty to slow down and use extra caution when it is snowing or raining. Arguably, truck drivers have a duty to pull over and wait for the weather to clear before they proceed down the road.
The higher duty of care makes it easier for a Fishers truck accident attorney to establish negligence, as outlined below.
As mentioned, fatigue is a serious problem among truck drivers. To stay on schedule, many of these operators remain behind the wheel for dangerously long periods of time.
Most truck drivers are on the road early in the morning and/or late at night. Most people are naturally drowsy at these times. Moreover, a disproportionate number of truck drivers suffer from sleep apnea. People with this condition seldom get deep, restorative sleep at night. Instead, they only doze.
Alcohol and fatigue have similar effects on the brain and body. Driving after 18 consecutive awake hours, which is the equivalent of a long day behind the wheel, is like driving with a .05 BAC level. That is above the legal limit for commercial drivers in Indiana.
Other truck crash causes include distracted driving, excessive speed, and illegal turns or lane changes.
Fully-loaded large trucks often weigh over 80,000 pounds and carry high volumes of volatile diesel fuel. Therefore, injuries like serious burns and critical head wounds are commonplace in these accidents.
If you have been injured in a truck crash, you can likely claim economic losses, which can include medical bills and lost wages, as well as non-economic losses, such as pain and suffering, disfigurement, and loss of enjoyment of life. Your truck crash attorney in Fishers can help you determine the extent of the damages you can seek in your claim.
Typically, the shipping or transportation company which owned the truck is financially responsible for these damages. That is good news for victims. Because the injuries are so serious, many truck drivers do not have enough insurance to provide fair compensation. The respondeat superior rule gives victims an additional source of recovery.
Truck accident victims have important legal rights. For a free consultation with an experienced Fishers truck accident attorney, contact Holland & Holland. We do not charge upfront legal fees in personal injury cases.
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