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Law Offices of Moseley & Martinez, LLC
Jason Moseley and Miguel Martinez in front of the Merrillville office

Why truck cases are different

A commercial truck crash is not a bigger car crash. The trucking company, its insurer, and often a rapid-response team are investigating within hours, sometimes before the police report is written. Evidence that matters most, including electronic logging device data, engine control module downloads, driver qualification files, hours-of-service records, and dash-cam footage, can be lost or overwritten unless a preservation demand goes out quickly.

Who can be held responsible

Liability may extend well beyond the driver: the motor carrier, the owner of the trailer, a broker that hired an unqualified carrier, a shipper that overloaded the cargo, or a maintenance contractor. Federal Motor Carrier Safety Regulations set the standard of care, and violations of those rules are powerful evidence of negligence.

How we build a trucking case

We send spoliation letters immediately, retain accident reconstruction and trucking-safety experts where the case warrants it, obtain the carrier’s FMCSA safety history, and depose the driver and the company’s safety director. Commercial policies carry much higher limits than personal auto policies, and we pursue every layer of coverage.

Deadlines

In Indiana, most personal injury claims must be filed within two years of the date of injury (Ind. Code § 34-11-2-4). Claims against a city, county, or state agency require a formal tort claim notice much sooner, in some cases within 180 days. Waiting costs leverage, and in some cases it costs the claim entirely.

Where we take cases

We represent injured people everywhere in Indiana. Most of an injury case happens by phone, email, and video, so you do not need to live near one of our offices to work with us.

How our fee works

Injury cases are handled on a contingency fee: no retainer, no hourly bill, and no attorney fee unless we recover money for you. The percentage is set in a written agreement before we start and depends on the stage at which the case resolves. How contingency fees work, in plain English.

Where we handle truck & semi accidents cases

An attorney who handles these cases

James A. Hoffman

James A. Hoffman

Associate Attorney

A decorated U.S. Army veteran who set his sights on the law at age eight, James has represented hundreds of injured clients with a modern, client-first style and a refusal to let insurance companies run out the clock.

Frequently asked questions

How soon should I call a lawyer after a truck accident?

As soon as you are medically able. Trucking companies begin building their defense immediately, and key electronic evidence can be overwritten within days or weeks.

Can I sue the trucking company and not just the driver?

In most cases, yes. Employers are responsible for their drivers, and carriers have independent duties for hiring, training, maintenance, and hours-of-service compliance.

Find out if you have a case. It costs nothing to ask.

Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.

Call Do I have a case?