Kentucky Truck Accident Lawyer
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Kentucky Truck Accident Lawyer
Trucking is a crucial component of the national economy. The number of long-distance trucking businesses in the United States has grown 4.5% annually between 2018 and 2023.
Kentucky has six interstate highways and six auxiliary interstates within its borders. All of these connect to major routes across the U.S. and in most directions. Interstate highways in Kentucky stretch 1,050 miles, meaning countless commercial trucks are on the roadways.
When trucking accidents happen, the damage is rarely minor. Unlike a passenger vehicle accident, multiple parties are often involved, even if not many are involved in the accident. If you have been injured, consider contacting experienced Kentucky truck accident lawyers to ensure you understand your rights and receive the full compensation you are entitled to.
Common Causes of Truck Accidents
In 2021, there were 5,601 fatalities in the U.S. involving at least one large truck. There are a lot of reasons that trucking accidents occur. Not all accidents are the fault of the driver, and your Kentucky truck accident lawyers can help you determine who is liable for your injuries. In some cases, there may be multiple parties, which is one of the reasons that these cases can get complicated but can also result in substantial settlements and verdicts. These are some of the most common causes of semi-truck accidents.
There are federal laws that govern trucking regulations and the safety of truck drivers. This includes regulating how many hours may be driven consecutively. The general rule is that a long-haul driver may drive a maximum of 11 hours after 10 consecutive hours off duty. When drivers fail to follow these rules—and companies fail to enforce them—it can lead to dangerous conditions for everyone on the road.
Excessive speed is one of the most common reasons for a lot of vehicle accidents. Big trucks are much less nimble than most passenger vehicles, which means that stopping, turning, or other driving maneuvers take a lot longer to perform. Drivers on strict deadlines are more likely to be tempted to speed, which exposes them to a higher likelihood of being in an accident.
Anyone who has taken a long road trip will agree that it can be difficult to maintain focus. This is also true for commercial drivers on the road for long periods of time. Even short trips can be disastrous when the driver is distracted. Common distractions include texting or other phone activities, changing the radio station, reaching for something in the vehicle, or looking anywhere other than at the road.
There are trucking regulations in place to ensure that trailers are properly balanced with the weight of cargo evenly distributed. Improperly loaded cargo can shift suddenly, causing the trailer to tip, potentially drifting or falling into the road or the opposite lane. This could cause damage to the truck, trailer, and anyone passing by.
Drivers of commercial vehicles are required to perform safety and maintenance checks. That does not mean that they always do. Issues like faulty brakes, steering issues, bad tires, or engine malfunctions could all result in major accidents.
Driving Under the Influence
Drugs and alcohol use is prevalent in the trucking industry. Substances may be used to promote sleep or to keep the driver awake. Most substances impair the driver’s ability to make important decisions that keep them and other drivers safe on the road. Commercial drivers are usually held to a higher standard when it comes to these types of violations.
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry and provides specific trucking regulations that must be followed. FMCSA violations may be presented as part of your trucking accident claim and can result in legal action and additional fines for the driver or company. Truck drivers must obtain specific training, and like any licensed professional, there are consequences for negligence in the performance of their duties. Knowledgeable Kentucky accident lawyers can determine if the accident involved any FMCSA violations.
Average Semi-Truck Accident Settlement
There is no way to accurately calculate the average semi-truck accident settlement in Kentucky. Every accident is unique, and considerations like the severity of injuries, who is liable, and circumstances of the impact, change the amount the victim is owed. Experienced Kentucky truck accident lawyers can help you determine the full value of your claim, so you do not accept less than what you deserve. Insurance companies know that you need money to pay for your medical costs and may offer fast settlements that are lower than what you are owed so that they can wrap things up quickly without giving you time to evaluate whether your needs are being met. You do not have to accept an unfair insurance settlement.
If you sustained a truck accident injury, your settlement could include compensation for all costs associated with your medical care and treatment, such as emergency services, doctor visits, surgery, physical therapy, medication, in-home care, equipment, lost wages, and any other relevant expenses. These are considered economic damages.
You may also be eligible for non-economic damage. Though harder to quantify, they are certainly relevant. This compensation takes into account the mental, physical, and emotional components of what you have endured, such as pain and suffering, anxiety, depression, post-traumatic stress, and loss of enjoyment of life. A truck accident injury can be life-changing, and you deserve to be compensated for those negative changes.
Seek medical attention for yourself and anyone else who may have been injured. Call the police and gather as much information as possible, such as the name of the trucking company, the driver’s license number of the truck driver, and any eyewitness accounts of the accident. Do not speak to insurance companies or sign any documents without consulting with an attorney.
A truck accident attorney can help you navigate the legal process and build a strong case to recover damages from the negligent parties. They can also negotiate with insurance companies on your behalf and ensure that your rights are protected.
The amount of compensation you may receive depends on the individual circumstances of your case, such as the severity of your injuries and the extent of your financial losses. An experienced truck accident attorney can help you assess the value of your case and pursue the maximum amount of compensation available.
No, you should not speak to insurance companies without consulting with an attorney first. Insurance companies are often focused on minimizing their own costs and may try to take advantage of you by offering a quick settlement that is far less than what you are entitled to. Let your attorney handle all communications with insurance companies on your behalf.
If you are found to be partially at fault for the accident, you may still be able to recover damages under Kentucky’s “pure comparative fault” system. The amount of damages you can recover will be reduced by the percentage of fault attributed to you.
Yes, Kentucky has a one-year statute of limitations for filing a personal injury or wrongful death lawsuit related to a truck accident. It is important to consult with an attorney as soon as possible after your accident to ensure that your case is filed in a timely manner.
At Flint Cooper, we work on a contingency fee basis, which means there are no upfront fees or out of pocket expenses. If we are successful in recovering compensation for you, we will receive a percentage of the amount recovered. If we are not successful, you will not owe us anything.
Flint Cooper applies its knowledge and experience to win trials, not just collect settlements, further strengthening its reputation of providing clients around the world with exceptional counsel and unparalleled advocacy.