Who Is Responsible for Your Injuries?
Indiana is an at-fault state, which means that if an accident occurs, the negligent party is responsible. However, proving negligence in commercial vehicle accidents is not always cut-and-dry. There are several parties to consider when trying to determine liability in these cases, including:
- Truck driver – if the accident was caused by driver error
- Truck owner/trucking company – if the truck was not well-maintained, proper insurance was not provided, the driver was not thoroughly trained or was denied their break periods, etc.
- Truck mechanic – if the truck was recently looked at by a mechanic and cleared to drive, and an accident occurred due to a mechanical error
- Parts manufacturer – if a part was shoddily manufactured and caused the truck to fail, resulting in an accident
- Cargo loader – if the truck’s cargo was loaded in a way that did not adhere to weight distribution standards, and the uneven weight of the truck caused an accident
- Other motorists – if the reckless driving of another motorist caused an accident involving a truck
What makes these accident cases so tricky is that oftentimes, liability is linked to more than one party. For example, if a driver gets into an accident because they are tired, they may have been tired because they did not take their scheduled break. While that may look like the driver’s fault, it is possible that the trucking company instructed them to skip their break to get to their destination faster.
All parties are responsible for adhering to safety regulations set by the FMCSA. Trucking companies are also required to maintain insurance policies on all trucks. Failing to do so could put them at risk of a lawsuit in the event of an accident.
Insurance Requirements for Commercial Trucks in Bloomington
In Indiana, insurance requirements vary based on the size, weight, and contents of commercial vehicles. Depending on how large the commercial truck is, how much it weighs, and the type of cargo it is transporting (hazardous or non-hazardous materials), insurance policy premiums could be as high as $5,000,000 or as low as $300,000. Factors that influence this price range are how expensive semi-trucks are, the quantity and weight of the cargo they carry, the damage a commercial vehicle accident can cause, etc.
Safety Regulations for Commercial Vehicles
Indiana law requires semi-trucks to be equipped with safety materials such as fire extinguishers, spare fuses, devices that warn drivers of stopped vehicles, and more. Vital parts of the truck must also be inspected before each use, including the tires, steering function, brakes, windshield wipers, mirrors, and more.
These regulations are in place to protect drivers and others on the road and minimize damage and injury in the event of an accident. With that said, accidents can still happen no matter how cautious and vigilant the driver is. Thorough record keeping will ensure that there is documentation of safety precautions taken by the driver, which can be invaluable when it comes to proving negligence in an injury case.
Because there are so many layers to determining fault after a commercial vehicle crash, it is always best to consult a Bloomington truck accident attorney as soon as possible after the incident.