1. Craig, Kelley & Faultless LLC
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler accidents, commercial vehicle accidents, delivery truck accidents, dump truck accidents, bus accidents, wrongful death from truck accidents, catastrophic injuries, traumatic brain injuries, spinal cord injuries
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, rear-end collisions with trucks, head-on truck collisions, wide turn accidents, blind spot accidents, cargo spill accidents, driver fatigue accidents, brake failure accidents, overloaded truck accidents, delivery truck accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, electronic logging device (ELD) data analysis, black box data retrieval, accident reconstruction, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Established in 1999, dedicated exclusively to personal injury matters. David W. Craig and Scott A. Faultless are Board Certified in Truck Accident Law by the National Board of Trial Advocacy (NBTA), a distinction held by fewer than 100 attorneys nationwide. The NBTA is accredited by the American Bar Association. David Craig is author of “Semi-Truck Wreck: A Guide For Victims And Their Families” and hosts the podcast “After the Crash.” Named among Indiana Super Lawyers and National Trial Lawyers Top 100 Trial Lawyers. Firm has Martindale-Hubbell AV Preeminent Rating, 10.0 Superb Rating on Avvo, and membership in Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. Scott Faultless has argued cases before Indiana Supreme Court and Indiana Court of Appeals, and litigated cases in state and federal courts throughout the Midwest. Named among 10 Best Law Firms by American Institute of Legal Counsel.
Location: 5845 Lawton Loop E Drive, Indianapolis, IN 46216
Contact: (800) 746-0226 | https://www.ckflaw.com
Consultation: Free consultation available, contingency fee arrangement (no fees unless recovery is obtained)
2. Hovde Dassow + Deets, LLC
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler accidents, tractor-trailer accidents, commercial vehicle accidents, wrongful death from truck accidents, catastrophic injuries, car accidents, motorcycle accidents, premises liability
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions with trucks, head-on truck collisions, wide turn accidents, blind spot accidents, driver fatigue accidents, brake failure accidents, overloaded truck accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Over 50 years of experience serving Indianapolis and throughout Indiana. Recovered over $300 million in compensation for clients. Attorneys are familiar with federal rules and regulations governing commercial drivers as well as Indiana state laws. Experience representing clients in complex trucking accident claims involving both state traffic laws and federal trucking regulations.
Location: 8888 Keystone Crossing, Suite 1300, Indianapolis, IN 46240
Contact: (317) 575-9050 | https://www.hovdelaw.com
Consultation: Free consultation available, contingency fee arrangement
3. Vaughan & Vaughan
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler accidents, commercial vehicle accidents, wrongful death from truck accidents, catastrophic injuries, car accidents, drunk driving accidents, pedestrian accidents
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions with trucks, head-on truck collisions, blind spot accidents, driver fatigue accidents, weather-related truck accidents, impaired driving truck accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage recovery, pain and suffering claims, punitive damage claims, wrongful death claims
Background: Representing injury victims in Indiana since 1913 with over 110 years of combined experience. The firm has a long history of successfully handling truck accident cases and standing up to insurance companies. Experienced in pursuing punitive damages in appropriate cases where truck driver or company conduct warrants additional penalties.
Location: 8425 Woodfield Crossing Blvd, Suite 380, Indianapolis, IN 46240
Contact: (463) 241-6483 | https://vaughanandvaughan.com
Consultation: Free consultation available, contingency fee arrangement
4. Hankey Marks & Crider
Practice Focus: Truck accidents, semi-truck accidents, 18-wheeler accidents, commercial vehicle accidents, wrongful death from truck accidents, catastrophic injuries, car accidents, motorcycle accidents, premises liability
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions with trucks, head-on truck collisions, wide turn accidents, blind spot accidents, driver fatigue accidents, brake failure accidents, improper maintenance accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, respondeat superior claims, hours of service violation investigation, driver records investigation, training documentation review, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Experienced Indianapolis truck accident attorneys with extensive knowledge of trucking industry practices and regulations. The firm conducts thorough investigations of driver and trucking company records to identify questionable conduct. Experience handling cases against major trucking companies and their insurance carriers.
Location: 9339 Priority Way West Drive, Suite 120, Indianapolis, IN 46240
Contact: (317) 634-8565 | https://www.hankeylawoffice.com
Consultation: Free consultation available, contingency fee arrangement (no money down, fees collected only upon successful recovery)
5. Young & Young Law
Practice Focus: Truck accidents, semi-truck accidents, tractor-trailer accidents, commercial vehicle accidents, heavy equipment hauler accidents, delivery truck accidents, wrongful death from truck accidents, catastrophic injuries, car accidents
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions with trucks, head-on truck collisions, freight yard accidents, loading dock accidents, cargo handling accidents, driver fatigue accidents, brake failure accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, maintenance record investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage recovery, pain and suffering claims, wrongful death claims, workers’ compensation claims for injured truck drivers
Background: Long-established Indianapolis law firm recognized as leaders in the profession and community. Attorneys possess familiarity with Federal Motor Carrier Safety Regulations to establish liability against corporate defendants. Experience representing both members of the general driving public and truck drivers injured on the job. Thorough investigation of facts in light of truck driver and owner responsibilities for safe maintenance and operation.
Location: 101 W. Ohio Street, Suite 1500, Indianapolis, IN 46204
Contact: (317) 639-5161 | https://youngandyoungin.com
Consultation: Free consultation available, contingency fee arrangement
Truck Accident Laws and Regulations in Indiana
Statute of Limitations for Personal Injury Claims: Two years from the date of the accident under Indiana Code Section 34-11-2-4. This applies to truck accident personal injury claims. Missing this deadline typically results in the court dismissing your case.
Statute of Limitations for Property Damage Claims: Two years from the date of the accident.
Statute of Limitations for Wrongful Death Claims: Two years from the date of death (not necessarily the date of the accident) under Indiana Code Section 34-23-1-1.
Claims Against Government Entities: Significantly shorter timeframe. You must file a tort claims notice before being able to file a lawsuit, with requirements as short as 180 days (6 months) in some circumstances.
Fault vs. No-Fault Insurance State Status: Indiana is an at-fault (tort) state. The driver who caused the accident is financially responsible for damages. Injured parties may file a claim with the at-fault driver’s insurer, file with their own insurer, or file a lawsuit directly against the at-fault driver.
Comparative Negligence Rules: Indiana follows a modified comparative fault rule (51% bar rule) under Indiana Code Sections 34-51-2-5 and 34-51-2-6. If you are found to be 50% or less at fault, you can recover damages, but your compensation will be reduced by your percentage of fault. If you are 51% or more at fault, you are completely barred from recovering any damages. The court assigns a percentage of fault to each party involved.
Minimum Auto Insurance Requirements: Indiana requires minimum liability coverage known as 25/50/25: $25,000 per person for bodily injury, $50,000 per accident for bodily injury (or death of two or more persons), and $25,000 per accident for property damage.
Commercial Truck Insurance Requirements: Federal Motor Carrier Safety Administration (FMCSA) sets minimum insurance requirements for commercial trucks based on vehicle weight and cargo type. Trucks carrying hazardous materials are subject to higher insurance requirements. Minimum requirements range from $750,000 to $5 million depending on cargo classification.
Personal Injury Protection (PIP) Requirements: Indiana does not require PIP coverage.
Uninsured/Underinsured Motorist Coverage: Not mandatory in Indiana but available for purchase.
Damage Caps: Indiana caps punitive damages at the greater of $50,000 or three times compensatory damages under Indiana Code Section 34-51-3-4. Medical malpractice damages are capped at $1.8 million. Claims against government entities are limited to $700,000 per person and $5 million per accident.
Dram Shop Liability Laws: Indiana has dram shop laws allowing injured parties to pursue claims against establishments that served alcohol to visibly intoxicated persons who subsequently caused accidents.
Vicarious Liability Rules: Indiana recognizes respondeat superior, holding employers liable for employee negligence within the scope of employment. Trucking companies can be held liable when drivers are employees acting within employment scope, the act was unintentional, and occurred during employment duties.
Independent Contractor vs. Employee Driver Liability: Trucking companies may attempt to limit liability by classifying drivers as independent contractors. Indiana courts examine the actual relationship and degree of control to determine liability.
Federal Motor Carrier Safety Regulations Applicability: FMCSRs govern commercial trucks in interstate commerce and are applicable in Indiana state courts. Violations can serve as evidence of negligence.
Hours of Service Violation Admissibility: Hours of service violations are admissible in Indiana litigation to establish driver fatigue and trucking company negligence.
Electronic Logging Device (ELD) Data Preservation: Trucking companies must preserve ELD data and other electronic evidence. Prompt legal action is important to prevent destruction of evidence.
Spoliation of Evidence Rules: Indiana courts can impose sanctions for destruction or concealment of evidence relevant to truck accident cases.
Punitive Damages Availability: Available in Indiana when conduct warrants punishment beyond compensatory damages, capped at the greater of $50,000 or three times compensatory damages.
Bad Faith Insurance Claim Laws: Indiana recognizes bad faith claims against insurers who unreasonably deny or delay legitimate claims.
Frequently Asked Questions
Q: How long do I have to file a truck accident lawsuit in Indiana?
A: Under Indiana Code Section 34-11-2-4, you have two years from the date of the accident to file a personal injury lawsuit. This statute of limitations applies to truck accident claims regardless of injury severity. Missing this deadline will almost certainly result in the court dismissing your case. For wrongful death claims, the two-year period begins on the date of death under Indiana Code Section 34-23-1-1. Claims against government entities have significantly shorter deadlines, sometimes as short as 180 days for filing required tort claims notices. Certain exceptions may pause the statute of limitations, including when the plaintiff is legally disabled (such as being in a coma after an accident), when the defendant conceals liability or flees the state, or when the defendant is not an Indiana resident.
Q: How does Indiana’s comparative fault rule affect my truck accident compensation?
A: Indiana follows a modified comparative fault rule under Indiana Code Sections 34-51-2-5 and 34-51-2-6, often called the 51% bar rule. The court assigns a percentage of fault to each party involved in the accident. If you are found 50% or less at fault, you can still recover damages, but your compensation will be reduced proportionally by your percentage of fault. For example, if your damages total $100,000 and you are found 20% at fault, you would receive $80,000. However, if you are found 51% or more at fault for the accident, you are completely barred from recovering any compensation whatsoever. This makes establishing liability particularly important in truck accident cases, as insurance companies and trucking companies will often try to shift blame to the injured party.
Q: What makes truck accident litigation different from car accident cases in Indiana courts?
A: Truck accident cases in Indiana involve several layers of complexity beyond standard car accident claims. Federal Motor Carrier Safety Regulations (FMCSRs) create an additional layer of requirements that commercial truck drivers and companies must follow, including driver hours of service limits, vehicle maintenance requirements, and drug/alcohol testing protocols. Multiple parties may share liability in truck accidents, including the driver, trucking company, cargo loaders, maintenance providers, and truck manufacturers. Commercial truck insurance requirements are substantially higher than personal vehicle minimums, potentially providing more coverage for seriously injured victims. Evidence preservation is critical because trucking companies often send investigators to accident scenes immediately and may attempt to minimize, hide, or destroy evidence. Black box data, electronic logging device records, and driver qualification files must be preserved quickly through legal holds.
Q: Can I sue the trucking company if the driver was at fault for my Indiana truck accident?
A: Yes, in most cases you can pursue claims against both the driver and the trucking company. Indiana recognizes the doctrine of respondeat superior, which holds employers liable for the negligent acts of their employees performed within the scope of employment. When a truck driver is an employee (not an independent contractor) and causes an accident while performing job duties, the trucking company shares liability. The company can be held accountable even for the driver’s unintentional negligent acts. Additionally, trucking companies can be held directly liable for their own negligence in hiring, training, supervising, or retaining drivers, or for failing to properly maintain vehicles. Some trucking companies attempt to avoid liability by classifying drivers as independent contractors, but Indiana courts examine the actual employment relationship and degree of control exercised by the company to determine liability.
Q: What types of damages can I recover in an Indiana truck accident case?
A: Indiana allows truck accident victims to pursue economic damages and non-economic damages, with punitive damages available in appropriate cases. Economic damages include medical expenses (past and future), lost wages and earning capacity, property damage, rehabilitation costs, and other out-of-pocket expenses. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Indiana does not cap non-economic damages in standard truck accident cases (caps apply to medical malpractice and government claims). Punitive damages may be available when the trucking company or driver exhibited egregious conduct warranting punishment, but are capped at the greater of $50,000 or three times your compensatory damages under Indiana Code Section 34-51-3-4. Claims against government entities are capped at $700,000 per person and $5 million per accident.