Trucking Crashes

Fort Wayne Truck Crash Lawyer

Fort Wayne Truck Accident Lawyers: Your Advocates in Federal Trucking Regulations

A lot of trucks, particularly ones coming through the middle of the country, are often involved in interstate commerce. That means federal law applies, and your Fort Wayne truck crash attorney must be familiar with the extensive regulations that are a part of the Federal Motor Carrier Safety Act.

Understanding Federal Trucking Regulations in Truck Crash Cases

This legislation and the agency that implements it, the Federal Motor Carrier Safety Administration, set forth regulations that the trucking industry must follow. The regulations are extensive. 

Driver's Hours on the Road: A Key Factor in Truck Accident Claims

A prominent one in truck crash cases is the amount of time a driver was allowed to be on the road. There are limits, both daily and weekly, to how long a truck driver can stay on the road. Violation of these limits can be a big part of establishing negligence on the part of the company.

The Discovery Process: Uncovering Evidence of Negligence

But proving negligence means the attorney must obtain the necessary records from the company. The discovery process is the vehicle by which that can happen.

Investigating Employer Practices in Trucking Accident Cases

In a case where it’s suspected the driver was in violation of how much time could be spent on the road, discovery might seek to yield information that would not only prove this particular point, but would establish why the driver was on the road too long. 

Seeking Accountability: The Role of Discovery in Truck Crash Litigation

Were they given assignments and timetables that could only be reasonably achieved by violating regulations? Is there anything that indicates employer laxity in enforcing the regulations? Were drivers even tacitly encouraged to exceed their driving limits? The answers to questions like these, and many more, are possible to find in the discovery process. 


Contact Fort Wayne's Trusted Truck Accident Attorneys Today

Let us help you with your case. Call today at (260) 777-0844 or contact us online to set up a consultation.


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Commonly Asked Questions

Why is investigating employer practices important in Fort Wayne trucking accident cases?

Investigating employer practices is crucial in Fort Wayne trucking accident cases to determine if there were any violations of federal regulations. This includes examining whether drivers were given unrealistic schedules or if there was a culture of laxity in enforcing safety regulations, which could lead to drivers being on the road longer than legally permitted.

What is the discovery process in a truck accident case?

The discovery process in a truck accident case involves obtaining necessary records from the trucking company to prove negligence. This process enables attorneys to uncover evidence such as driving logs, employment practices, and whether there was any encouragement to violate driving time regulations.

How can a Fort Wayne truck accident attorney help me seek accountability?

A truck accident attorneys in Fort Wayne can help you seek accountability by meticulously investigating the case, utilizing the discovery process to gather evidence, and establishing negligence on the part of the trucking company or driver. An attorney's understanding of federal regulations and local laws is essential in building a strong case.

Come to me for free! Call (260) 777-0844 today.

Truck Crash Liability in Indiana

While it’s possible that the truck driver themselves might be the negligent party, a Fort Wayne truck crash lawyer has to perform due diligence to consider other possibilities.

  • Was the cause of the crash something flying off the back of the truck? If so, the potential liability would rest with the person or company that did the packing. In the trucking industry, that’s not necessarily the same as the person or company that operated the rig.
  • Did the truck company do appropriate investigation into the qualifications of the driver? Truck drivers have specific licenses they must get. Putting an unlicensed or untrained driver on the road can shift the liability to the company.
  • As part of the investigation process, truck companies may call their insurance carrier to ask their advice on the hiring of personnel. An insurance investigator could be responsible for an unqualified driver operating an 18-wheel rig.
  • In an industry with as many interlocking relationships as trucking, liability can go anywhere from brokers to suppliers to mechanics. That’s to say nothing of the fact the fault might also lie with a third driver–perhaps one not involved in the crash, but whose negligence forced the truck to move in such a way that the collision occurred.

A plaintiff can have a strong case for negligence but still lose if they file suit against the wrong defendant. That’s why a lawyer with a background specifically in truck crash cases can be important to getting a fair settlement.

McKibben Law, LLC has knowledge of all the regulations, both state and federal, that trucking companies must comply with. 

The Federal Motor Carrier Safety Act

A lot of trucks, particularly ones coming through the middle of the country, are often involved in interstate commerce. That means federal law applies, and your Fort Wayne truck crash attorney must be familiar with the extensive regulations that are a part of the Federal Motor Carrier Safety Act.

This legislation and the agency that implements it, the Federal Motor Carrier Safety Administration, set forth regulations that the trucking industry must follow. The regulations are extensive. 

A prominent one in truck crash cases is the amount of time a driver was allowed to be on the road. There are limits, both daily and weekly, to how long a truck driver can stay on the road. Violation of these limits can be a big part of establishing negligence on the part of the company.

But proving negligence means the attorney must obtain the necessary records from the company. The discovery process is the vehicle by which that can happen.

In a case where it’s suspected the driver was in violation of how much time could be spent on the road, discovery might seek to yield information that would not only prove this particular point, but would establish why the driver was on the road too long. 

Were they given assignments and timetables that could only be reasonably achieved by violating regulations? Is there anything that indicates employer laxity in enforcing the regulations? Were drivers even tacitly encouraged to exceed their driving limits? The answers to questions like these, and many more, are possible to find in the discovery process. 


Let us help you with your case. Call today at (260) 777-0844 or contact us online to set up a consultation.


Contact Us

Attorney Jennifer McKibben knows how to handle a truck crash case. Even beyond her legal knowledge, she brings a fighting spirit and is determined to help her clients get justice for what they’ve suffered. 


Call the Fort Wayne office of McKibben Law, LLC at (260) 777-0844 or contact us online to set up a consultation.


For aNY tYPE OF iNJURY, Call Jen EVERY Time!

Schedule your free consultation now.

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