18-Wheeler Accident Attorneys in Elkhart County, Indiana

When the Unthinkable Happens on Elkhart County Roads, We Fight Back

You were driving through Elkhart County—maybe heading east toward the Indiana Toll Road, south toward US-33, or navigating the busy corridors near Goshen or Elkhart—when everything changed. An 80,000-pound commercial truck changed your life in an instant. The medical bills are mounting. The trucking company’s insurance adjuster is already calling. And you’re wondering how you’ll ever put your life back together.

We’re Attorney911, and we’ve spent over 25 years helping victims just like you across the country. Our managing partner, Ralph Manginello, has recovered multi-million dollar settlements for catastrophic injury victims, and our team includes former insurance defense attorney Lupe Peña, who knows exactly how trucking insurers try to minimize your claim. When you’re facing the aftermath of an 18-wheeler crash in Elkhart County, you need a firm that treats you like family—not like a case number.

Call us now at 1-888-ATTY-911 for a free consultation. We answer calls 24/7, and you pay nothing unless we win.

The Crushing Reality of 18-Wheeler Accidents in Elkhart County

Elkhart County sits at the crossroads of major freight corridors. Interstate 80 and Interstate 90—the Indiana Toll Road—cut straight through the northern part of the county, carrying thousands of commercial trucks daily between Chicago and Ohio. US-31, US-33, and State Road 15 serve as vital arteries connecting the RV manufacturing plants, distribution centers, and agricultural operations that drive our local economy.

But with that heavy freight traffic comes devastating risk. A fully loaded semi-truck weighs up to 80,000 pounds—twenty times the weight of your average passenger vehicle. When an 18-wheeler loses control on the Toll Road during an Indiana winter storm, or when a fatigued driver drifts across the centerline on US-20, the results are catastrophic.

We’ve seen what happens when trucking companies cut corners. Brake systems fail because maintenance was deferred. Drivers fall asleep at the wheel after violating federal hours-of-service regulations. Cargo shifts because loading companies in Elkhart’s industrial parks didn’t secure the load properly. And every single time, it’s innocent families in Elkhart County who pay the price.

The Physics Behind the Devastation

The physics of an 18-wheeler accident are brutal and unforgiving. A truck traveling at 65 miles per hour needs approximately 525 feet to stop—that’s nearly two football fields. In contrast, your passenger vehicle needs about 300 feet. That extra 225 feet means that when a trucker is distracted, fatigued, or driving too fast for conditions, they simply cannot stop in time to avoid a collision.

When that 80,000-pound mass collides with a 4,000-pound car, the energy transfer is devastating. The force of impact can cause immediate traumatic brain injury, spinal cord damage, or death. Vehicle occupants often suffer crushing injuries when the passenger compartment collapses under the massive weight of the truck.

In Elkhart County, we see these accidents happen with frightening regularity on the Toll Road ramps, at the busy intersections near the RV plants, and on rural stretches of highway where truckers push their speed limits. As client Glenda Walker told us after we handled her trucking accident case, “They fought for me to get every dime I deserved.”

Types of 18-Wheeler Accidents We Handle in Elkhart County

Jackknife Accidents

A jackknife occurs when the trailer swings out perpendicular to the cab, creating a deadly angle that blocks multiple lanes of traffic. These accidents are particularly common on I-80/I-90 during Indiana’s harsh winters, when sudden braking on icy roads causes the trailer to skid. Under 49 CFR § 392.6, truckers must adjust their speed for weather conditions. When they fail to do so on the Toll Road, we hold them accountable.

Evidence we gather in jackknife cases includes ECM data showing the truck’s speed at the time of the incident, brake inspection records proving deferred maintenance, and weather data from the Elkhart County area showing the hazardous conditions the driver ignored.

Rollover Accidents

Given Elkhart County’s position near the Great Lakes, our area sees significant lake-effect snow and high winds—conditions that contribute to rollover accidents. When a trucker takes a curve too quickly on the interchange between the Toll Road and US-31, or when improperly secured cargo shifts during transit through the rolling northern Indiana terrain, the truck can roll, crushing anything in its path.

Under 49 CFR § 393.100-136, cargo must be properly secured to prevent shifting that affects vehicle stability. We investigate bills of lading, loading company records from Elkhart distribution centers, and cargo securement procedures to prove negligence.

Underride Collisions

These are among the most fatal types of trucking accidents. When a smaller vehicle crashes into the rear or side of a trailer and slides underneath, the top of the passenger compartment is often sheared off. While 49 CFR § 393.86 requires rear impact guards on trailers manufactured after January 26, 1998, these guards often fail or are improperly maintained.

We’ve handled cases involving underride accidents on US-20 and State Road 15 where the lack of proper underride guards or reflective tape contributed to nighttime collisions. These cases often result in decapitation or catastrophic head injuries, and we pursue every liable party—including the trucking company, trailer manufacturer, and maintenance providers.

Rear-End Collisions

Following too closely is a violation of 49 CFR § 392.11, which requires truckers to maintain a safe following distance. When an 18-wheeler rear-ends a passenger vehicle in stop-and-go traffic on the Toll Road or at a red light in Elkhart, the massive weight difference causes devastating injuries.

We download the truck’s ECM data to prove the driver failed to brake in time, and we subpoena the driver’s cell phone records to check for distracted driving violations under 49 CFR § 392.82, which prohibits hand-held mobile device use while driving.

Wide Turn Accidents (“Squeeze Play”)

Elkhart County’s narrow rural roads and tight intersections in towns like Middlebury and Shipshewana create dangerous conditions for wide turns. When a truck swings left to make a right turn, unsuspecting drivers often enter the gap, only to be crushed when the truck completes its turn.

These accidents often involve violations of 49 CFR § 392.11 (unsafe lane changes) and failure to signal intentions properly. We work with accident reconstruction experts to analyze the turn geometry and prove the driver failed to check blind spots or signal properly.

Blind Spot Accidents (“No-Zone” Crashes)

An 18-wheeler has massive blind spots on all four sides—20 feet in front, 30 feet behind, and significant areas on both sides. When truckers change lanes on the Toll Road without properly checking these “no-zones,” they sideswipe passenger vehicles, often pushing them into other lanes or guardrails.

Under 49 CFR § 393.80, trucks must have proper mirrors providing a clear view to the rear. We investigate whether mirrors were properly adjusted and whether the driver received adequate training on blind spot awareness—a common failure in cases we see involving drivers hired by Elkhart County trucking operations.

Tire Blowout Accidents

The extreme temperature variations in northern Indiana—from summer heat to winter cold—contribute to tire degradation. When a truck tire blows out on I-80, the driver often loses control, causing the vehicle to jackknife or cross into oncoming traffic.

49 CFR § 393.75 mandates minimum tread depths and tire condition standards. We examine maintenance records to prove the trucking company knew or should have known about worn tires, and we analyze the failed tire for manufacturing defects that may implicate the parts manufacturer.

Brake Failure Accidents

Brake problems factor into approximately 29% of large truck crashes. When an 18-wheeler’s brakes fail on the steep grades of the Toll Road or during heavy traffic in Elkhart, the results are catastrophic multi-vehicle pileups.

49 CFR § 393.48 and § 396.3 require systematic brake maintenance and inspection. We subpoena maintenance records, driver vehicle inspection reports (DVIRs), and post-accident brake system analyses to prove the carrier deferred critical safety maintenance to save money.

Cargo Spill and Shift Accidents

Elkhart County is known as the RV and manufactured housing capital of the world, meaning our roads see heavy loads of building materials, automotive parts, and manufactured homes. When these loads aren’t properly secured under 49 CFR § 393.100, they can spill onto the Toll Road or shift during transport, causing the driver to lose control or creating deadly obstacles for other motorists.

We investigate the loading company, cargo owner, and driver to determine who failed to properly secure the load, and we pursue claims against all responsible parties.

Head-On Collisions

When a fatigued or distracted trucker drifts across the centerline on US-33 or State Road 19, the resulting head-on collision is often fatal. These accidents frequently involve hours-of-service violations under 49 CFR § 395.3, where drivers have been on the road for more than 11 hours or beyond their 14-hour duty window.

ELD (Electronic Logging Device) data, required under 49 CFR § 395.8, becomes crucial evidence in these cases, proving the driver was operating illegally when they crossed into your lane.

Federal Regulations That Protect You—and How Trucking Companies Break Them

The Federal Motor Carrier Safety Administration (FMCSA) maintains strict regulations governing commercial trucking. When trucking companies operating in Elkhart County violate these rules, they create deadly conditions on our roads.

Part 391: Driver Qualification Standards

Before any driver can operate a commercial vehicle, they must maintain a Driver Qualification (DQ) File containing:

• Medical examiner’s certificates (valid for maximum 2 years under § 391.41)
• Driving record checks from state licensing authorities
• Previous employer inquiries for the past 3 years
• Road test certifications

We routinely subpoena these files and find that trucking companies hiring drivers to run the Toll Road through Elkhart County failed to check criminal histories, ignored positive drug tests, or hired drivers without valid CDLs. This constitutes negligent hiring under Indiana law, and it makes the trucking company directly liable for your injuries.

Part 392: Safe Driving Rules

§ 392.3 prohibits operating while fatigued or ill. § 392.5 bans alcohol use within 4 hours of driving. § 392.82 prohibits texting and hand-held phone use. When we pull the driver’s cell phone records and find texts sent minutes before the crash on US-20, or when we discover the driver had been on duty for 16 hours straight, we prove violations that establish negligence as a matter of law.

Part 393: Vehicle Maintenance and Cargo Securement

From brake systems (§ 393.40-55) to lighting (§ 393.11) to cargo securement (§ 393.100), these regulations exist to keep you safe. When a trailer’s lights aren’t working on a dark stretch of the Toll Road at 2 AM, or when straps securing an RV frame break because they didn’t meet the working load limits required by federal law, we prove the violation and establish liability.

Part 395: Hours of Service (The Most Violated Regulation)

The 11-hour driving limit, 14-hour duty window, and mandatory 30-minute break after 8 hours of driving are often ignored by drivers under pressure to meet tight delivery schedules. Since December 18, 2017, ELDs have tracked this data automatically, making it harder for drivers to falsify paper logs—but some still find ways to cheat the system.

Critical Evidence Alert: ELD data can be overwritten in as little as 30 days. If you wait to call an attorney, this evidence may be lost forever. We send spoliation letters within 24 hours of being retained to preserve this data.

Part 396: Inspection and Maintenance

Every truck must pass an annual inspection (§ 396.17), and drivers must conduct pre-trip inspections (§ 396.13). Post-trip reports (§ 396.11) must document any defects. When we find that a driver noted “brake problems” on a report but the company sent the truck out anyway, we prove systemic negligence that warrants punitive damages.

Who Can Be Held Liable for Your Injuries?

Unlike car accidents where typically only one driver is at fault, 18-wheeler accidents often involve multiple liable parties. We investigate and pursue claims against every entity responsible for putting that dangerous truck on Elkhart County roads.

1. The Truck Driver

The driver who caused the accident may be personally liable for negligent driving, distracted driving, or impaired operation. However, individual drivers rarely carry sufficient insurance to cover catastrophic injuries.

2. The Trucking Company (Motor Carrier)

Under the doctrine of respondeat superior, employers are responsible for their employees’ negligent acts committed within the scope of employment. Additionally, trucking companies are directly liable for:

• Negligent Hiring: Failing to verify CDLs, check driving histories, or confirm medical certifications
• Negligent Training: Inadequate safety training on hazardous weather conditions common to northern Indiana
• Negligent Supervision: Failure to monitor ELD compliance and enforce hours-of-service rules
• Negligent Maintenance: Deferring brake repairs or tire replacements to save money

Trucking companies operating in Elkhart County carry federal minimum insurance of $750,000 for general freight, $1 million for oil and equipment, and $5 million for hazardous materials—far more than individual auto policies.

3. The Cargo Owner/Shipper

Companies shipping RV parts, manufactured home components, or agricultural products through Elkhart County may be liable if they required unsafe loading, pressured drivers to violate hours-of-service rules to meet delivery deadlines, or failed to disclose hazardous cargo.

4. The Loading Company

Third-party warehouses and distribution centers in Elkhart that load cargo onto trucks may be liable for improper securement under 49 CFR § 393.100. We examine loading procedures, tiedown specifications, and weight distribution documents.

5. Truck and Parts Manufacturers

When brake systems fail due to design defects, tires blow out due to manufacturing flaws, or steering mechanisms malfunction, we pursue product liability claims against manufacturers. These cases often involve recalls and technical service bulletins that the trucking company ignored.

6. Maintenance Companies

Independent repair shops servicing trucks in Elkhart County may be liable for negligent repairs—such as improper brake adjustments or installing substandard parts—that contribute to accidents.

7. Freight Brokers

Brokers who arrange transportation but don’t own trucks may be liable for negligent carrier selection—hiring a trucking company with a poor safety record, failed DOT inspections, or a history of hours-of-service violations.

8. The Truck Owner (If Different from Driver/Company)

In owner-operator situations, the individual or entity owning the truck may be liable for negligent entrustment or failure to maintain the vehicle.

9. Government Entities

When dangerous road design, inadequate signage, or failure to maintain highways contributes to accidents on state routes or county roads in Elkhart County, we pursue claims against government entities—subject to Indiana’s Tort Claims Act limitations and strict notice requirements (often as short as 180 days for claims against governmental entities).

The 48-Hour Evidence Preservtion Imperative

Here’s what the trucking company doesn’t want you to know: they’re already building their defense. Within hours of an accident on the Toll Road, rapid-response teams descend on the scene. Their lawyers arrive before the ambulance leaves. They’re taking photos, interviewing witnesses, and downloading data from the truck’s black box while you’re still in the hospital.

Critical timeline threats:

• ECM/Black Box Data: Can be overwritten in 30 days or less
• ELD Data: FMCSA only requires 6 months retention, but some systems overwrite sooner
• Dashcam Footage: Often deleted within 7-14 days
• Surveillance Video: Nearby businesses typically overwrite in 7-30 days
• Witness Memories: Fade significantly within weeks
• Physical Evidence: Trucks may be repaired, sold, or scrapped

We send spoliation letters immediately—within 24 hours of being retained—to put the trucking company on notice that destroying evidence will result in severe legal sanctions, including adverse inference jury instructions and monetary penalties.

Catastrophic Injuries Require Catastrophic Resources

The injuries sustained in 18-wheeler accidents often require lifetime care. We understand the medical, emotional, and financial devastation you’re experiencing because we’ve helped hundreds of families through this nightmare.

Traumatic Brain Injury ($1.5 Million – $9.8 Million Settlement Range)

From concussions to severe TBIs causing permanent cognitive impairment, these injuries affect memory, concentration, personality, and the ability to work. Our firm has recovered over $5 million for a traumatic brain injury victim struck by a falling log, and we bring that expertise to trucking cases involving head trauma.

Spinal Cord Injury ($4.7 Million – $25.8 Million Settlement Range)

Paralysis—whether paraplegia or quadriplegia—requires wheelchairs, home modifications, ongoing medical care, and loss of earning capacity. These are among the most expensive injuries to treat over a lifetime.

Amputation ($1.9 Million – $8.6 Million Settlement Range)

Whether traumatic (severed at the scene) or surgical (required due to crushing injuries), amputations require prosthetics ($5,000-$50,000 each, with replacements needed throughout life), physical therapy, and psychological counseling. We secured $3.8 million for a client who lost a limb after a car crash, and we fight for similar recoveries in trucking amputation cases.

Severe Burns

Fuel tank ruptures and hazmat spills on the Toll Road can cause third and fourth-degree burns requiring multiple skin grafts, reconstructive surgeries, and treatment for chronic pain and infection.

Wrongful Death ($1.9 Million – $9.5 Million Settlement Range)

When a trucking accident takes a loved one, surviving family members may recover under Indiana’s Wrongful Death Statute. Damages include lost future income, loss of consortium, mental anguish, funeral expenses, and in cases of gross negligence, punitive damages.

As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Indiana Law: What You Need to Know

Statute of Limitations

In Indiana, you have two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the personal representative of the estate has two years from the date of death. Wait longer, and you lose your right to recover forever—no matter how severe your injuries.

Comparative Fault: The 51% Bar Rule

Indiana follows a modified comparative negligence rule. You can recover damages if you are 50% or less at fault for the accident. However, your recovery is reduced by your percentage of fault. If you’re found 20% at fault, you recover 80% of your damages. If you’re 51% or more at fault, you recover nothing.

This makes evidence preservation critical. The trucking company will try to blame you. We gather ECM data, ELD logs, and witness statements to prove the truck driver was 100% at fault.

Damage Caps

Indiana places a cap of $700,000 on damages against governmental entities (with exceptions for medical malpractice). However, there is no cap on damages against private trucking companies, and no cap on economic damages (medical bills, lost wages) in most cases. Punitive damages are capped at the greater of three times compensatory damages or $50,000 under Indiana Code § 34-51-3-4.

Fighting Insurance Companies: We’re the Firm Insurers Fear

Trucking companies and their insurers have teams of lawyers whose only job is to pay you as little as possible. They use tactics like:

• Quick Lowball Offers: Paying you before you know the full extent of your injuries
• Recorded Statements: Getting you to say something they can use against you
• Surveillance: Hiring investigators to film you and claim you’re not really injured
• Delay Tactics: Dragging out the case hoping you’ll accept less out of desperation

Here’s your advantage: our associate attorney Lupe Peña used to work for insurance companies. He defended trucking insurers before joining our firm. He knows their playbook—their evaluation software, their negotiation tactics, their “deny, delay, defend” strategy. Now he uses that insider knowledge to fight for you.

As Donald Wilcox told us after we took his case another firm rejected, “One company said they would not accept my case. Then I got a call from Manginello… I got a call to come pick up this handsome check.”

Frequently Asked Questions About 18-Wheeler Accidents in Elkhart County

What should I do immediately after a truck accident on the Toll Road?
Call 911 immediately. Seek medical attention even if you feel fine—adrenaline masks pain. Document the scene with photos, get the truck’s DOT number and company information, collect witness contacts, and call Attorney911 at 1-888-ATTY-911 before speaking to any insurance adjuster.

How long do I have to file a lawsuit in Indiana?
Two years from the accident date. But waiting is dangerous—evidence disappears and witnesses forget. Contact us immediately so we can send spoliation letters to preserve black box data.

Can I recover if I was partially at fault?
Yes, under Indiana’s modified comparative negligence rule, as long as you were 50% or less at fault. Your recovery is reduced by your percentage of fault, but you can still receive substantial compensation.

What is a spoliation letter, and why does it matter?
It’s a legal notice demanding the trucking company preserve all evidence. Without it, the truck’s black box data, maintenance records, and driver logs could be destroyed. We send these within 24 hours of being retained.

How much is my case worth?
It depends on injury severity, medical costs, lost wages, pain and suffering, and available insurance. Trucking cases often settle for $500,000 to several million dollars due to the higher insurance limits ($750,000 to $5 million). We’ve recovered over $50 million total for our clients across all practice areas.

Will my case go to trial?
Most settle, but we prepare every case for trial. Insurance companies offer better settlements when they know your attorney is willing to go to court. Ralph Manginello’s 25+ years of trial experience gives us leverage in negotiations.

What if the truck driver was an independent contractor, not an employee?
We sue both the driver and the trucking company under theories of negligent hiring, supervision, and vicarious liability. Additionally, federal regulations may still hold the motor carrier responsible.

Can undocumented immigrants file claims?
Yes. Immigration status does not affect your right to compensation for injuries caused by someone else’s negligence. Hablamos Español—llame a Lupe Peña al 1-888-ATTY-911.

What if the trucking company is from out of state?
Federal courts have jurisdiction over interstate trucking cases, and Ralph Manginello is admitted to practice in federal court (Southern District of Texas). We can pursue claims against carriers from Illinois, Ohio, or anywhere in the country.

Why Choose Attorney911 for Your Elkhart County Trucking Accident

Real Trial Experience: Ralph Manginello has been fighting for injury victims since 1998. He’s admitted to federal court and has litigated against Fortune 500 companies like BP in the Texas City Refinery explosion case.

Former Insurance Defense Insider: Lupe Peña spent years defending insurance companies. He knows exactly how they evaluate claims and he uses that knowledge to maximize your recovery.

Multi-Million Dollar Results: We’ve recovered $5+ million for a traumatic brain injury, $3.8+ million for an amputation case, and $2.5+ million in truck crash settlements. Currently, we’re litigating a $10 million hazing lawsuit against the University of Houston, demonstrating our ability to handle complex, high-stakes litigation.

Spanish Language Services: Lupe Peña is fluent in Spanish. No interpreters needed—just direct, clear communication with your attorney.

Three Office Locations: While we’re based in Texas with offices in Houston, Austin, and Beaumont, we handle trucking accident cases nationwide, including throughout Indiana and Elkhart County. Our federal court admission allows us to represent you regardless of where the trucking company is based.

Family Treatment: As client Ernest Cano said, “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.” We treat you like family, not a case number.

Contingency Fee: You pay nothing unless we win. We advance all investigation costs and expert fees. Zero upfront costs—ever.

Call Now: Evidence Is Disappearing Every Hour You Wait

The trucking company has lawyers working right now to protect their interests. They have accident reconstruction experts, insurance adjusters, and rapid-response teams. What do you have?

You have Attorney911. And we’re ready to fight.

Call 1-888-ATTY-911 (1-888-288-9911) right now. We answer calls 24/7. We’ll come to you in Elkhart County, meet you at the hospital, or arrange a virtual consultation. The call is free, the consultation is free, and you pay nothing unless we win.

Or email ralph@atty911.com or lupe@atty911.com.

Hablamos Español. Llame al 1-888-ATTY-911.

Don’t let the trucking company win. Don’t settle for less than you deserve. And don’t wait—because every hour that passes, evidence is being deleted, overwritten, or destroyed.

Your fight starts with one call. 1-888-ATTY-911.

Attorney911 – The Manginello Law Firm, PLLC
Houston | Austin | Beaumont
Serving 18-Wheeler Accident Victims in Elkhart County, Indiana and Nationwide

Disclaimer: The information on this page is for educational purposes only and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Contact us directly to discuss the specifics of your situation.