Indianapolis Truck Override Accident Lawyer

Truck override accidents account for some of the most devastating collisions on Indiana’s roads. These crashes upend the lives of the victims and their families, resulting in serious injuries and deaths, along with tremendous financial and emotional burdens.

According to the Federal Motor Carrier Safety Administration (FMCSA), trucks were involved in more than 5,000 accidents in Indiana, resulting in over 100 deaths. Many of these crashes were override incidents, in which the truck ended up on top of a passenger car.

As a leading Indianapolis truck accident lawyer, Vaughn A. Wamsley features a dedicated and caring team of professionals. We stand alongside victims and their families, leveraging our experience and resources to fight for justice and fair compensation.

What Is a Truck Override Accident?

Override truck accidents occur when a commercial vehicle, typically a semi-truck, partially or fully rides on top of a smaller car.

The vast size disparity between fully-loaded semi-trucks, which can weigh 40 tons, and passenger vehicles makes these collisions exceptionally dangerous. The weight of the overriding vehicle typically crushes the smaller car, which may have its roof sheered off.

Truck override accidents frequently result in life-threatening or fatal injuries. Surviving victims typically suffer from serious physical injuries and emotional damage that may take years to heal.

As an esteemed override truck accident attorney in Indianapolis, Vaughn Wamsley compassionately supports crash victims’ recovery by providing the expertise and resources needed to fight for the compensation they deserve.

The Causes of Truck Override Accidents

Truck override accidents occur for various reasons, though many through some form of negligence.

• Driver error – Speeding, following too closely, and driving too fast for conditions are common mistakes trucker operators make that lead to override accidents. Distracted driving, or driving under the influence, are other causes for which the truck operator may be liable.
• Driver fatigue—Despite being limited to 11 hours of driving per day by FMCSA regulations, truck drivers may attempt to exceed these limits to meet deadlines voluntarily or under pressure from a trucking company, leading to driver fatigue.
• Inadequate Training—Truck companies that hire unqualified drivers or inadequately train their vehicle operators may put drivers on the road who must learn to operate large commercial vehicles safely.
• Poor Vehicle Maintenance – If vehicle parts, such as tires and brakes, are not adequately maintained or replaced, they may fail and cause an override accident.
• Road Conditions – Wet, icy, or snow-covered roads require more distance for stopping.
• Improperly Loaded Cargo – If freight loaders exceed weight limits, a driver may be unable to stop his truck in time, resulting in an override accident.

As a top-rated truck accident lawyer in Indianapolis, we understand that most truck override accidents are preventable. If you are injured in an accident with a truck, know that we will seek justice from all negligent parties, including truck drivers, trucking companies, cargo loaders, and others.

Common Injuries in Truck Override Accidents

Due to the size and weight difference between semi-trucks and passenger vehicles, override accidents often lead to catastrophic injuries or even death.

Common injuries resulting from override crashing include:

• Traumatic Brain Injuries (TBI) – Trauma to the head is a frequent outcome of override incidents and may consist of concussions or more serious brain trauma.
• Spinal Cord Injuries – Override accidents often cause severe spinal cord, back, and neck injuries, including paralysis.
• Broken Bones – With the crushing weight of a truck on top of a car, victims often suffer multiple broken bones throughout their bodies.
• Amputations – Accident victims are frequently trapped in the wreckage, and amputations may be necessary for life-saving purposes or for crush damage that cannot be repaired.
• Internal Injuries – Injuries to internal organs are a common outcome of override accidents due to the crushing nature of the impact.
• Death – unfortunately, that incredible crushing mass of a commercial vehicle frequently makes injuries suffered in an override accident unsurvivable.
• Emotional Trauma – Survivors of such devastating accidents may experience post-traumatic stress disorder (PTSD) and other emotional difficulties.

As the leading Indianapolis override truck accident lawyer, we support you in recovery. We help you obtain the best medical care and understand your legal options while fighting for your deserved compensation.

Vaughn Knows What You Are Going Through

You Don’t Pay Unless We Win

Time Is Not On Your Side After An Accident. Call Vaughn Wamsley NOW.

317-846-1080

Building a Strong Case for Truck Override Accident Victims

The experienced team at Vaughn Wamsley performs exhaustive research and undergoes extensive preparation to build a solid case for your claim. You can trust our thorough approach to your case.

Our exhaustive approach includes:

1. Thorough Investigation – We tirelessly investigate your accident by examining police reports, interviewing witnesses, reviewing video footage, and consulting with accident reconstruction experts to compile an extensive litany of evidence
2. Identifying Responsible Parties – Based on the evidence, we identify all liable parties, including truck drivers and the trucking company, manufacturers, cargo loaders, and road maintenance crews.
3. Reviewing Medical Records – We develop a comprehensive view of the medical damages you are entitled to by thoroughly reviewing medical records and meeting with medical experts to determine short- and long-term care needs.
4. Calculate damages—In addition to medical damages, we review all other evidence in your case and work with various industry experts to determine the full scope of damages available for your claim.
5. Negotiating with Insurance Companies – With an outstanding track record of achieving fair settlements, our team deals with insurance companies, so you don’t have to. Our thorough preparation and resources equip us to take on the insurance companies.
6. Litigation, If Necessary – We will be fully prepared to take your case to court if we cannot reach an acceptable settlement with the insurance companies. We have an outstanding record of reaching favorable outcomes through litigation.

Liability in a Truck Override Accident

In addition to our exhaustive approach to building strong cases, the Vaughn Wamsley team thoroughly understands the federal and state regulations that are relevant to determining fault and liability in a truck override accident.

Federal Regulations

The FMCSA oversees roadway safety for commercial vehicles, including semi-trucks, at the federal level.

Important federal laws include:

• Hours of Service (HOS) Regulations – Commercial vehicle operators are limited to 11 hours of driving daily to help prevent drowsy driving.
• Vehicular Maintenance Regulations – Trucking companies are responsible for ensuring their fleets receive proper maintenance at regular intervals. Additionally, all service appointments must be appropriately documented.
• Drug and Alcohol Testing – Semi-truck drivers are required to be screened for drugs and alcohol to prevent commercial vehicle operators from driving while under the influence.

State Regulations

In addition to federal regulations imposed by the FMCSA, the following Indiana regulations are crucial to vehicle accidents on the state’s roads.

• Comparative Negligence – Indiana has a “modified comparative negligent” law, meaning drivers may receive compensation if they are less than 51 percent at fault for an accident. Additionally, compensation may be reduced by a percentage equal to the amount they are ruled to be at fault in the incident.
• Statute of Limitations—According to Indiana’s statute of limitations, Personal injury claims must be filed within two years of the accident date. Because of this deadline, it is essential to contact a truck accident lawyer near me as soon as possible following a crash.
• Damages Available – In Indiana, accident victims may claim damages for medical costs, lost wages, pain and suffering, and property damage due to an accident.

As your Indianapolis override truck accident lawyer, Vaughn Wamsley can help you understand your legal options if you are involved in an accident.

Steps to Take After a Truck Override Accident

If you or a loved one has been injured in a truck underide accident, time is of the essence. Following these steps, you can protect your legal rights and position yourself to best move forward.

1. Seek Medical Attention – Get professional medical help immediately. Medical experts can identify non-apparent injuries and document your medical condition even if you don’t feel injured.
2. Document the Scene – Take pictures of any visible injuries, the accident scene, vehicle damage, skid marks, and anything else you think may be relevant to your case.
3. Gather Information – Obtain contact information for the truck driver, the trucking company, and any witnesses.
4. Do Not Admit Fault – Do not say anything that could be interpreted as you admitting fault for the accident.
5. Contact an Experienced Attorney – Call a trusted truck accident attorney as soon as possible to provide you with additional guidance.

Why Choose Us

Victims and their families have so much on their plates following an override truck accident. Choosing the right legal representation doesn’t have to be another challenge.

As a top-rated truck accident lawyer in Indianapolis, Vaughn A. Wamsley advocates for accident victims who compassionately stands by accident victims while fighting to achieve justice and fair compensation. Our experienced team with a long track record of success lets you focus on your recovery, knowing your claim is in the most capable hands.

If you or a loved one has been injured in a truck accident, contact us today for a free consultation.