All drivers choosing the Indiana Toll Road in Elkhart, LaGrange, Lake, LaPorte, Porter, and Steuben Counties need to be aware of the special risks that come with its extensive commercial truck traffic.
The Indiana Toll Road runs for over 150 miles across the entirety of the State of Indiana. Entering the Hoosier State at the Ohio border and moving west to Illinois, it connects the Ohio Turnpike with the Chicago Skyway. As Interstate 90 (as well as dovetailing Interstate 80 from Lake Station to the Ohio border), it is a vital component of the federal interstate highway system.
Some important things to know about the Indiana Toll Road:
1. It is not a public roadway.
The Indiana Toll Road is owned and operated by private investors, such as Australian IFM Global Infrastructure Fund and Canada’s CDPQ. Read, “IFM Investors partners with CDPQ on the Indiana Toll Road,” published by PR Newswire on April 19, 2021. The ITR Concession Company LLC claims responsibility for the “…construction, maintenance, repair and operation of the toll road. Established in 2006, ITRCC is headquartered in Elkhart, Indiana. The Company has provided over $600 million dollars of improvements along the Northern Indiana corridor since 2016. We are committed to delivering a safe travel experience for our customers, employees and community.”
2. It is not a new roadway.
The Indiana Toll Road debuted in the 1950s. Read, “Throwback Thursday: The 1956 opening of the Indiana Toll Road, the highway to the future,” published by the South Bend Tribune on June 28, 2018. Accordingly, its infrastructure – like its bridges, for instance – may be in great need of review, repair, or renewal. Read, “Bolstering Bridges in Northwest Indiana,” published by the ITR Concession Company.
Why is this important?
For all those using the Indiana Toll Road, it is important to know who is responsible for traffic safety along this important segment of our transportation system. There are legal responsibilities placed by law to keep people safe from harm.
It is also important to be aware of how its roadway infrastructure, due to age alone as well as advancing things (like heavier trucks and greater traffic volume), may impact the risk of accidents. Legal duties regarding upkeep, repair, and maintenance of the road itself exist as well.
Diverse Truck Traffic on the Indiana Toll Road
Commercial truck traffic along the Indiana Toll Road may be moving all kinds of freight across the entire country as part of the larger I-90 Corridor that connects Boston with Seattle. On any given day, there may be large vehicles including tractor-trailers; semi-trucks; heavy haulers; flatbeds; hydrovacs; reefers; car haulers; grapple trucks; box trucks; dump trucks; tankers; concrete mixers; winch tractors; or custom haulers rumbling alongside 4-wheelers on the Indiana Toll Road.
Within the Hoosier State, an amazing variety of shipments may be picked up, loaded, shared, or dropped on tractor-trailers, 18-wheelers, semis, or big rigs that involve a number of Indiana companies, such as:
- Amazon; Home Depot; Target; and Walmart are all retailers that may have trucks carrying intermodal containers filled with their consumer goods moving along the Indiana Toll Road;
- Archer Daniels Midland; Cargill, and CHS Inc. may have big rigs carrying their bulk agricultural products along the Indiana Toll Road;
- Caterpillar, Inc.; John Deere and Vulcan may use the Indiana Toll Road as their commercial trucks move industrial goods like construction materials and heavy machinery on flatbeds or intermodal containers; and
- Sysco Corporation and Tyson Foods may have refrigerated trucks or tankers moving perishable food products or haz mat (chemicals, etc.) along the Indiana Toll Road.
Each of these types of specialized cargo loads comes with its own set of hazards and dangers in transport. The risk of injury faces not just the trucker and rig occupants, but all those that share the roads with them.
Risks of Commercial Truck Accidents on the Indiana Toll Road
Each large truck crash must be given individual respect and consideration. Semi-truck accidents are complicated and often result in catastrophic or deadly injuries. There will likely be several independent investigations into the causes of the truck crash, undertaken not only by law enforcement and government regulators, but by insurance adjusters and accident reconstruction experts acting on behalf of the crash victims.
Nevertheless, safety agencies and advocates for truck crash victims and their loved ones have come to recognize a pattern in these accidents, where liability lies in repeated breaches of duties in safety and care that often involve the following:
Road Failures and Infrastructure Deterioration
The age of the Indiana Toll Road is a concern. Not only is its initial, old school design not compatible with the advanced trucking industry we have today (think size and weight alone) but poor road conditions like uneven road surfaces or potholes can cause a terrible crash when a big rig is involved.
Road Work Construction Zones
Fixing problems and revitalizing the Indiana Toll Road is important. Things like updating its bridges, for instance, are being done. However, during this process the road work construction zones become a high-risk area for truckers, rig occupants, and all those driving the Indiana Toll Road.
Failure to Inspect, Maintain, or Repair the Trucks
These huge vehicles, both the tractor and the trailer, are complicated. Experts are needed not only to repair components but to inspect each aspect of the rig. Failure to inspect, to keep up with parts and recalls, and to replace things as needed, are all too often the cause of tragic semi-truck crashes.
Wrong-Way Drivers on the Indiana Toll Road
A sad reality is that all too often, serious accidents happen on the Indiana Toll Road because of its design or warning protocols. Drivers misjudging entry points will enter the toll road the wrong way, with disastrous consequences. Read, “Indiana Toll Road Expands Wrong-Way Driver Detection and Alert System,” published by Indiana Toll Road on January 31, 2023.
Weather Conditions on the Indiana Toll Road
The winters of northwest Indiana are notorious for being harsh and even horrific. Snow, sleet, ice, and high winds can all pose serious threats to the big rigs moving along the route. So much so, that there are occasions where semi-trucks are banned from driving on the Indiana Toll Road. Read, “Indiana Toll Road issues winter weather ban on large semi-trailers,” written by Matt Gotsch and published by WNDU on January 12, 2023.
Injury Claims After Commercial Truck Crashes on Indiana Toll Road
For victims of semi-truck crashes, seeking justice under state and federal law is more complicated than in a car accident where a large commercial vehicle is not involved. Some may be able to seek relief under worker’s compensation laws while investigating third party personal injury claims.
Personal injury laws based upon aspects of negligence, as well as premises liability; defective products; product liability; and more may allow for damages that cover things like medical care; future medical expenses; rehabilitation costs; psychological treatment; pain and suffering; lost wages; lost earning capacity; loss of consortium; and more.
The accident victim advocates and accident reconstruction experts may be able to find a number of companies and individuals whose breaches of various duties contributed to the tragedy. Investigations of facts, combined with legal research, may discover legal liability involving parties that include:
- truck owner,
- truck manufacturer,
- loaders,
- brokers,
- shippers,
- companies handling repair and upkeep,
- manufacturers of warning signs or labels,
- construction companies or contractors,
- property owners,
- drivers who were speeding,
- drivers who were under the influence,
- drivers who were driving aggressively,
- motor carriers who failed to properly hire the driver,
- motor carriers who failed to properly train the driver, and
- motor carriers who failed to properly supervise the driver.
For more, read:
- Negligent Training of Truck Drivers as Basis for Truck Crash Injury Claim
- Shifting Loads and Unstable Cargo: Dangerous Causes for Semi-Truck Crashes
- When Defective Products or Manufacturing Mistakes Cause Fatal Semi-Truck Crashes
- Black Box Data in Semi-Truck Crashes: The Importance of EDR Evidence
- Liability for Chicago Semi-Truck Crashes Other Than the Trucker or the Carrier.
The Indiana Toll Road is a busy, historic, and intrinsic part of the Hoosier State. It is also filled with large truck traffic that brings specific risks to all who drive this roadway. Please be careful out there!
