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Legally Reviewed by:

Jonathan Rosenfeld
J.D

December 20, 2023

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

According to the Indiana Criminal Justice Institute, about 5% of crashes in Indiana involve a truck [1]. With 7,586 automotive accidents in Fort Wayne last year [2], this means that approximately 380 of these involved one or more trucks. 

Truck crashes are more complicated than accidents due to the extent of damage, the corporate responsibility at play, and the fact that truck drivers may be from out of state. You need an experienced truck accident attorney on your side to represent your interests and ensure that you get full and fair compensation. 

Call us today at (888) 424-5757 for a free consultation and learn how we can assist you in getting the justice you deserve throughout the truck accident claims process.

Filing a Truck Accident Claim With Rosenfeld Injury Lawyers

At Rosenfeld Injury Lawyers, we pride ourselves on providing a smooth claims experience for our clients, including those who have been injured in a truck crash. Our process involves:

  • Free Consultation – During our free consultation, our law firm will ascertain whether you have a potential personal injury claim and begin creating a plan for how to hold the negligent party accountable.
  • Case Investigation – Your Fort Wayne truck accident lawyers will look at the facts of the case to identify which local, state, and federal laws apply. 
  • Gathering Evidence – We’ll use all the information available to us, such as accident scene footage, police reports, and witness statements.
  • Consulting Experts – As experienced truck accident lawyers, we have a strong network of experts, such as accident reconstruction specialists, who can provide their impartial opinion on the facts of the case.
  • Negotiation – We’ll work with the insurance adjusters for the individual driver and the trucking company to pursue compensation for your medical bills and property damage. 
  • Trial Process – If the insurance company is unwilling to provide fair compensation, we’ll open a truck accident lawsuit to seek maximum compensation for your pain and suffering.

The Steps to Take After a Truck Accident in Fort Wayne, IN

It’s important to act quickly after a Fort Wayne truck accident to ensure that you can receive financial compensation. Directly after a truck crash, follow these steps:

  • Stay at the scene – Wait for the police to arrive and gather the personal details of everyone who was there.
  • Seek medical attention – Serious injuries may not be immediately apparent, so you should always go to the hospital.
  • Call truck accident lawyers – The sooner you do so, the higher the chances of a successful claim.
  • Collect information – Keep records of all medical bills, reports, and insurance communications.

You Have Limited Time to File a Truck Accident Claim

When you’re in a truck accident, you need to act fast, as the statute of limitations is relatively brief. A truck accident lawyer from our legal team can start the free case evaluation as soon as you call us so that we can ensure you receive just compensation. 

Here are the timeframes in which Indiana truck accident lawyers can help you file a claim:

  • Personal Injury Cases – 2 years
  • Wrongful Death – 2 years 
  • Corporate Liability – 2 years 
  • Property Damage – 2 years 
  • Product Liability – 2 years 

Who Is Held Liable in Fort Wayne Truck Accident Cases

There may be multiple liable parties in a case involving commercial vehicles, including:

  • Truck Driver – If the truck accident was caused by a distracted or inebriated driver, they may be at fault.
  • Trucking Company – The truck driver’s employer may be held at fault if they failed to maintain the truck or set unreasonable quotas that endangered other drivers.
  • Parts Manufacturer – Faulty parts that cause truck crashes implicate the manufacturer.
  • Maintenance Crew – Commercial trucks require exhaustive safety checks and repairs. If the maintenance team is inattentive, this can lead to accidents.
  • Government Agencies – This comes into play if a government vehicle, such as a fire truck or garbage truck, is involved.
  • Indiana Department of Transportation – Bad roads on highways may lead to accidents, implicating INDOT.
  • Municipalities – If city streets are riddled with potholes or poor signage, municipalities can be a liable party.

Proving Fault in a Truck Accident Case

Personal injury lawsuits rely on a preponderance of evidence, meaning there is ample proof that the at-fault party held the majority of the blame. Indiana is a comparative fault state, so you can file a claim as long as the other party is at least 51% liable. Your compensation will be reduced proportionately to the percentage of your own fault. 

The type of evidence your Fort Wayne truck accident lawyers will look for varies depending on the case, but typically includes:

  • Police report
  • Photographs or videos of the accident
  • Physical evidence from the scene, such as car debris
  • Evidence of your injuries, such as medical reports and photos
  • Expert testimony, such as accident reconstructionists and medical professionals
  • Witness statements from those at the scene of the crash

Our Fort Wayne lawyers will assess the case and let you know what will likely be required. We’ll also help you gather evidence and find expert witnesses.

What Kind of Damages Can Be Recovered in a Fort Wayne Trucking Accident Case

An experienced attorney from Rosenfeld Injury Lawyers can assist you in seeking a number of damages based on who is filing the claim and what was lost in the truck accident. This can include the following:

  • Past and future medical bills
  • Vehicle repair or replacement
  • Loss of past and future wages or income potential
  • Loss of companionship in a wrongful death suit
  • Physical disfigurement or disability
  • Physical pain and suffering
  • Loss of life enjoyment
  • Emotional trauma

How Much Compensation Can Our Truck Accident Lawyers Help You Recover

There is no specific amount you can recover in a truck accident case, as it depends greatly on the factors involved in the accident, such as whether your vehicle was totaled and whether you suffered severe injuries. 

We always seek maximum compensation and have recovered millions of dollars for our clients. Here’s a short list of sums we’ve recovered for truck accident victims and their families:

  • $18,500,000 – A man suffered permanent disability after a head-on collision with a truck.
  • $14,100,000 – A wrongful death suit for a motorcyclist killed by an unattentive truck driver who made a left turn into his path of travel.
  • $5,750,000 – Settlement for a man who suffered a crush injury while unloading a cargo truck at a distribution center.

Factors That Affect Truck Accident Settlement Amounts

Truck accidents are complicated, involving numerous factors that will impact the settlement available. This can include:

  • Medical expenses
  • Severity of injuries
  • Amount of evidence
  • Testimony of witnesses
  • Cost of damage to vehicle
  • Insurance coverage of the liable parties

Truck Accident Victims and Injuries Suffered

Truck accident injuries tend to be more severe than those suffered in car accidents due to the greater weight and inertia of a truck. Common injuries include:

  • Concussions and traumatic brain injury
  • Lacerations to the face and scalp
  • Spinal cord injuries
  • Puncture wounds 
  • Broken bones
  • Whiplash
Fort Wayne trucking accident injuries

Truck Accident Wrongful Death Claim

Sadly, truck accidents often result in the death of passengers or drivers in smaller vehicles. If you lost a loved one due to a truck accident, an experienced lawyer can seek compensation for a number of damages, which include:

  • Loss of guidance for the decedent’s children
  • Loss of financial support
  • Loss of companionship
  • Funeral costs
  • Medical expenses
  • Pain and suffering 

How Much Does Hiring a Fort Wayne Truck Accident Lawyer Cost?

If you’re wondering if our truck accident attorneys are expensive, rest assured that you won’t owe anything unless we win your case. We work on a contingency fee basis, meaning that we will only take a percentage of your settlement after we win your case rather than charging you upfront. 

How Long Does Settling a Trucking Accident Case Take?

Generally, truck accidents take longer to settle than auto accidents because they are more complicated and involve more parties, such as the truck driver, trucking companies, and even parts manufacturers. It also may take longer to investigate the crash and identify fault. 

Truck accident cases usually take over six months to resolve, which is why it’s so important to hire a Fort Wayne law firm right away. The sooner you get in touch with our truck accident lawyers, the sooner you can return to healing. 

Types of Cases That Our Truck Accident Attorneys Handle

Commercial truck accidents are diverse, involving both different types of large vehicles and responsible parties. Our truck accident lawyers handle cases on a number of different parameters, including:

  • Vehicles Involved – 44 people died in Fort Wayne in vehicle accidents last year, including two who died from a semi-truck colliding with their SUV [3]. Truck accidents may involve semi-trucks, cargo trucks, and 18-wheelers, often resulting in death for the passengers.
  • Fault – In 44% of all truck accidents, the truck is found to be the cause of the accident; in 10% of these accidents, the police reported that the truck driver was inebriated [4]. Other potential parties can include other drivers, manufacturers, and trucking companies.
  • Notable Interstates – Fort Wayne has one major interstate highway comprising 525 miles of road [5]. I-69 is a particularly dangerous road in the city, as exemplified by a semi-truck accident last year where the truck driver hit two vehicles in a road rage incident [6].

The Most Common Causes of Trucking Accidents

Truck accidents occur for a variety of reasons, but the end result is often the same: serious injury for passengers and drivers in other vehicles. Causes include:

  • Distracted, Drunk, or Reckless Driving – A shocking 26.3% of truck crashes are caused by prescription drug use; a further 13.0% are the result of fatigue, a serious problem for truck drivers under strict quotas [7]. 
  • Failure to Follow Traffic Laws – Speeding is a major issue for drivers and the cause of 22.9% of truck accidents [8]. Failure to obey the speed limit was the primary factor involved when a semi-truck crashed and caught fire near Fort Wayne, spilling fuel and debris across US 20 highway [9]. 
  • Unsecured Cargo – Transportation safety is critical when working with cargo such as gravel, lumber, or heavy equipment. Unsecured cargo on tractor-trailers accounts for 3% of all truck-related accidents [10], but this doesn’t account for the severe damage that can result from cargo spilling out after an accident. 
  • Poorly Maintained Equipment or Faulty Parts – Brake failure is a major cause of accidents for trucks and is found in 42% of truck accidents [11]. 
  • Untrained Drivers – While Indiana trucking regulations require 160 hours of CDL training before getting one’s license [12], this does not necessarily cover all road conditions. Most commercial vehicle drivers get only 10 weeks of training before being certified to drive, which isn’t enough time to get familiar with issues such as fog, snow, or heavy rain. 
Fort Wayne trucking accident causes

Contact a Fort Wayne Truck Accident Lawyer Today!

If you suffered serious injuries in a semi-truck crash, you deserve the maximum compensation available for your pain and suffering. Our Fort Wayne truck accident lawyers work on a contingency fee basis, meaning you pay nothing if we don’t win your case. 

Be it trucking companies, drivers, manufacturers, or even government entities, we can help you fight against any negligent party and get the justice you deserve. Contact Rosenfeld Injury Lawyers today for your free case evaluation.

Resources: [1] Indiana Criminal Justice Institute, [2] Fort Wayne Police Department, [3] WANE, [4] National Highway Traffic Safety Administration, [5] Indiana Department of Transportation, [6] 21 Alive News, [7] Federal Motor Carrier Safety Administration, [8] Federal Motor Carrier Safety Administration, [9] 21 Alive News, [10] Federal Motor Carrier Safety Administration, [11] Insurance Institute for Highway Safety, [12] Indiana Bureau of Motor Vehicles

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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