What variables may be considered in legal action against a tow-truck driver who hit a car near an accident scene in Merrillville, Indiana, causing a chain reaction of damage to other vehicles and a tractor trailer hitting his truck?

 

 

Merrillville Indiana multi-vehicle crash.

In Spring 2019, a vehicle accident involving cars, trucks, and a tractor trailer occurred in Merrillville Indiana.  Ten vehicles were involved in a crash near Southlake Mall after a tow truck caused a vehicle to roll on its side after the car pulled out in front of the truck.  The tow truck driver then lost control and veered into the eastbound lanes of U.S. 30 and crashed into several other vehicles, and subsequently was struck by a semi-tractor-trailer.

Commercial vehicle.

Elevated traffic movement of commercial motor vehicles impacts the safety conditions and traffic patterns on Indiana’s roadways, since they travel more than 9.5 billion miles annually. The Indiana Code states tow trucks may exceed state weight and length limits for coupled vehicles if they are designed specifically for towing and follow state requirements regarding functional flashing and brake lights and can be considered a commercial vehicle in some cases.

Truck class.

Trucks fall into two classes, those weighing 10,000 pounds or less, and those weighing more than 10,000 pounds. Commercial Motor Vehicle status impacts laws and damages to be sought after in personal injury situations. The size of a truck causes more damage than that of a passenger-sized vehicle and is accounted for in formal settlements between parties. Nearly 5,000 people are killed in truck accidents annually and 98% of the time, the driver of the other vehicle is killed. Every 16 minutes a person is injured or killed from a truck accident.

Indiana has adopted the Federal Motor Carrier Safety Regulations on spot checking as Indiana law, in an effort to keep trucks safe and reduce roadway incidents.  Spot checking equipment before each trip is required by all drivers and could play a part in a negligent claim against them.

Insurance.

Insurance requirements for automobiles, commercial vehicles and tractor trailers may differ, making a lawsuit more complex and better handled with the expertise of an Indiana lawyer who is familiar with accident claims surrounding highway crashes.

Auto: The minimum liability limits required for motorists in Indiana are: Uninsured Motorists: Bodily Injury: $25,000/$50,000; Property Damage: $25,000; Under insured Motorists: Bodily Injury: $50,000.

Trucks: Indiana insurance requirements for trucks.

• Carriers transporting nonhazardous property in a vehicle with a gross vehicle weight rating (GVWR) of 10,001 lbs. or more – $750,000.
• Private and/or for-hire carrier transporting hazardous material – $1,000,000 to $5,000,000.
• Carriers transporting nonhazardous property in a vehicle with a GVWR of 10,000 lbs. or less – $300,000.

Who is Liable for Injury and Damages?

In a personal injury lawsuit, damages can be recovered under Indiana Code sections 34-51-2-5 and 34-51-2-6 against an at-fault party, but they will be reduced by each driver’s share of the liability.  If that percentage is above 50% compared to other parties involved in the accident, you will not be able to recover anything from other parties, making Indiana a “modified comparative negligence” state.

Hire an attorney.

In a case where an injury, damages and/or loss of life occurred, an attorney at the Law Office of Marshall P. Whalley can assess the pertinent data surrounding the accident and give you legal advice to pursue a claim.  The size of a vehicle impacts laws and insurance requirements for each vehicle and may have some bearing on a settlement.

 

Marshall P. Whalley
& Associates, PC

51 W 112th Ave
Crown Point IN 46307

219.769.2900 Tel.
855.442.7211 Toll Free
219.769.2995 Fax

Sources:

https://www.in.gov/idoi/2579.htm

https://www.nhtsa.gov/research-data/fatality-analysis-reporting-system-fars

https://www.in.gov/indot/2469.htm

https://www.in.gov/dor/4235.htm

http://iga.in.gov/legislative/laws/2018/ic/titles/034#34-51-2-5