Truck and semi accidents in Fort Wayne: finding a truck accident lawyer

Car Accident Lawyer Fort Wayne is a free referral service, not a law firm. This page explains, in general terms, what tends to be different after a truck crash and which Indiana rules come up. The referral line on this page connects you with a participating independent attorney’s office.

Trucks on Fort Wayne roads

Freight moves through Allen County every day on the interstates and the US highways. The region’s map of crashes with incapacitating or fatal injuries from 2018 to 2022 labels I-69, I-469, US 24, US 30, US 33 and US 27, along with several state roads (NIRCC safety plan). Trucks also run on city streets: delivery vans, garbage trucks, snowplows, utility trucks and construction vehicles.

Which kind of truck it was matters, because it changes who might be responsible and which rules apply. Write down what you can see: the company name on the door or trailer, any numbers painted on the cab, the trailer’s markings, and whether it looked like a city, county or state vehicle.

At the scene of a truck crash

The legal duties are the same as after any crash (Indiana Code 9-26-1-1.1): stop, help the injured as directed, report an injury crash to police, the sheriff or a 911 operator, and exchange your name, address, registration number and driver’s license with the others involved. A truck crash adds a few things worth doing if you are able:

• Photograph the truck itself: the cab door, the trailer, any company name, the license plates of cab and trailer, and the damage.
• Ask the driver for the employer’s name, in addition to the driver’s own insurance details. A commercial truck may have a policy in the company’s name.
• Note where the truck came from and where it was going, if the driver says.
• Get witness names. People who stopped may have seen what led up to the crash.
• Do not argue about fault. Exchange what the law requires, and let the report and the evidence speak.

If no one is hurt, killed or trapped and no hazardous materials are involved, vehicles stopped in the traveled lanes should be moved off as soon as it is safe (Indiana Code 9-26-1-1.2). That duty does not apply when someone is hurt, killed or trapped, or when hazardous materials are involved: then follow the directions of police, medics or the 911 operator.

Truck crash evidence can disappear

Truck crash evidence is spread out: the truck itself, the company’s records, any cameras, the load, the scene. Some of it can be repaired, overwritten or thrown away in ordinary business. People who call a lawyer early after a truck crash often do so to ask how to keep that evidence from disappearing. A lawyer can explain what can be requested and when.

What you can keep yourself:

• Every photo and video from the scene, saved in two places.
• Your damaged car, until an attorney or your insurer has looked at it, if you can.
• Clothes and items damaged in the crash.
• The crash report, as soon as it is available. See the Fort Wayne accident report guide.
• A diary of symptoms, appointments and missed work.

More than one company, more than one insurer

After a car crash there is usually one other driver and one other insurer. After a truck crash there may be several. These are the questions to bring to an attorney, not answers this site can give:

Question	Why it matters
Who employed the driver?	The driver’s employer may carry its own insurance for the truck.
Who owned the cab and who owned the trailer?	They are not always the same company.
Whose load was it, and who loaded it?	A load that shifted or fell can raise separate questions.
Who maintained the truck?	Brakes, tires and lights are someone’s responsibility.
Was it a government vehicle?	Different notice deadlines and fault rules apply.

Indiana generally handles crash injury claims on a fault basis: the at-fault driver and that driver’s liability insurance are usually where a claim starts. With a truck, finding everyone whose insurance might be involved is part of the work.

City, county and state trucks

Snowplows, garbage trucks, buses and other public vehicles are on Fort Wayne streets every day. When a government vehicle or employee is involved, Indiana law changes in three important ways:

1. A short notice deadline. A claim against a city, town or county is barred unless written notice is filed with that political subdivision within 180 days after the loss; against the State of Indiana, within 270 days (Indiana Code 34-13-3-8 and 34-13-3-6).
2. What the notice must say. A short, plain statement of the facts: the circumstances, the extent of the loss, the time and place, the names of everyone involved if known, the amount of damages sought, and the claimant’s residence (Indiana Code 34-13-3-10).
3. Different rules on fault and limits. Indiana’s comparative fault chapter does not apply to tort claims against governmental entities, and Indiana law caps the combined liability of government units and employees and rules out punitive damages against them (Indiana Code 34-13-3-4).

The full text is on the Indiana General Assembly’s site: Indiana Code title 34. If a public vehicle was involved, talk with a licensed Indiana attorney soon: 180 days passes quickly when someone is recovering.

Deadlines for a private truck crash

Indiana law generally gives two years to file a personal injury lawsuit, and two years for damage to your car. When someone died, a wrongful death action is generally brought by the personal representative of the person who died within two years. Rules differ for injured children. Whatever the vehicle, mark the date of the crash and talk with an attorney well before any deadline.

Shared fault after a truck crash

Truck companies and their insurers may argue that the car driver cut in front of the truck or stopped short. Indiana’s general rule is modified comparative fault. If you are found 51 percent or more at fault, you generally cannot recover. If you are 50 percent or less at fault, any amount is generally reduced by your share (Indiana Code 34-51-2). See Indiana’s 51 percent fault rule.

Insurance on your side

Indiana’s minimum liability coverage is 25/50/25 (Indiana BMV). A commercial policy may carry more, but do not assume it. Check your own policy too: medical payments coverage pays medical bills for you and usually your passengers up to its limits, and uninsured and underinsured motorist coverage is included in newly written Indiana policies unless it was rejected in writing (Indiana Department of Insurance).

Questions to ask a truck accident lawyer in Fort Wayne

• Have you handled crashes involving commercial trucks in Allen County?
• What should I keep, and what should I ask the trucking company to keep?
• Who else besides the driver might be involved, and how do you find out?
• Is a government notice deadline involved in my crash?
• How is your fee figured, and which costs would I owe either way?

Indiana’s professional conduct rules require any contingency fee agreement to be written and signed by the client, and the agreement must explain the percentage and the expenses. Ask any lawyer to walk you through it before you sign.

Two ways to reach an attorney

The free referral line on this page connects you with the intake team of a participating independent attorney’s office. Attorneys pay to take part, the call costs you nothing, and you decide whether to hire anyone.

Or choose a firm yourself from the car accident law firms directory. Many listed firms name truck crashes among their practice areas on their own websites. They are listed free and are not the attorneys on the referral line.

Questions people ask