All freight has to move either by air, rail, water, or roadway. The amount of daily freight movement in the United States is staggering to contemplate in both tonnage and monetary value. According to the Bureau of Labor Statistics:
In 2023, the U.S. transportation system moved a daily average of about 55.5 million tons of freight valued at more than $51.2 billion. This is equivalent to approximately 20.2 billion tons or $18.7 trillion dollars of freight moved annually.
Indiana is an integral contributor to this amazing movement of goods each day. Heralding the Hoosier State as the “Best Global Access to the Midwest,” with “unmatched access to big industry,” the Ports of Indiana are an international leader in freight movement with locations in northern Indiana’s Burns Harbor on Lake Michigan; as well as Jeffersonville on the Ohio/Mississippi river system; and Mount Vernon, located on the Ohio River in Southwest Indiana.
Trucking is arguably the biggest player in freight here in the “Crossroads of America,” with so many truck routes allowing fast shipping and distribution throughout the country and the world.
Consider the following:
- Mount Vernon offers freight trucks access through I-64, I-69, Indiana 62, and Indiana 69, as a “direct connection to key trade route stretching from Canada to Mexico;”
- Burns Harbor offers the Michigan Train Truck Corridor as well as direct access to I-80; I-90; I-94; I-65; I-57; Indiana 12; and Indiana 20; and
- Jeffersonville offers direct access to I-64; I-65; and I-71 via I-265 as well as to key manufacturing and distribution hubs in neighboring Louisville, Kentucky.
For more, see the Map of Major Freight Flow by Trucks that Pass-Through the State of Indiana published by The Federal Highway Administration Freight Management and Operation.
Obviously, there are a lot of companies, corporations, and individuals involved in these things. It takes a lot more than a ready and willing trucking company or owner-operator offering large trucks for transport to make these logistics work. And each of these players will share duties of safety and care to protect against truck crashes on Indiana roadways.
Third Party Liability for Commercial Truck Crashes in Indiana
Each trucking accident is unique and must be investigated and analyzed individually. All sorts of things can go wrong, with there being one single reason for a horrific truck crash or a number of factors that acted in tandem to create a tragic scenario where people were hurt or killed in a large truck accident. Read, Liability for Chicago Semi-Truck Crashes Other Than the Trucker or the Carrier; and Trucking Companies, Owner-Operators Liability in Indiana Truck Accidents.
During these truck crash investigations, experts may find evidence that one or more third parties (outside of the trucker or the trucking company) failed to exercise certain duties of care that create liability for damages sustained by the truck crash victims and their loved ones.
They include:
1. Broker
A freight broker is in the business of connecting shipments of freight between shippers and carriers. If the broker was negligent in selection of the operator, for instance not checking the past record or reputation of the trucking company, then there may be legal liability. See, Accidents on the Job in Intermodal Transportation in Indiana and Illinois.
2. Dispatcher
Any entity with the duty to schedule or monitor the truck drivers, especially independent dispatch services, may be legally liable for any truck crash caused by things like poor scheduling or pushing a tired trucker to keep driving even though the driver is fatigued. See, Sleepy, Tired, Fatigued, Exhausted Drivers: Brain Function and Motor Vehicle Accidents.
3. Forwarder
Some companies are in the business of logistics, doing things like arranging the transport with route planning, needed documentation, and more. If they fail in their liaison duties (like a mistake in routing a heavy truck on a dangerous roadway or bridge), then they may be liable under certain circumstances. See, Extra Heavy Duty Highways in Northwest Indiana and Risk of Truck Accidents.
4. Manufacturer of Truck Parts
Little things can cause big wrecks, and things like tires, brakes, steering components, etc. must be designed for the hard use they will face on a commercial freight truck as well as manufactured with care. Failures or flaws in design or manufacturer of any truck part can form the basis of a defective product liability claim against those responsible for its development and manufacture. See, Tire Blowouts and Semi-Truck Crashes in Chicagoland.
5. Other Drivers on the Road
Truck crashes can be caused by other motorists, especially those without sufficient knowledge or awareness of how dangerous it is to share traffic lanes with these monoliths. Driving too close to a big rig, for instance, can be disastrous for many vehicles on a truck route. See, Blind Spots and Fatal Semi-Truck Accidents.
6. Owner of Leased Truck or Trailer
Some of these commercial trucks are leased to those in the business of freight transport. These owners retain the responsibility to make sure their property is in safe working order before the rig is driven on Indiana truck routes. Failure to do so may mean legal liability for damages in any resulting crash. See, Fatal Truck Crashes and Semi Truck Brake Failures.
7. Repair or Maintenance Service Company
Some companies make their money by providing repair or maintenance services to these huge trucks. They may drive to the location of the rig to fix something or to do upkeep. If they fail in their job, then this may be a wrongful act for which the company will be legally accountable if a truck crash results. Read, Chicago Truck Accidents: Liability after Serious Chicagoland Semi-Truck Crash
8. Road Work Contractor
Throughout Indiana, there are road work zones that freight trucks have to navigate. It is a dangerous place to be for any big rig. If those responsible for the road construction, including the design; signage; warnings; flagging; construction work; etc., fail in their duties, then they may be liable for any truck crash they have caused. See, Dangerous Combination in Chicago: Semi-Truck Traffic and Road Construction Work Zone and Indiana Toll Road: Truck Crash Dangers in Northern Indiana.
9. Shipper
This is the owner of the freight being moved by the truck. The shipper may also load the cargo onto the truck. If the freight is dangerous (think hazardous materials), or if the loading is flawed (freight is not properly secured on the rig), then the shipper can be held liable. Read, Shifting Loads and Unstable Cargo: Dangerous Causes for Semi-Truck Crashes; and Haz Mat Semi-Truck Accidents in Indiana and Illinois: The Dangers of Hazardous Materials Being Hauled on our Roadways.
10. Warehouse and Loading Dock Operator
Putting freight onto the commercial truck, as well as taking it off the rig, is very important for safety reasons. Failures in loading or unloading of freight, including things like overloading or failing to secure things right, can result in legal liability for those in possession, custody, or control of the loading dock and the warehouse. See, Shifting Loads and Unstable Cargo: Dangerous Causes for Semi-Truck Crashes.
Truck Crash Claims : Different Parties Responsible for Indiana Truck Accident
Victims of a large commercial truck accident anywhere in the State of Indiana have been given protections under state law and federal regulations that provide avenues for justice for the accident victims and certain family members. These truck crash victims have the right to undertake their own investigation, which is usually done with their team of accident reconstruction experts and legal advocates.
The experts in how trucks work (tires, steering), as well as how freight is moved (loaded, manufactured, stored, etc.) and how the industry works (deadline pressures, lack of truck parking, truck route specifics), will take all the facts they have discovered and compile an expert opinion which will explain not only what happened in the particular truck crash, but the specific parties who caused it. The legal advocates can then apply statutes and case law precedent to establish legal liabilities and determine the damages afforded by the law. These investigations may reveal that more than one party is responsible for causing the truck crash.
For more, read: Semi-Truck Crashes: Who Can Be Held Legally Responsible for Commercial Trucking Accidents in Indiana and Illinois? And Different Types of Fatal Semi-Truck Accidents and Tractor-Trailer Crashes.
There is a huge amount of freight moving by truck each and every day through the Hoosier State. The risk of a serious or deadly truck crash is much higher here than in other parts of the country. Freight transportation through the Hoosier State is vital for our country and the world, but it comes with great risks for Hoosiers and others on the Indiana truck routes. Please be careful out there!
