Truck Accident Lawyer
in Fort Wayne, IN
The truck weighs twenty times more, the injuries are often catastrophic, and within hours the trucking company's adjusters and defense lawyers are already at work. Indiana sees more than 5,700 large-truck collisions and 135 deaths a year, and most of those killed are people in passenger vehicles, not the truck. At Theisen Hubley Law, we help Fort Wayne truck accident victims pursue the compensation they may be entitled to receive.
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How Theisen Hubley Law Helps Fort Wayne Truck Accident Victims
Theisen Hubley Law has represented injured clients across Fort Wayne and Northeast Indiana since 2001. Truck cases come with complications ordinary auto claims don't have: federal regulations, multiple potentially responsible parties, and electronic records that can be lost if they aren't preserved quickly.
We handle the case from start to finish: investigation, preservation letters for the truck's black box data and driver logs, identifying every party that may share fault, and direct negotiation with the trucking company's insurers. If a fair resolution cannot be reached, we are prepared to take your case to court.
Types of Truck Accidents
We Handle in Fort Wayne
The cause of a commercial vehicle crash often points to who is responsible. Our Fort Wayne truck accident attorneys represent clients injured across Allen County and the surrounding region.
Semi-Truck and 18-Wheeler Crashes
Long-haul tractor-trailers travel through Fort Wayne on I-69, I-469, and US-30 every day. Crashes involving these vehicles tend to cause the most serious injuries and the most complicated liability questions, especially when the driver, the trailer, and the cargo each involve a different company.
Jackknife Accidents
A jackknife happens when the trailer swings out at an angle to the cab, often from hard braking, lost traction, or improper descent on a grade. Jackknifed trailers can block multiple lanes and trigger chain-reaction crashes with passenger vehicles.
Rollover Accidents
Top-heavy trucks, oversized loads, and tankers carrying liquid cargo are especially prone to rollovers, particularly on curves and exit ramps. A rollover often signals driver error, an unsafe load, or a mechanical failure that someone should have caught.
Underride Accidents
An underride happens when a smaller vehicle slides beneath the trailer, often with catastrophic results. Federal rules require rear and side underride guards on many trailers, and a missing or defective guard can be central to the case.
Rear-End Collisions Involving Trucks
A fully loaded semi takes far longer to stop than a passenger car, and at highway speed the difference can be devastating. Rear-end crashes by commercial trucks often involve following too closely, distracted driving, fatigue, or brake failure.
Tire Blowouts and Mechanical Failures
Blown treads can fly across multiple lanes and cause the driver to lose control. These crashes often trace back to poor maintenance, skipped inspections, or recapped tires, putting both the trucking company and the maintenance provider on the hook.
Cargo-Related Crashes
Improperly secured, unbalanced, or overloaded cargo can shift in transit, throw off the truck's center of gravity, or spill onto the roadway. When cargo causes a crash, the shipper or loading company may share liability along with the trucking company.
Wide-Turn and Blind-Spot Accidents
Tractor-trailers have large blind spots, called "no-zones," along all four sides. A truck driver who fails to check mirrors before turning or changing lanes can sideswipe or run over a smaller vehicle.
Fatigue-Related Crashes
Federal hours-of-service rules under 49 CFR Part 395 limit how long a commercial driver can stay behind the wheel. When drivers, dispatchers, or motor carriers ignore those limits, fatigue becomes a leading cause of serious crashes, and the violation itself often supports the negligence claim.
Impaired and Distracted Driving Crashes
Federal law sets a stricter BAC limit of 0.04% for commercial drivers and prohibits texting and hand-held cell phone use behind the wheel. Crashes caused by an impaired or distracted trucker often lead to additional liability against the carrier for hiring, retention, or supervision failures.
Hurt in a Fort Wayne Truck Crash?
Let's Talk Through Your Options.
You don't need to have all the answers before you call. Tell us what happened and we'll walk you through whether you may have a case under Indiana law.
Common Causes of Trucking Accidents in Fort Wayne
Indiana negligence law requires proof that another party's careless or unsafe behavior led to the collision. In trucking cases, the at-fault party is often the company behind the driver, not just the driver behind the wheel. Most Fort Wayne truck accidents we see are tied to one or more of the following:
- Driver fatigue and violations of federal hours-of-service rules under 49 CFR Part 395
- Speeding or driving too fast for road, weather, or traffic conditions
- Distracted driving, including dispatch communication, GPS use, and cell phone use
- Drug or alcohol impairment
- Negligent hiring, training, or supervision by the motor carrier
- Pressure from dispatchers to meet unrealistic delivery deadlines
- Failure to inspect or maintain the truck, including brakes, tires, and steering components
- Improperly loaded, unsecured, or overweight cargo
- Defective parts, including faulty brakes, tires, and underride guards
- Failure to yield, unsafe lane changes, and improper merging on I-69, I-469, and US-30
- Aggressive driving and tailgating in heavy traffic
- Snow, ice, and reduced-visibility weather typical of Northeast Indiana winters
Common Injuries We Work With After 18-Wheeler Crashes
When a 40-ton commercial truck collides with a passenger vehicle, the passenger vehicle absorbs most of the force. Truck-crash injuries tend toward the catastrophic end of the spectrum, often involving more than one body system. We frequently see:
- Traumatic brain injuries (TBI) and concussions
- Spinal cord injuries, including paralysis
- Herniated and bulging discs
- Multiple fractures and crush injuries
- Internal organ damage and internal bleeding
- Severe burns from cargo fires or fuel ignition
- Amputations, including surgical amputations following severe limb damage
- Whiplash and soft tissue injuries
- Severe lacerations, scarring, and disfigurement
- Psychological trauma and post-traumatic stress
What Compensation Can You Pursue After a Fort Wayne Truck Accident?
Indiana law allows truck crash victims to pursue economic and non-economic damages. Cases involving egregious conduct may support punitive damages, and family members of someone killed in a truck crash may pursue a wrongful death claim under Indiana Code § 34-23-1-1.
Economic Damages
Economic damages are the measurable costs you can document with receipts, invoices, and pay records. In truck cases these often run into six or seven figures and can include:
- Ambulance, ER, and hospital bills
- Surgical procedures and follow-up care
- Physical therapy, occupational therapy, and rehabilitation
- Long-term and lifetime medical needs, including in-home care and assistive equipment
- Prescription medications and medical devices
- Income lost while you recover
- Diminished earning capacity if the injury limits what you can do for a living going forward
- Replacement or repair of your vehicle and personal property destroyed in the crash
Non-Economic Damages
Non-economic damages compensate for the parts of the injury that don't appear on a bill: the pain, the activities you can no longer do, the strain on family relationships, and the permanent reminder of scarring or disfigurement. These damages recognize that the cost of a serious truck crash goes beyond what is measured in dollars.
Wrongful Death Claims
If a family member was killed in a Fort Wayne truck crash, surviving spouses, children, or dependents may pursue a wrongful death claim under Indiana Code § 34-23-1-1. Available damages can include:
- Reasonable medical and funeral expenses
- Lost financial support the deceased would have provided
- Lost services and contributions to the household
- Loss of love, care, and companionship suffered by the family
Punitive Damages
Truck crashes involving reckless or knowing misconduct, such as impaired driving, falsified logbooks, or knowingly placing an unfit driver on the road, may support punitive damages under Indiana Code § 34-51-3. These damages punish particularly harmful conduct rather than compensate the victim.
#cta_start
Trucking Insurers Move Fast. So Should You.
Trucking companies often dispatch investigators within hours and offer a quick settlement before your full medical picture is known. Once you sign a release you generally cannot reopen the claim, so have any offer reviewed before you accept it.
#cta_end
Indiana Truck Accident Laws You Should Know
How Indiana law shapes your claim matters before you sign anything from a trucking company or its insurer.
Statute of Limitations
Under Indiana Code § 34-11-2-4, most personal injury claims must be filed within two years of the date of injury. For wrongful death claims, the same two-year window runs from the date of death. The deadline also matters for preserving evidence the motor carrier is allowed to destroy after a short period.
Modified Comparative Fault
Indiana follows a modified comparative fault rule. You may recover if your share of fault does not exceed 50 percent, with your recovery reduced by your percentage. At 51 percent or more, recovery is barred entirely. In trucking cases, defense lawyers often try to shift fault onto the passenger vehicle driver, which is one reason early investigation matters.
Commercial Insurance Minimums
Interstate trucks carrying non-hazardous freight must carry at least $750,000 in liability coverage under federal rules. Trucks carrying hazardous materials, oil, or passengers must carry more, sometimes up to $5,000,000. We identify every applicable policy, including excess and umbrella coverage.
Federal Trucking Regulations
Commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA), which sets rules for driver hours, vehicle inspection, drug and alcohol testing, and cargo securement. A violation of one of these rules can be strong evidence of negligence and may support a claim for punitive damages.
Damage Caps in Indiana
Indiana does not cap economic or non-economic damages in standard truck accident cases. Two exceptions apply: punitive damages are capped under Indiana Code § 34-51-3-4 at $50,000 or three times your compensatory damages, whichever is greater, and claims involving a government defendant are limited under Indiana Code § 34-13-3-4 to $700,000 per person and $5 million per accident.
Steps to Take After a Truck Accident in Fort Wayne
The hours and days after a truck crash matter for both your health and your claim. Here is what we recommend:
- Call 911 from the scene. A commercial vehicle crash will usually bring Fort Wayne Police, the Allen County Sheriff's Office, or Indiana State Police, depending on where it happened.
- Get a medical evaluation, even if you feel okay. Truck-crash injuries often take time to show, and prompt treatment also creates the record your case will need later.
- Photograph the truck itself, not just your car. Get the cab, the trailer, any visible USDOT and MC numbers on the door, the cargo, and any company signage. Those numbers help identify the motor carrier.
- Collect the driver's CDL information and the name of the motor carrier they were driving for. The driver and the company are often separate businesses.
- Decline to give a recorded statement to the trucking company's insurer or claims representative until you've spoken with an attorney.
- Stay off social media. Trucking defense teams routinely monitor accident victims' accounts for material they can use to reduce a claim.
- Reach out to Theisen Hubley Law. The sooner we are involved, the sooner we can preserve evidence the trucking company is allowed to destroy on schedule.
Why Choose Theisen Hubley Law
for Your Truck Accident Case
Trucking cases reward preparation. The carriers and insurers on the other side are repeat players, and the firm representing you needs to be ready for that on day one.
What Our Clients Say
We Serve Truck Accident Victims Across Allen County and Northeast Indiana
Truck routes do not stop at the Fort Wayne city limits, and neither do we. From our downtown Fort Wayne office we take cases throughout Northeast Indiana, with virtual meetings available when injuries make travel hard.
Counties we serve include:
- Allen County
- Kosciusko County
- Wabash County
- Adams County
- LaGrange County
- Wells County
- DeKalb County
- Noble County
- Whitley County
- Huntington County
- Steuben County
Theisen Hubley Law
Get in Touch with Our Fort Wayne Truck Accident Team
Every hour after a truck crash works against the injured party. Records can be overwritten, witnesses move on, and the trucking company's legal team is already shaping the narrative. Share the basics of what happened and what you're dealing with, and we'll tell you honestly whether you may have a case worth pursuing.
FAQs About Fort Wayne Truck Accident Claims
Truck cases involve more parties (driver, motor carrier, truck owner, cargo loader, parts manufacturer), federal FMCSA regulations, higher insurance limits ($750,000 minimum for most interstate trucks), and time-sensitive evidence like black box data and electronic logs. They need to be worked as trucking cases, not routine auto claims.
Liability often extends beyond the driver. The trucking company can be held responsible for the driver's conduct and may also be directly liable for negligent hiring, training, or supervision. The truck owner, maintenance provider, cargo loader, and parts manufacturer can also share fault.
Electronic control module ("black box") data, driver logs and qualification files, post-crash drug and alcohol test results, maintenance records, cargo manifests, dashcam footage, and cell phone records. We send preservation letters early so this material isn't lost.
Every case is different. Value depends on injury severity, medical and out-of-pocket costs, impact on your ability to work, conduct of the trucking company, and available insurance. We give every client a clear assessment in a free consultation.
In most cases, no. Trucking insurers often move quickly to settle before the full extent of injuries is clear. Once you sign a release, you generally cannot reopen the claim. Always have an offer reviewed first.
You may still recover under Indiana's modified comparative fault rule, as long as you were not more than 50 percent at fault, with your recovery reduced by your share. Defense lawyers often try to shift blame onto the passenger vehicle driver, which is why early investigation matters.