Indiana Truck Accident Laws
In Indiana you generally have two years to file a truck accident lawsuit. Indiana uses modified comparative fault, barring recovery if you are more than 50% at fault. Claims against local government bodies need a written notice within 180 days, so check whether a public vehicle or road defect was involved.
How long do you have to file in Indiana?
Generally two years from the crash for personal injury (Ind. Code 34-11-2-4). Under the Indiana Tort Claims Act, a notice of claim must be filed within 180 days for claims against political subdivisions such as cities and counties, and within 270 days for claims against the state (Ind. Code 34-13-3-8 and 34-13-3-6).
How does fault work in Indiana?
Indiana's Comparative Fault Act bars recovery if your fault is greater than the combined fault of everyone else, meaning more than 50% (Ind. Code 34-51-2-6). Otherwise, your compensation is reduced by your share.
Where do Indiana truck crashes happen?
Indiana's motto is 'The Crossroads of America', and more interstates meet in the state than almost anywhere else. I-65 and I-69 run north-south, I-70 and I-74 cross Indianapolis, and the Indiana Toll Road (I-80/90) and I-94 carry freight between Chicago and the East. Northwest Indiana's industrial corridor generates heavy local truck traffic.
Frequently asked questions
What is the statute of limitations for a truck accident in Indiana?
Generally two years from the crash under Ind. Code 34-11-2-4.
Can I recover in Indiana if I was partly at fault?
Yes, as long as you were not more than 50% at fault. Your compensation is reduced by your share of fault.
What if a city or county vehicle hit me in Indiana?
You must file a notice of tort claim within 180 days for claims against political subdivisions, or 270 days for claims against the state.
Which Indiana highways have the most truck traffic?
I-65, I-69, I-70, I-74, I-94 and the Indiana Toll Road (I-80/90) are the main freight corridors.
Does federal trucking law apply in Indiana?
Yes. FMCSA rules apply to interstate trucks everywhere, and Indiana has adopted federal safety rules for many intrastate carriers too.