Indiana Truck Accident Lawyer Guide: Laws, Deadlines and Rights

Indiana calls itself the "Crossroads of America," and for trucking that is literal. Interstates 65, 70, 69, 64 and 74 cross the state, the I-465 loop funnels freight around Indianapolis, and the Borman Expressway (I-80/94) and the Indiana Toll Road (I-80/90) have some of the highest truck counts in the country, according to the Federal Motor Carrier Safety Administration. Heavy traffic, construction zones and sudden slowdowns make rear-end and underride crashes a particular risk. This guide explains the laws that matter most after a truck crash in Indiana, the evidence to protect and how to choose an Indiana truck accident lawyer. We do not recommend or rank any individual firm.

Indiana truck accident laws at a glance

• Filing deadline: two years for personal injury and property damage under Ind. Code § 34-11-2-4. For wrongful death, two years from the date of death under § 34-23-1-1.
• Government claims: written notice within 180 days for a city, county, town or school corporation, and 270 days for the State, under the Indiana Tort Claims Act (Ind. Code § 34-13-3-8). Government liability is capped at $700,000 per person and $5 million per occurrence.
• Fault rule: modified comparative fault under Ind. Code § 34-51-2-6. You are barred if your fault is greater than the combined fault of the others (more than 50%).
• Liability among defendants: several liability under Ind. Code § 34-51-2-8. Each defendant pays its own percentage, and defendants may point to a "nonparty" at fault.
• Punitive damages: governed by statute, limited in amount, with a share of any award going to the State, and not recoverable under the wrongful death statutes.
• Insurance system: at-fault. Minimum liability limits for ordinary vehicles are $25,000 per person, $50,000 per accident and $25,000 for property damage.

The 51% rule: why every percentage point counts

If a jury finds you 30% at fault and your damages are $400,000, you can recover $280,000. If it finds you more than 50% at fault, you recover nothing. Insurers look for arguments about speed, following distance, lane changes or braking, and rear-end crashes in traffic jams and work zones often turn on who slowed or stopped suddenly. Photos, video, witness statements and the truck's electronic data matter.

Several liability: why identifying every party matters

Indiana is a pure several liability state, and there is no right of contribution among at-fault parties. A jury assigns a percentage of fault to each party, and each defendant pays only its percentage. In a truck crash, that means identifying the driver, the carrier, a cargo loader, a maintenance contractor and any other contributor can affect how much is collectible. When the driver is an employee acting within the scope of the job, the carrier is also generally responsible for the driver's share.

Claims against government entities

If a city truck, a state vehicle or a poorly maintained public road played a role, the rules change. Notice must be filed within 180 days (local entities) or 270 days (the State), liability is capped, punitive damages are not available, and Indiana's comparative fault statute generally does not apply to claims against government entities, so common-law rules can bar recovery for any fault by the injured person. This is one of the areas where early legal advice matters most.

Truck crashes in Indiana: the context

Indiana's position between Chicago, Detroit, Cincinnati, Louisville and St. Louis keeps freight moving through the state around the clock. FMCSA has highlighted the Borman Expressway, the Indiana Toll Road, I-65 north of Indianapolis and the North Split in central Indiana as busy truck corridors with significant work zone activity. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles. For the latest Indiana figures, check the Indiana Criminal Justice Institute and the Indiana State Police crash data.

Who may be responsible for an Indiana truck crash

• The truck driver, for speeding, following too closely, distraction, fatigue or impairment.
• The motor carrier, for the employee's actions and for negligent hiring, training, dispatch pressure or poor maintenance.
• A cargo loader or shipper, if freight was overloaded or unsecured.
• A repair shop or parts maker, if brakes, tires or other equipment failed.
• A government body, in some cases involving road design or work zone management, subject to the notice rules and caps.

Insurance in an Indiana truck crash

Indiana's minimum limits for ordinary vehicles are far below the cost of a serious truck injury. Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Many carriers carry more. Your own uninsured and underinsured motorist coverage and medical payments coverage may also apply.

Evidence that matters in an Indiana truck case

• The crash report from the investigating agency, often the Indiana State Police, a county sheriff or city police
• Photos and video of the scene, the truck, its markings and the USDOT number
• Information about traffic conditions and work zone signs, lane closures and speed limits at the time
• Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
• Dash camera footage, engine data and maintenance records
• Medical records and bills from the first day

You can look up the carrier's inspection and crash history in the FMCSA SAFER system. Ask a lawyer about sending a written preservation request to the carrier quickly.

What compensation may include

• Medical expenses, past and future
• Lost income and reduced earning capacity
• Pain and suffering and loss of enjoyment of life
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for eligible family members, subject to the limits in Indiana's wrongful death statutes

No one can promise a result. The outcome depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Indiana

1. Call 911 and get medical care, even if you feel fine.
2. Photograph the scene, the truck and its USDOT number.
3. Do not say you were at fault, and do not guess about speed or distance. Under the 51% rule, every word can be used.
4. Make sure a police report is filed and get the report number.
5. If a public entity may be involved, speak with a lawyer immediately because of the notice deadlines.
6. Do not give a recorded statement to the trucking company's insurer without advice.

Choosing an Indiana truck accident lawyer

Confirm the lawyer is licensed in Indiana through the Indiana Supreme Court's attorney search, ask about commercial trucking experience and how they handle several liability and nonparty-at-fault arguments, and get the fee agreement in writing. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with an Indiana attorney. We do not endorse any law firm.

Frequently asked questions