Indianapolis Truck Underride Accident Lawyer

According to the Federal Motor Carrier Safety Administration (FMCSA), truck underride accidents are some of Indiana’s most severe and life-altering crashes, accounting for more than 30 percent of all fatal truck accidents.

At Vaughn Wamsley, we understand that truck underride accidents often completely upend life for victims and their families. We empathize with the long road to physical recovery, the emotional challenges, and the financial burdens that follow such a traumatic event.

As your Indianapolis truck accident lawyer, we pride ourselves in helping affected families through these most trying times by holding responsible parties accountable and obtaining the compensation they deserve.

What Is a Truck Underride Accident?

A truck underride accident happens when a smaller vehicle, often a passenger car, winds up underneath the side of a semi-truck or trailer. Underride crashes frequently occur when the larger trucks do not have proper underride guards or if existing underride guards do not prevent the small vehicle from sliding underneath the truck or trailer.

Truck underride accidents are extremely dangerous for occupants in smaller vehicles since the top of the underriding car is often sheared off in these collisions, leading to devastating injuries and fatalities.

More than 200 people die annually in underride accidents in the United States, according to the National Highway Traffic Safety Administration (NHTSA). At the same time, survivors often face a long road to recovery from catastrophic injuries.

Causes of Truck Underride Accidents

The frequency and severity of truck underride accidents are influenced by the following:

• Lack of Proper Underride Guards—The absence of suitable underride guards that prevent vehicles from going underneath a truck is a leading cause of the most serious of these collisions. The Insurance Institute for Highway Safety (IIHS) reported that trucks with strong underride guards reduced serious injuries and fatalities by 70% in rear-end collisions.
• Driver error – Sudden braking, failure to use turn signals, or stopping without proper warning can lead to underride crashes, as can other human errors such as distracted driving.
• Poor Vehicle Maintenance –  Defective lights, brakes, or reflective tape can make trucks less visible, increasing the risk of collisions.
• Road Conditions—Wet or icy roads, poorly maintained highways, steep grades, heavy traffic areas, and other unique road conditions can make an environment more susceptible to underride accidents.
• Improperly Loaded Cargo – Poor weight distribution or improperly secured freight can cause a truck driver to lose control of the vehicle, resulting in an underride accident.

Common Injuries in Truck Underride Accidents

Due to the vast disparity in size between semi-trucks and passenger vehicles, any crash may cause serious injury or death. Those risks are exceptionally accurate in underride accidents, which often sheer off the roof of the smaller vehicle.

Common injuries seen in underride crashes include:

• Traumatic Brain Injuries (TBI) – Injuries to the head, including concussion and other traumatic brain injuries, are common in underride accidents due to the proximity of victims’ heads to the truck at the point of collision.
• Spinal Cord Injuries – Many victims suffer from severe spinal cord injuries and even paralysis in an underride crash.
• Broken Bones – Due to the crushing force of a truck winding up on top of a passenger vehicle, victims frequently suffer broken bones throughout their bodies.
• Amputations – The devastating impact of a truck underride accident may make the amputation of body parts necessary for survival
• Internal Injuries – The mass of a truck passing over the victims in a passenger vehicle frequently causes damage to internal organs.
• Emotional Trauma – Due to the extreme severity of underride crashes, many victims suffer from post-traumatic stress disorder (PTSD) following the experience.

As a leading underride truck accident attorney in Indianapolis, we understand the recovery process is physically and emotionally challenging. That is why we are here to support you in all aspects of your recovery, from navigating the legal system to ensuring you receive the best medical care while fighting for the compensation you deserve.

Building a Strong Case for Truck Underride Accident Victims

At Vaughn Wamsley, our experienced and trusted team offers a comprehensive approach to your case. We perform exhaustive research to build a solid case for your claim. We thoroughly investigate and prepare every claim to guarantee that we have a rock-solid case to fight for your rights.

Our exhaustive approach includes:

1. Thorough Investigation – Our dedicated team tirelessly investigates accidents by gathering evidence from police reports, witness statements, video footage, and accident reconstruction experts.
2. Identifying Responsible Parties – Based on the evidence, we identify all responsible parties, including the truck driver, the trucking company, the truck manufacturer or its parts, or even the body responsible for maintaining the road, to pursue justice for you and your family.
3. Reviewing Medical Records – We review all medical records and interview medical experts to fully understand all damages you are entitled to for care, including both short and long-term.
4. Calculate damages – By thoroughly evaluating all evidence and records, we can build an accurate assessment of what damages you are entitled to. Backed by this evidence and armed with an ironclad case, we are fully equipped to pursue the compensation you deserve.
5. Negotiating with Insurance Companies—We communicate and negotiate with insurance companies, so you don’t have to worry. Our team has dealt with thousands of similar cases, so we possess the experience and resources necessary to negotiate a fair settlement from an insurance company. You can rest assured knowing we will fight for the best possible outcome for you.
6. Litigation, If Necessary – If the insurance company does offer an acceptable settlement, we will be fully prepared to take your case to court. Our extensive track record of securing favorable outcomes through litigation will provide you peace of mind if your claim reaches this point.

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

Liability in a Truck Underride Accident

A top-rated truck accident lawyer in Indianapolis can determine all parties liable in your case to help you maximize your claim for the compensation you deserve following a truck underride crash.

Our experienced team profoundly understands the federal and state laws that apply to your case. You can focus on your recovery, knowing that the most qualified professionals handle your claim.

Federal Regulations

The FMCSA regulates the trucking industry, focusing on safety on the nation’s roads. Key federal laws related to underride accidents include:

• Hours of Service (HOS) Regulations: The laws limit the number of hours a truck driver can operate a commercial vehicle without taking a rest break.
• Vehicular Maintenance Regulations: Trucking companies must ensure their trucks are sufficiently serviced regularly and log all maintenance work in detail.
• Drug and Alcohol Testing: Commercial vehicle operators are required to be tested for drugs and alcohol to prevent the possibility of semi-trucks being operated by someone under the influence.

State Regulations

Drivers on Indiana’s roads are also protected by state laws vital to determining fault and liability after a truck underride accident.

• Comparative Negligence: Indiana law features a “modified comparative negligent” rule, which states that drivers may be entitled to compensation if they are less than 51 percent at fault in an accident. Furthermore, their compensation may be reduced by the percentage of their fault in the crash.
• Statute of Limitations: Under Indiana’s statute of limitations, personal injury claims must be filed within two years of the accident date. Therefore, it is critical to contact a truck accident lawyer near me as soon as possible after a crash.
• Damages Available: Accident victims may be entitled to various damages suffered in an accident, including medical costs, lost wages, pain and suffering, and property damage.

Your case is too important to sit idly on. Call the Indianapolis underride truck accident lawyer of choice today to learn more about how we can assist you.

Steps to Take After a Truck Underride Accident

If you or a loved one is involved in a truck underride accident, it’s essential to act immediately to protect your legal rights:

1. Seek Medical Attention – Even if you don’t feel injured, seek medical attention. Medical experts can identify unseen injuries and document any injuries crucial for your claim.
2. Document the Scene – If possible, photograph the accident scene, vehicle damage, and any visible injuries.
3. Gather Information—Secure contact and insurance information from the trucker driver, including the trucking company. Additionally, obtain contact information from any witnesses.
4. Do Not Admit Fault – Do not make statements that could be interpreted as admitting fault.
5. Contact an Experienced Attorney—Contact a trusted attorney as soon as possible following an accident for additional guidance.

Contact Us Today

If you or a loved one has been involved in a truck underride accident, you want to get a top-rated truck accident lawyer in Indianapolis on your side as soon as possible.

Our experienced team has the resources and a proven track record of achieving justice and securing fair settlements for our clients. We will stand by your side throughout your recovery and hold those responsible accountable.

Contact us today to learn more about how the leading underride truck accident attorney in Indianapolis can assist you.