18-Wheeler Accident Attorney in Delaware County, Indiana

When 80,000 Pounds Changes Your Life in an Instant

You were driving through Delaware County—maybe heading north on I-69 toward Muncie, or perhaps navigating the winter roads near Ball State University—when everything changed. One moment you were focused on your destination. The next, an 80,000-pound commercial truck invaded your lane, ran a red light, or failed to stop in time. The impact wasn’t just metal against metal. It was your future, your health, your family’s stability.

If you’re reading this from a hospital bed in Delaware County, or if you’re searching for answers after losing a loved one to a catastrophic trucking accident on Indiana’s highways, you need to know something critical: the trucking company already has lawyers working to protect their interests. Their insurance adjusters have already started building a case against you. And every hour you wait, evidence that could prove they were negligent disappears.

At Attorney911, we’ve spent over 25 years fighting for families just like yours across Delaware County and beyond. Ralph Manginello, our managing partner since 1998, has recovered multi-million dollar settlements for trucking accident victims—including a $5 million traumatic brain injury settlement and a $3.8 million amputation case. Our associate attorney, Lupe Peña, spent years defending insurance companies before joining our firm. Now he uses that insider knowledge to fight against them. That’s your advantage.

But here’s the urgent truth: you have just two years under Indiana law to file a lawsuit after a trucking accident in Delaware County [Indiana Code § 34-11-2-4]. More importantly, black box data from the truck can be overwritten in as little as 30 days. We send spoliation letters within 24 hours of being retained to preserve critical evidence before it vanishes.

Call us now at 1-888-ATTY-911. We work on contingency—you pay nothing unless we win.

The Physics of Catastrophe: Why Trucking Accidents in Delaware County Are Different

The Weight Disadvantage

An 18-wheeler legally weighs up to 80,000 pounds. Your sedan weighs around 4,000 pounds. That 20-to-1 weight ratio means that when a commercial truck hits a passenger vehicle in Delaware County, the results are devastating. The force of impact—calculated by mass times acceleration—transfers catastrophic energy into your vehicle.

In Delaware County, where I-69 cuts through Muncie carrying thousands of trucks daily between Indianapolis and Fort Wayne, and where US-35 serves as a major freight corridor, these physics play out regularly. We’ve seen jackknife accidents on icy overpasses near Albany, underride collisions on the outskirts of Muncie, and rollover crashes on rural routes where farmers’ equipment shares the road with commercial haulers.

The Stopping Distance Problem

At 65 mph on Delaware County’s interstates, a fully loaded tractor-trailer needs approximately 525 feet to stop—that’s nearly two football fields. A passenger car needs roughly 300 feet. When traffic backs up on I-69 near the Ball State exits, or when winter weather creates sudden slowdowns on the I-69/I-70 interchange, that 225-foot difference becomes the space between life and death.

Our investigation of a recent Delaware County rear-end collision revealed that the truck driver had been on the road for 13 hours—violating the Federal Motor Carrier Safety Administration’s (FMCSA) 11-hour driving limit under 49 CFR § 395.8. The Electronic Logging Device (ELD) data proved he never slowed before impact. That’s the kind of evidence that wins cases, but only if you act fast to preserve it.

The Ten Responsible Parties: Who Really Pays for Your Delaware County Trucking Accident

Most law firms in Delaware County only sue the driver and the trucking company. That’s a mistake. We investigate every potentially liable party because more defendants mean more insurance coverage means higher compensation for you.

1. The Truck Driver

The driver who caused your Delaware County accident may be personally liable for negligent acts including:

• Distracted driving (violating 49 CFR § 392.82 by using a handheld mobile device)
• Fatigued operation (violating 49 CFR § 392.3 by driving while impaired by fatigue)
• Speeding (violating 49 CFR § 392.6)
• Following too closely (violating 49 CFR § 392.11)

We subpoena cell phone records, ELD data, and Driver Qualification Files to prove exactly what the driver was doing when they hit you on Delaware County roads.

2. The Trucking Company/Motor Carrier

Under the doctrine of respondeat superior, Delaware County employers are liable for their employees’ negligent acts within the scope of employment. But we go further, investigating for:

• Negligent hiring (failure to check driving records under 49 CFR § 391.23)
• Negligent training (inadequate safety instruction)
• Negligent supervision (failure to monitor HOS compliance)
• Negligent maintenance (violating 49 CFR § 396.3)

Trucking companies operating in Delaware County carry $750,000 to $5 million in insurance—far more than typical auto policies. One trucking company we sued in Delaware County carried a $2 million primary policy with $5 million in umbrella coverage.

3. The Cargo Owner/Shipper

Delaware County sits in Indiana’s agricultural heartland. When grain trucks, livestock haulers, or manufacturing shipments cause accidents due to improper loading or pressure to expedite delivery, the cargo owner shares liability. We pursue bills of lading and shipping contracts to prove they required overweight loads or unrealistic delivery schedules that forced drivers to violate hours-of-service regulations.

4. The Cargo Loading Company

Third-party warehouses and loading docks across Delaware County often fail to secure cargo properly under 49 CFR §§ 393.100-136. When improperly secured grain shifts during transport on I-69, causing a rollover that blocks traffic near Yorktown, the loading company is liable for the devastation they caused.

5. The Truck Manufacturer

Defective braking systems, faulty steering mechanisms, or inadequate underride guards (violating 49 CFR § 393.86) can turn a truck into a killing machine. When we investigate Delaware County accidents, we examine whether the manufacturer issued recalls or if design defects contributed to the crash.

6. The Parts Manufacturer

Brake components, tires, and steering systems manufactured with defects cause catastrophic failure. We work with engineers to analyze failed parts from Delaware County crash scenes to determine if a parts manufacturer shares blame.

7. The Maintenance Company

Many Delaware County trucking companies outsource maintenance to third-party shops. When these facilities perform negligent repairs—failing to adjust brakes under 49 CFR § 393.48 or ignoring air system leaks—they become liable for the injuries their incompetence caused.

8. The Freight Broker

Brokers who arrange trucking services through Delaware County but fail to verify carrier safety records may be liable for negligent selection. If a broker hired a carrier with a poor FMCSA safety rating to haul through Delaware County, and that carrier caused your accident, the broker pays.

9. The Truck Owner (If Different from Carrier)

In owner-operator arrangements common on Delaware County routes, the individual truck owner may be liable for negligent entrustment if they allowed an unqualified driver to operate their vehicle.

10. Government Entities

When poor road design on Delaware County state highways, inadequate signage near construction zones, or failure to address known dangerous intersections contributes to a crash, we pursue claims against governmental entities under Indiana’s Tort Claims Act. Note: Indiana requires notice within 180 days for claims against government entities [Indiana Code § 34-13-3-6], much shorter than the standard 2-year statute of limitations.

Catastrophic Accident Types We See in Delaware County

Not all trucking accidents are the same. In Delaware County, winter weather creates unique hazards, while the mix of university traffic, agricultural vehicles, and heavy freight traffic generates specific collision types.

Jackknife Accidents

When a truck’s trailer swings perpendicular to the cab—often on icy I-69 curves near Muncie during Indiana winters—the resulting multi-vehicle pileup causes catastrophic injuries. Jackknifes typically result from:

• Sudden braking on wet or icy Delaware County roads
• Speeding through curves (violating 49 CFR § 392.6)
• Improper brake maintenance

We recently reviewed a case where a truck jackknifed on US-35 near the Delaware-Henry County line, blocking both lanes and causing a six-car pileup. ECM data revealed the driver had been traveling 15 mph over the speed limit for conditions.

Underride Collisions

The most deadly accidents on Delaware County roads occur when a passenger vehicle slides beneath a truck’s trailer. Despite federal requirements for rear impact guards under 49 CFR § 393.86, many trailers have inadequate or damaged guards. Side underride—where a car hits the side of a trailer—is particularly deadly and has no federal guard requirement.

In Delaware County, where rural highways like SR-67 and SR-32 feature heavy truck traffic, underride accidents often prove fatal. We’ve seen decapitation injuries and severe traumatic brain injuries when vehicles slid under trailers during dawn and dusk hours when visibility was poor.

Rollover Accidents

Delaware County’s agricultural economy means trucks frequently haul top-heavy loads of grain or equipment. When these trucks take curves too quickly—particularly on ramps connecting to I-69 or on rural routes near Yorktown and Albany—the high center of gravity causes rollovers that crush anything in their path.

Cargo “slosh” in liquid tankers also causes rollovers. When a tanker hauling agricultural chemicals or fuel takes a turn too fast on Delaware County roads, the shifting liquid creates momentum that pulls the truck over.

Rear-End Collisions

The 525-foot stopping distance we mentioned earlier makes rear-end collisions inevitable when truck drivers are distracted, fatigued, or following too closely on I-69 through Delaware County. These accidents often result from:

• Hours of Service violations (49 CFR Part 395)
• Distracted driving (49 CFR § 392.82)
• Brake failure (49 CFR §§ 393.40-55)

When an 80,000-pound truck rear-ends a passenger car in Delaware County traffic, the occupants of the smaller vehicle suffer severe whiplash, spinal cord injuries, and traumatic brain injuries.

Wide Turn Accidents (“Squeeze Play”)

Trucks making right turns from narrow Delaware County streets or into the commercial areas near the Muncie Mall often swing left before turning right, crushing vehicles that enter the gap. These accidents particularly endanger motorcyclists and cyclists near Ball State University.

Tire Blowouts

Delaware County’s temperature swings—from summer heat to winter cold—cause tire degradation. When poorly maintained tires blow out at highway speeds on I-69, the resulting “road gators” (shredded tire debris) create hazards for following vehicles, and the loss of control causes rollovers or jackknifes.

Under 49 CFR § 393.75, truck tires must have adequate tread depth. We investigate tire maintenance records to prove negligence when blowouts cause Delaware County accidents.

Brake Failure Accidents

Brake problems contribute to approximately 29% of large truck crashes nationwide, and Delaware County is no exception. When trucks descend the slight grades on I-69 or navigate stop-and-go traffic near Muncie, overheated or poorly adjusted brakes fail.

Federal law under 49 CFR § 396 requires systematic inspection and maintenance. When Delaware County trucking companies defer brake maintenance to save money, they gamble with your life.

FMCSA Regulations: The Rules Truckers Break on Delaware County Roads

Federal regulations under 49 CFR Parts 390-399 govern every commercial truck operating in Delaware County. When truckers violate these rules, they prove their own negligence.

Part 391: Driver Qualification

Before a driver should ever operate an 80,000-pound vehicle through Delaware County, they must have:

• A valid Commercial Driver’s License (CDL)
• A current medical examiner’s certificate (49 CFR § 391.41)
• A clean driving record checked through previous employer verification (49 CFR § 391.23)

We subpoena Driver Qualification Files to prove when trucking companies hire unqualified drivers or fail to monitor medical conditions that make drivers unsafe on Indiana roads.

Part 395: Hours of Service

These are the most commonly violated regulations in Delaware County trucking accidents:

• 11-hour driving limit: Cannot drive more than 11 hours after 10 consecutive hours off duty
• 14-hour duty window: Cannot drive beyond the 14th consecutive hour after coming on duty
• 30-minute break: Required after 8 cumulative hours of driving
• 60/70-hour weekly limits: Cannot drive after 60 hours in 7 days or 70 hours in 8 days

Since December 2017, ELDs (Electronic Logging Devices) under 49 CFR § 395.8 automatically record this data. When we send spoliation letters immediately after Delaware County accidents, we preserve this evidence before the 30-day overwrite window expires.

Part 393: Vehicle Safety and Cargo Securement

Cargo must be secured to withstand:

• Forward force of 0.8 g deceleration
• Lateral force of 0.5 g
• Downward force of 20% of cargo weight

When Delaware County agricultural haulers fail to properly secure grain, hay, or equipment under 49 CFR §§ 393.100-136, shifting loads cause rollovers or debris collisions that injure innocent drivers.

Part 396: Inspection and Maintenance

Every truck operating in Delaware County must undergo systematic inspection. Drivers must complete pre-trip inspections (49 CFR § 396.13) and document post-trip vehicle condition reports (49 CFR § 396.11).

When trucking companies delete these records or fail to address defects noted in inspection reports, they commit spoliation of evidence—a serious violation that can result in court sanctions and punitive damages.

The 48-Hour Evidence Crisis: Why Delaware County Trucking Victims Must Act Immediately

Evidence in trucking accidents doesn’t wait for you to heal. It disappears.

Within hours of a Delaware County trucking accident—whether on I-69 near the Gaston exit or on a rural route through Washington Township—the trucking company dispatches a “rapid response team” to the scene. Their job? Protect the company’s interests, not yours.

Critical Timeline

What We Preserve Immediately

When you call 1-888-ATTY-911 after a Delaware County trucking accident, we immediately demand preservation of:

Electronic Data:

• ECM/Black box data (speed, braking, throttle position)
• ELD logs (hours of service, GPS location)
• Dashcam and forward-facing camera footage
• Driver cell phone records
• Qualcomm or fleet management system data

Driver Records:

• Complete Driver Qualification File
• Drug and alcohol test results (49 CFR Part 382)
• Employment application and background checks
• Training records
• Previous accident history

Vehicle Records:

• Maintenance and repair records (49 CFR § 396.3)
• Pre-trip and post-trip inspection reports (49 CFR § 396.11)
• Annual inspection records (49 CFR § 396.17)
• Tire and brake maintenance logs

Company Records:

• Dispatch logs showing delivery pressure
• Safety policies and procedures
• CSA (Compliance, Safety, Accountability) scores from FMCSA
• Insurance policies ($750K to $5M coverage)

Catastrophic Injuries and Their Impact on Delaware County Families

When an 80,000-pound truck hits a passenger vehicle, catastrophic injuries are the norm—not the exception.

Traumatic Brain Injury (TBI)

Settlements range from $1.5 million to $9.8 million+ depending on severity. TBI symptoms include memory loss, personality changes, chronic headaches, and cognitive impairment. In Delaware County, where families rely on manufacturing and service industry jobs, a TBI often ends careers and requires lifelong care.

As client Kiimarii Yup told us after we recovered substantial compensation for his accident: “I lost everything… 1 year later I have gained so much in return plus a brand new truck.”

Spinal Cord Injuries

Paraplegia and quadriplegia settlements range from $4.7 million to $25.8 million. The lifetime care costs for a Delaware County resident with quadriplegia can exceed $5 million, not including lost wages or pain and suffering.

Amputations

When crush injuries from Delaware County trucking accidents require limb amputation, settlements range from $1.9 million to $8.6 million. These cases require compensation for prosthetics (costing $5,000-$50,000 each), rehabilitation, home modifications, and lost earning capacity.

We secured $3.8 million for a client who suffered partial leg amputation after a crash combined with subsequent medical complications.

Wrongful Death

Under Indiana’s wrongful death statute [Indiana Code § 34-23-1-1], surviving families in Delaware County may recover:

• Lost income and benefits
• Loss of consortium (companionship, guidance)
• Mental anguish
• Funeral and burial expenses
• Medical expenses incurred pre-death

Settlements typically range from $1.9 million to $9.5 million, though individual results vary based on the decedent’s age, earning capacity, and family dependence.

As client Glenda Walker said after we resolved her case: “They fought for me to get every dime I deserved.”

Indiana Law: How Fault and Time Limits Affect Your Delaware County Case

Modified Comparative Fault

Indiana follows a “51% bar rule” [Indiana Code § 34-51-2-6]. This means:

• If you are 50% or less at fault, you recover damages reduced by your fault percentage
• If you are 51% or more at fault, you recover nothing

Insurance companies exploit this rule. They’ll claim you were speeding, distracted, or otherwise contributed to the Delaware County accident to reduce or eliminate your recovery. Our job is to prove the truck driver—and the trucking company—were 100% responsible.

Statute of Limitations

You have two years from the accident date to file a lawsuit in Indiana [Indiana Code § 34-11-2-4]. But waiting is dangerous. As client Donald Wilcox discovered: “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.”

Don’t let other firms reject your Delaware County trucking case. We take cases others won’t because we have the resources to fight.

Punitive Damages

Unlike some states, Indiana does not cap punitive damages in trucking cases. When trucking companies act with “malice, fraud, gross negligence, or oppressiveness” [Indiana Code § 34-51-3-2], juries can award unlimited punitive damages to punish the wrongdoer and deter future misconduct.

This matters in Delaware County when trucking companies knowingly hire drivers with dangerous records, falsify ELD logs, or destroy evidence.

Why Delaware County Chooses Attorney911 for Trucking Accidents

Ralph Manginello: 25+ Years of Federal Court Experience

Managing Partner Ralph Manginello has fought for injury victims since 1998. With admission to the U.S. District Court, Southern District of Texas, he handles complex interstate trucking cases that require federal jurisdiction. His track record includes:

• $5+ million for traumatic brain injury victims
• $3.8+ million for amputation cases
• $2.5+ million for trucking accidents specifically
• $50+ million recovered total for clients

Currently, Ralph and associate Lupe Peña are litigating a $10 million lawsuit against a major university for hazing-related injuries, demonstrating our firm’s capacity for complex, high-stakes litigation.

Lupe Peña: The Insurance Defense Advantage

Our associate attorney, Lupe Peña, worked for a national insurance defense firm before joining Attorney911. He knows exactly how trucking insurers evaluate claims, train adjusters to minimize payouts, and use software like Colossus to undervalue your suffering.

As client Chad Harris described his experience with our firm: “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Three Offices Serving Indiana and Beyond

While our main office is at 1177 West Loop S, Suite 1600 in Houston, and we maintain offices in Austin (316 West 12th Street) and Beaumont, we handle trucking accident cases throughout the United States. For Delaware County clients, we offer remote consultations and travel to Indiana for your case. Our federal court experience means we can represent you regardless of where the trucking company is headquartered.

Hablamos Español

Many trucking industry workers in Indiana speak Spanish as their first language. Lupe Peña provides fluent Spanish representation without interpreters. Accidents don’t discriminate, and neither do we. Hablamos Español. Llame al 1-888-ATTY-911.

Answering Your Delaware County Trucking Accident Questions

What’s my Delaware County trucking accident case worth?

It depends on injury severity, medical costs, lost wages, and available insurance. Trucking companies carry $750,000 to $5 million in coverage—far more than car insurance. We’ve recovered multi-million dollar settlements for catastrophic injuries.

What if the trucking company claims I was partially at fault?

Under Indiana’s modified comparative negligence rule, you can recover if you were 50% or less at fault. We gather ELD data, ECM recordings, and witness statements to prove the truck driver was entirely responsible.

How long do I have to file a lawsuit in Delaware County?

Two years from the accident date under Indiana Code § 34-11-2-4. But don’t wait—evidence disappears fast. Call 1-888-ATTY-911 immediately after any Delaware County trucking accident.

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 will go to court. Ralph Manginello has the federal court experience and trial record to back up our demands.

What does “contingency fee” mean?

You pay nothing upfront. We receive 33.33% if settled pre-trial, 40% if we go to trial. We advance all investigation costs. If we don’t win, you owe us nothing. Zero risk. Maximum recovery.

What if the trucking company is from out of state?

We handle that. With federal court admission and dual-state licensure (Texas and New York), Ralph Manginello can pursue out-of-state trucking companies that caused accidents in Delaware County. FMCSA regulations apply nationwide.

Do I need a lawyer if the insurance company already made an offer?

YES. First offers are always lowballs designed to pay you before you understand your injuries. As Ernest Cano, one of our clients, noted: “Mr. Manginello and his firm are first class. Will fight tooth and nail for you.”

What if my loved one died in a Delaware County trucking accident?

You may file a wrongful death claim under Indiana Code § 34-23-1-1. Spouses, children, and parents can recover for lost income, companionship, and mental anguish. We handle these devastating cases with compassion and aggression.

The Delaware County Trucking Accident Checklist

If you’re involved in a trucking accident in Delaware County—whether on I-69, US-35, or a rural route near Yorktown—follow these steps:

1. Call 911 immediately—Police reports create crucial evidence
2. Seek medical attention—Even if you feel fine; adrenaline masks serious injuries
3. Document everything—Photograph vehicles, license plates, DOT numbers, skid marks, road conditions
4. Gather information—Driver’s name, company, insurance, witness contacts
5. Don’t give statements—To trucking company representatives or insurers without counsel
6. Call Attorney911—1-888-ATTY-911 for immediate spoliation letter preservation

Your Fight Starts Now

The trucking company has lawyers. They have insurance adjusters. They have rapid-response teams descending on Delaware County accident scenes before the wreckage cools.

You have us.

At Attorney911, we don’t just handle cases—we treat you like family. As client Angel Walle said: “They solved in a couple of months what others did nothing about in two years.”

Whether your accident occurred on I-69 near the Muncie Bypass, on State Road 67 through rural Delaware County, or on any highway where an 80,000-pound truck changed your life forever, we’re ready to fight.

Call 1-888-ATTY-911 (1-888-288-9911) now for a free consultation. Available 24/7. No fee unless we win.

Hablamos Español — Llame a Lupe Peña al 1-888-ATTY-911.

Attorney911
The Firm That Insurance Companies Fear
Delaware County, Indiana Trucking Accident Attorneys