Fearless Representation Against National Trucking Corporations Since 1913
When a passenger vehicle is struck by a commercial semi-truck, the results are almost always severe. An 80,000-pound tractor-trailer traveling at highway speeds generates an incredible amount of force, which is entirely absorbed by the smaller car and the people inside it. If you or a family member survived a crash with a big rig on I-65, I-70, or anywhere in Indiana, you are likely facing life-changing injuries, a total loss of your vehicle, and a future filled with medical uncertainty. If your loved one was killed in a trucking accident, you must deal with different challenges as a result of their wrongful death. At Vaughan & Vaughan, our Indiana truck accident lawyers won’t back down from the massive corporations and insurance conglomerates that protect the trucking industry. Our firm was founded in 1913, and for more than a century, our family has stood as a shield for Hoosiers who have been wronged.We are a legacy firm with a fearless reputation for taking complex cases to trial. When you are up against the aggressive legal teams employed by trucking companies, you need a personal injury lawyer with more than 110 years of experience and elite trial credentials to level the playing field.
Why Choose Vaughan & Vaughan for Your Trucking Accident Claim?
Truck accident litigation is vastly different from a standard car crash claim. These cases involve complex federal regulations, multiple layers of insurance, and sophisticated electronic data. We offer a level of technical insight and legal certification that is unique in the state of Indiana.- The CDL Advantage: This is a key differentiator for our firm. Attorney Charles J. Vaughan holds a Class A Commercial Drivers License (CDL). He understands the mechanical operations of a semi-truck, the pressure of tight delivery schedules, and the specific federal safety protocols from the perspective of a professional driver. He doesn't just read about trucking safety; he knows how these vehicles behave on the road. This technical knowledge enables us to identify driver negligence or mechanical failures that other lawyers may overlook.
- Elite Board-Certified Advocacy: Attorney Charles V. Vaughan is board-certified in Civil Trial Law and Civil Practice Advocacy by the National Board of Trial Advocacy. Fewer than 20 attorneys in Indiana hold this specific, rigorous certification. In the world of high-stakes trucking litigation, having a board-certified specialist on your side sends a clear message to the insurance companies: we are prepared and qualified to win your case in front of an Indiana jury.
- 24/7 Availability: Large trucking companies often have rapid-response teams on the scene of a crash within hours to begin shaping the evidence. We match that urgency. We are available day and night to take your call and begin the process of preserving critical evidence to support your case.
- Contingency Fee Commitment: We represent truck accident victims on a contingency fee basis. This means you pay nothing up front, and we advance all significant costs associated with accident reconstruction and medical experts. You pay us nothing unless we successfully recover compensation for you.
Catastrophic Injuries Victims Face After Trucking Accidents
Due to the immense weight difference between an 80,000-pound semi-truck and a 3,000-pound passenger car, the impact can cause permanent, life-altering injuries. We provide tenacious representation for victims suffering from:- Traumatic Brain Injuries (TBI): Ranging from debilitating concussions to permanent cognitive loss.
- Spinal Cord Injuries: Including partial or full paralysis and chronic nerve damage.
- Crush Injuries and Amputations: These occur when vehicles and occupants are pinned or crushed during a high-speed collision.
- Internal Organ Damage: Life-threatening internal bleeding caused by blunt force trauma.
- Severe Burn Injuries: Resulting from ignited fuel tanks or hazardous chemical spills.
- Complex Fractures: Shattered bones that require multiple surgeries and long-term hardware to repair.
How Much Is Your Truck Accident Case Worth?
In Indiana, the compensation you seek is known as damages. Because truck accidents often lead to catastrophic or permanent injuries, the financial stakes are high. Trucking companies are required to carry much larger insurance policies than standard drivers—often in the millions of dollars—and we fight to ensure you receive the full value of those policies. We pursue recovery for all impacts of the accident, including: - Economic Damages: This includes surgical costs at facilities such as IU Health, long-term rehabilitation for spinal or brain injuries, and all related future medical expenses. We also seek the full value of your lost wages and the loss of future earning capacity if you can no longer return to your career.
- Non-Economic Damages: We fight for compensation for the human side of your experience. This includes physical pain and suffering, mental anguish, permanent scarring or disfigurement, and the loss of enjoyment of life caused by a permanent disability.
- Wrongful Death Recovery: If you have lost a loved one, we help families pursue compensation for final expenses, the loss of financial support the deceased provided, and the profound loss of companionship.
Understanding Critical Indiana Laws for Trucking Claims
Success in a truck accident claim requires a deep understanding of both Federal Motor Carrier Safety Administration (FMCSA) regulations and Indiana state statutes, including:- Modified Comparative Fault: Indiana follows a 51% rule. You can recover damages even if you were partially at fault for the crash, as long as your fault is not 51% or more. If you are found 10% responsible, your total award is simply reduced by 10%. We work fearlessly to ensure the trucking company is held responsible for their fair share of the negligence.
- The Two-Year Statute of Limitations: In Indiana, you generally have two years from the date of the accident to file a lawsuit. However, in trucking cases, waiting even a few days or weeks can be fatal to your claim. Evidence, such as "Black Box" data and driver logs, can be legally destroyed or overwritten if an attorney does not take immediate action to preserve it.
- Vicarious Liability: Under Indiana law, a trucking company is generally responsible for the negligence of its drivers while they are working. This allows us to seek compensation from the large corporate entity rather than just the individual driver.
Identifying Trucking Negligence and FMCSA Violations
While a trucking company will likely try to claim the crash was an unavoidable "accident," we use our CDL experience to identify the violations that caused the impact. We investigate issues such as:- Hours of Service (HOS) Violations: Federal law strictly limits how long a driver can be behind the wheel. We scrutinize Electronic Logging Device (ELD) data to determine if a driver was operating while fatigued in order to meet a deadline.
- Improper Cargo Loading: Shifts in cargo can cause a trailer to jackknife or tip. We review cargo manifests and loading procedures to see if the weight was distributed dangerously.
- Lack of Maintenance: Bad brakes and worn tires are a leading cause of highway accidents. We review maintenance logs to see if the carrier was cutting corners on safety.
- Negligent Hiring: We investigate the driver’s history to learn if the company hired someone with a track record of reckless driving or failed drug tests.
Navigating Indiana’s Trucking Logistics Corridors
Indiana is known as the Crossroads of America for a reason. Major highways like I-65, I-70, I-465, and I-80/94 (The Borman Expressway) are among the most heavily trafficked trucking routes in the world. From the busy shipping lanes near the Port of Indiana to the cross-state routes connecting Indianapolis and Lafayette to Chicago and Ohio, these roads see hundreds of thousands of semi-trucks daily. We understand the specific traffic patterns and local roadway hazards that lead to truck crashes on these high-speed corridors. Our experience in trucking collisions provides us with additional insight into how accidents occur and who is typically at fault, enabling us to build a strong case to recover the maximum compensation possible.What Actions Should I Take Following a Truck Accident in Indiana?
Due to the immense force of these collisions, most victims are taken immediately to emergency rooms, such as Methodist Hospital or Ascension St. Vincent. If you are currently recovering from your injuries, here are some steps you should take to protect your future: - Request the Preservation of Evidence: Do not assume the trucking company will save the data from their vehicle. Our law firm can send a “spoliation letter,” which is a legal notice that requires the company to preserve the truck's Black Box (Electronic Control Module) and the driver's logs, among other types of evidence.
- Secure the Police Crash Report: Our team can obtain a copy of your Crash Report from the appropriate authorities on your behalf. This report will verify the identity of the driver and the motor carrier, which may be different from the company that owns the cab.
- Stick to Your Medical Routine: Insurance adjusters look for any gap in treatment to argue that your injuries aren't serious. Attend every doctor’s appointment and physical therapy session, and follow every specialist's recommendations.
- Document Everything: Keep a record of the bills arriving in the mail, but also keep a journal of how your injuries affect your daily abilities, such as picking up your children, sleeping through the night, or managing everyday tasks.
- Don’t Speak Directly to the Insurance Adjusters: You may be approached by a claims representative from the trucking company’s insurer. They may offer a settlement check immediately. Never accept a payment or sign a release without a lawyer’s review. These initial offers are almost always a fraction of what a skilled advocate could recover for you.
Frequently Asked Questions (FAQs) About Indiana Truck Accidents
What is the "Black Box" in a semi-truck, and why is it important?
Most modern commercial trucks are equipped with an Electronic Control Module (ECM) or Event Data Recorder. This device records vital information in the seconds leading up to a crash, including the truck’s speed, whether the driver applied the brakes, and the severity of the impact. This data provides an objective source that can prove the driver was speeding or failed to react in time to avoid a crash.
Can I sue the trucking company if the driver was an independent contractor?
Yes, in many cases. Trucking companies often try to avoid liability by classifying their drivers as independent owner-operators. However, under federal regulations and Indiana law, the company that provides the authority for the truck to be on the road can often be held responsible for the driver's negligence, regardless of their employment status.
What if my car was hit by falling debris from a truck?
This is known as an improperly secured load claim. Federal law requires trucking companies to secure all cargo so that it cannot shift or fall. If you were struck by a falling ladder, gravel, or a detached piece of equipment, the trucking company or the party that loaded the trailer can be held liable for your damages.
Why is a truck accident claim more expensive to litigate than a car accident?
Due to the complexity and corporate pushback, we often need to hire accident reconstruction specialists, mechanical engineers, and medical experts to substantiate every detail of the case. These experts can cost tens of thousands of dollars. One of the major benefits of hiring an established firm like Vaughan & Vaughan is that we have the resources to pay these costs upfront, enabling us to build the strongest possible case.
What if I was a passenger in a truck that was involved in an accident?
As a passenger, you have the right to pursue a claim against the driver of the truck, the company they work for, or any other third party involved in the collision. If the driver was your co-worker, this may also involve a workers’ compensation claim. We can help navigate these overlapping laws to ensure you are fully protected.
Contact Our Indiana Truck Accident Lawyers For a Free Consultation Today
When your future is on the line, don't settle for a firm that is afraid of the courtroom. At Vaughan & Vaughan, we have the board-certified leadership and the first-hand CDL knowledge necessary to hold the trucking industry accountable. Whether you are in Lafayette, Indianapolis, or anywhere else in Indiana, our family is ready to fight for yours. Call us 24/7 at (765) 742-0056 or fill out our online contact form for your free, no-obligation consultation now. 