How to Prove Fault in a Semi-Truck Accident in Indiana

By Published On: June 28, 20241195 words

Table of Contents

Semi-truck accidents can be both physically and emotionally devastating, potentially leading to severe injuries, significant property damage, and even fatalities. Proving fault in such accidents is complex and involves multiple parties and extensive investigations. Understanding how to establish liability is crucial for victims seeking compensation. This blog outlines the process of proving fault in a semi-truck accident in Indiana.

Who Are The Potentially Liable Parties in a Semi Truck Accident?

In a semi-truck accident, several parties might be held liable, depending on the specific circumstances of the case. The potentially liable parties include:

  1. Truck Driver: The driver might be at fault due to negligence, such as speeding, distracted driving, driving under the influence, or failing to adhere to hours of service regulations.
  2. Trucking Company: The company employing the driver might be held liable for inadequate training, poor maintenance of the truck, or pressuring drivers to meet unrealistic deadlines, leading to fatigue or reckless driving.
  3. Truck Manufacturer: If a defect in the truck or its parts, such as brakes or tires, caused the accident, the manufacturer could be liable.
  4. Cargo Loaders: Improperly loaded or secured cargo can lead to accidents. Those responsible for loading the truck might be liable if the cargo caused or contributed to the crash.
  5. Maintenance Providers: Companies responsible for the truck’s maintenance could be held accountable if poor maintenance or repairs led to the accident.
  6. Other Drivers: Sometimes, other drivers on the road may also be partially or fully responsible for causing the accident.
  7. Shippers/Brokers: Sometimes, the companies that hired and arranged for the trucking company to transport the load can be liable for damages arising from semi-truck accidents. An experienced semi-truck accident attorney, will be able to review the facts of the semi-truck crash and determine whether a viable claim exists against the shipper/broker that arranged for the trucking company ot transport the load. 

Identifying all potentially liable parties is crucial for ensuring comprehensive compensation for the victims.

Determining Fault in an Accident Involving a Semi Truck

Proving fault in a semi-truck accident involves a meticulous investigation and collection of various types of evidence. Here’s how fault is typically determined:

  1. Accident Scene Investigation: Investigators examine the scene for physical evidence, such as skid marks, vehicle positions, and road conditions. Photographs and videos from the scene may provide vital information.
  2. Eyewitness Testimonies: Statements from witnesses who observed the accident can help reconstruct what happened and identify who may be at fault.
  3. Police Reports: Law enforcement officers will create a report detailing their observations and opinions on the cause of the accident. This report can be a critical piece of evidence.
  4. Vehicle Data: Many commercial trucks have an electronic control module (ECM) and other data recording systems that track speed, braking, and other actions before the crash.
  5. Electronic Logging Devices (ELDs) and Driver Logs: Reviewing the commercial truck’s ELD and driver’s log books and records can reveal violations of hours of service regulations, indicating driver fatigue.
  6. Maintenance Records: Investigating the truck’s maintenance history can uncover issues related to vehicle upkeep that might have contributed to the accident.
  7. Expert Analysis: Accident reconstruction experts analyze the evidence to recreate the events leading up to the crash and provide opinions on fault.

How Does Law Enforcement Determine Fault in an Accident?

Law enforcement officers play a critical role in determining fault in a semi-truck accident. Here’s how they typically approach it:

  1. Initial Assessment: Upon arriving at the scene, officers secure the area, assist injured parties, and prevent further accidents. They then begin their investigation by observing the scene and noting visible evidence.
  2. Interviews: Officers interview drivers, passengers, and witnesses to gather accounts of what happened.
  3. Documentation: Officers document their findings in a police report, including any traffic violations, driver statements, and witness testimonies.
  4. Citations: If traffic laws were violated, officers might issue citations to the responsible parties, which can be used as evidence in determining fault.
  5. Supplemental Reports: In more complex cases, officers may file supplemental reports after conducting further investigation or receiving additional information.

While law enforcement determinations are important, they are not the final word on fault. Insurance companies and courts will conduct their own evaluations as well, and all will be considered when determining blame in an accident.

How Do Insurance Companies Determine Fault in an Accident?

Insurance companies also conduct thorough investigations to determine fault and assess claims. Here’s their typical process:

  1. Claim Filing: After an accident, involved parties file claims with their respective insurance companies, initiating the investigation process.
  2. Adjuster Assignment: The insurance company assigns an adjuster to the case to gather and review evidence. This may include police reports, witness statements, and accident scene photos.
  3. Interviews: The adjuster may interview drivers, passengers, and witnesses to obtain their accounts of the accident.
  4. Vehicle Inspection: The adjuster inspects the damage to the vehicles involved to assess the extent and nature of the collision and determine whether or not the driver accounts align with the physical evidence on the vehicles.
  5. Expert Consultation: Insurance companies may consult with accident reconstruction experts or other specialists to analyze the evidence and determine fault.
  6. Fault Determination: Based on the gathered evidence, the insurance company determines fault and decides how to handle the claim. They may assign partial fault to multiple parties which directly impacts the settlement amount or potential eligibility for other compensation.
  7. Settlement Negotiation: The insurance company negotiates with the involved parties or their attorneys to reach a settlement. If an agreement cannot be reached, the case may proceed to litigation.

Why Trust Habig Injury Law with Your Semi-Truck Accident?

Navigating the complexities of a semi-truck accident case requires skilled legal representation. Here’s why you should trust Habig Injury Law with your case:

  1. Experience With Semi-Truck Accidents: Before becoming full-time personal injury lawyers, Eric Habig and Tim Cochren worked for a number of years at the United States’ largest transportation focused law firm where they represented numerous trucking companies and logistics companies on transportation issues. Our attorneys have extensive knowledge of Indiana’s truck accident laws and regulations which will ensure they maintain a thorough understanding of your case throughout the process.
  2. Comprehensive Investigation: We conduct detailed investigations to gather all necessary evidence, including accident reports, witness statements, and vehicle data.
  3. Strong Advocacy: We are dedicated to fighting for your rights and securing the maximum compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.
  4. Personalized Attention: At Habig Injury Law, we provide personalized attention to each client to ensure the case is handled with care and professionalism.
  5. Proven Track Record: Our firm has a proven track record of successfully representing clients in semi-truck accident cases, securing favorable outcomes, and acquiring substantial settlements.
  6. Support Throughout the Process: We handle all communications with insurance companies and other parties on your behalf, which ultimately serves to reduce your stress and allows you to focus on recovery.

If you or a loved one has been involved in a semi-truck accident, contact Habig Injury Law at 317-642-3813 for a free consultation. Let us help you navigate the legal process and secure the compensation you deserve. Trust us to be your advocate during this challenging time.



Habig Injury Law offers rides as a concierge service to our clients. If your car has been badly damaged in an accident, we are here to assist you in this difficult time. Please call us at (317) 642-3813 to request a pickup.

Personal Injury Lawyer in Greenwood, IN | Habig Injury Law

What Habig Clients Are Saying…

What Habig Clients Are Saying…