Louisville Truck Accident Lawyer

How Commercial Truck Accidents Happen

A commercial truck crash could occur for the same reasons as any other vehicle accident. Truck drivers could cause a collision with a passenger vehicle by speeding, driving under the influence of drugs or alcohol, or changing lanes without signaling.

That said, there are accident factors that are unique to commercial truck collisions. For example, truck accidents are common when the commercial vehicle involved in the crash is overloaded. Overweight trucks are harder to bring to a halt and can cause more damage due to their increased mass.

Fatigue is especially problematic for truck drivers as well. While fatigue can impact any motorist, commercial drivers are more likely to spend long hours behind the wheel in an effort to finish a delivery on time. Drivers that ignore federal regulations regarding rest breaks are especially likely to cause a crash.

Commercial trucks are also known to jackknife. This type of accident happens when the cab of the truck and the trail travel in two different directions. This causes the commercial truck to fold in on itself in the shape of a folding knife. A jackknifing truck could slide across multiple lanes of traffic, causing multiple accidents along the way.

Legal action could be available regardless of the specific nature of a truck crash. As long as negligence occurs, a truck accident attorney in Louisville could help an injured motorist seek compensation.

Pursuing A Legal Claim

Most of the time, a truck accident will result in a legal claim against the negligent truck operator. This is understandable given that it is often the actions of a truck driver that cause these collisions to occur. There are other potentially liable parties in a truck accident that a Louisville lawyer could work to identify.

In many cases, a plaintiff will also file suit against the truck driver’s employer. This is possible so long as the truck operator was working within the scope of their employment at the time of the crash. A claim against the trucking company could also be viable if they were negligent in the maintenance of the vehicle, their hiring of drivers, or the loading of the trailer.

It is also possible to pursue a claim against parties that were not directly involved in the crash. This includes a manufacturer of defective truck parts or a government entity that fails to ensure the roadway was safe to drive on.

Evidence for Truck Accidents in Louisville

One reason to contact an experienced Louisville truck accident lawyer is to get help finding evidence for your case. You will need to establish who is at fault for your collision, otherwise you cannot obtain full compensation. Your personal injury protection benefits will only cover a portion of your medical care if you suffer even a moderate injury.

Truck accidents are different from car crashes because they rely on different evidence. For example, a truck should have electronic devices which log important information about the truck while it is in motion, such as how long it has been running and whether the trucker braked before the crash. This information can help prove that the trucker had driven for too long or took some other dangerous action.

Without an attorney’s help, many people have no idea how to preserve this electronic information. There is a real risk that the trucking company will destroy or erase it. Contact our Louisville truck accident lawyer for assistance preserving this vital information.

Other evidence includes employment records for the trucker, including physical exams, drug tests, and background checks. The trucking company probably has this information, but they won’t turn it over without a legal request.

The truck itself might contain important clues about what happened. For example, cargo could have shifted in the trailer, which rendered it unstable. The ties in the trailer could have been weak and snapped. An inspection of the truck will uncover this critical evidence to use in your case.

Truck Accidents & Insurance

Kentucky requires that motorists carry personal injury protection (PIP) benefits of at least $10,000. These are no-fault benefits that pay for medical care. After a crash, you submit a claim to your PIP insurer first, which helps injured victims pay for immediate care at the hospital or doctor’s office. Otherwise, you would end up using your health insurance.

However, most truck accident victims have additional expenses. With today’s inflation, $10,000 doesn’t go very far. Most victims turn to the at-fault truck driver, who should have insurance. The trucking company should also have a large liability policy that covers accidents. Most truck accident claims are made on this policy.

You might also have collision coverage, which is optional in Kentucky. You must have collision coverage if you still have a car loan. The insurance protects against damage and provides no-fault benefits to have your car fixed.

Insurance is confusing for many people. They don’t know who to submit a claim to first. Let our firm untangle the confusion and submit claims in a way that maximizes your financial recovery.

How Much Can You Receive in Compensation?

This is an important question. Many of our clients feel intense financial stress following a truck collision. For example, their car is probably wrecked. They will either need to buy a new one or pay thousands of dollars for repairs. They probably also need to rent a car while theirs is in the body shop for months.

Other expenses include medical bills, prescription medications, and lost income. Because injuries are severe, many people cannot work and suffer from a loss of income as well.

We regularly seek settlements from truckers and their employers for our clients’ damages:

• Compensatory economic damages. These losses are out-of-pocket expenses for medical care and property damage, along with medical expenses.
• Compensatory non-economic damages. Truck accident victims can receive compensation for their physical pain and emotional suffering, which are usually pronounced after a wreck.
• Punitive damages. Kentucky Revised Statutes 411.184 allows for punitive damages to punish a defendant for acting with malice, fraud, or oppression. Any trucker who intentionally injures you or acts with flagrant indifference to your rights can be sued for punitive damages.

Every case is different, and some injured victims are entitled to receive more money than others. Consult our Louisville truck accident lawyer to find out how much your case might be worth.

Trucking Companies Are Powerful Opponents

Truck accidents are expensive. Some accidents cause more than $100,000 in damages. For this reason, the trucking company immediately swings into action to try and limit their legal exposure. It isn’t unusual for a team of investigators to arrive at the accident scene within an hour. These investigators will start collecting evidence, talking to witnesses, and photographing the scene. They are working for the trucking company—and no one else.

Trucking companies also hire large law firms in Louisville and around the nation to defend them from lawsuits. You can quickly find yourself outnumbered by the dozens of attorneys working on your case night and day.

After a collision, you might hear from the trucking company’s insurer, with an offer to settle the claim. You might think the offer is generous, but please get a second opinion from an experienced, independent attorney. We have seen insurers offer pennies for pain and suffering when accident victims are struggling with constant pain and disability.

Some insurers even claim you don’t need a lawyer. We must inform you that this is simply not true. Any truck accident victim would benefit from hiring their own legal counsel to look after their interests.

Avoid These Mistakes Following a Truck Accident

There are some mistakes you should avoid if you hope to receive a settlement for an accident. Let’s look at a few of the most important.

Avoid apologizing for the accident, even if you think you were to blame. Instead, let an attorney fully investigate what happened so that we can hold the correct people accountable.

Avoid answering any questions from the insurance company or trucking company in a recorded statement. Doing so will only make it much easier for them to trip you up and ultimately blame you for the accident.

Avoid trying to represent yourself in settlement negotiations, since you probably do not know the full value of your claim. Let us calculate what is a “fair” amount, and then we can push in negotiations for even more.

Avoid delay. You have only a limited amount of time to file a lawsuit based on your collision. Any delay could make it much harder to get the settlement you are entitled to.

It is not unusual for trucking accidents to cause devastating injuries for everyone involved. If you have sustained severe bodily injuries due to the negligence of a truck driver, you have the right to pursue legal action against them.

Do not take on your legal claim on your own. Contact a Louisville truck accident lawyer right away for guidance.