Have you suffered serious injuries in a commercial truck accident in Kentucky? If so, you may be eligible to file a claim against the at-fault driver, trucking company, or other liable party. You may seek to recover financial compensation for your medical expenses, lost wages, pain and suffering, and more.
The Kentucky truck accident attorneys at Morgan, Collins, Yeast & Salyer want to help you pursue maximum compensation for your serious injuries. Contact our law firm today for a free consultation with an experienced Kentucky commercial truck accident lawyer. We will review your semi-truck accident and discuss your legal options.
When a Commercial Truck Crash Changes Your Life: Know Your Kentucky Rights
You may have the right to pursue compensation after a truck accident caused by a commercial truck driver or the trucking company. The Kentucky truck accident lawyers at Morgan, Collins, Yeast & Salyer stand ready to help injured Kentuckians.
Our firm has the Kentucky Courage to stand up to big trucking companies and insurance companies. We demand fair compensation for injured people who turn to us for help.
If we represent you, we will thoroughly investigate the incident to determine the at-fault party and all the available avenues for pursuing compensation. We will gather your medical bills and determine the full extent of your losses. Then we’ll negotiate with those financially responsible with the goal of securing a fair settlement for you. If the trucking company or insurer won’t agree to a reasonable settlement, we will be prepared to file a personal injury lawsuit and argue your case before a judge and jury. This tenacity and thoroughness have helped us secure more than $400 million for deserving Kentuckians.
Not Just Any Accident: What Makes Commercial Truck Cases Unique
Commercial truck accident cases present complex issues that can make pursuing compensation after a truck crash much more difficult than resolving a car accident claim. You should hire an experienced truck accident attorney for the following reasons:
- Truck accident victims frequently suffer severe injuries. Their injury claims involve higher amounts of money and intense negotiations. The insurance companies are more likely to dispute the claim and fight to minimize their financial liability.
- Truck accidents can involve complex evidence, including operational records of the trucking companies, accident reconstructions, and data from truck event data recorders (“black box”).
- Truck accident cases can involve multiple injured victims and liable parties.
- Trucking companies may have complex insurance coverage or corporate structures, making it harder to determine how much compensation may be available.
Given the potential complexities of pursuing a commercial truck accident claim, you can give yourself the best chance of success by working with an experienced Kentucky commercial truck accident attorney with Morgan, Collins, Yeast & Salyer.
Multiple Liable Parties: Holding the Right People Accountable
The question of who is liable in a Kentucky commercial truck accident requires a thorough investigation to determine after an accident. The trucking industry involves various individuals and companies, including commercial drivers, commercial carriers, freight shippers, fleet maintenance garages, manufacturers, and more. One or more of these parties may bear liability for injuries and losses caused by a truck crash, including:
- The truck driver: The truck driver is most directly responsible for the safe operation of the vehicle. Truck driver errors such as speeding, failing to use signal turns, tailgating, or making improper lane changes could make them liable for an accident.
- The trucking company: A trucking company may bear liability for a truck crash. In addition to vicarious liability for an employee’s negligence, a trucking company may also contribute to a truck accident through its own negligent conduct, such as negligently hiring, retaining, or supervising truck drivers or pressuring drivers to engage in reckless behaviors such as exceeding hours-of-service limits to meet tight delivery deadlines.
- The truck’s owner: A party other than the truck driver or trucking company may own the commercial truck or trailer involved in a crash. A third-party owner may bear liability for a trucking accident when the truck has a mechanical failure due to inadequate maintenance.
- The cargo company: A cargo company that loads the trailer or owns the cargo being shipped may bear responsibility for a truck accident caused by an unsafe cargo load. Cargo that is not properly secured can shift in transit or fall out of the truck onto a highway, creating a traffic hazard.
- The truck’s manufacturer: The truck manufacturer may be liable for a truck crash caused by a manufacturing defect in the truck. Similarly, auto part manufacturers can be liable for defectively designed or manufactured parts used on a commercial truck that gets into a crash.
- The truck’s mechanic: Third-party mechanics hired to service a truck may fail to repair or replace parts as needed, resulting in a critical failure while in operation.
Kentucky Commercial Truck Regulations: Your Lawyer’s Edge
Some truck accidents involve regulatory violations on the part of truck drivers and carriers. These regulations are meant to ensure the safe operation of commercial trucks.
For example, a truck driver who fails to inspect their cargo load before hitting the road may not realize that the items have not been stowed properly and could shift in transit. Hours of service regulations require drivers to track their hours behind the wheel and take required rest breaks. A driver who violates these rules is more likely to make an error related to driving fatigue while behind the wheel.
An experienced truck accident lawyer knows the types of evidence needed to determine whether the truck driver or the trucking company violated regulations and build a strong case for compensation.
Don’t Settle for Less: Calculating the True Value of Your Claim
Many factors can affect the value of your truck accident settlement, such as the severity of your injuries, the duration of your medical care, whether you suffer lost income, and whether you suffer permanent disabilities. The types of compensation that may be sought in a truck accident claim include money for the following:
- Costs of medical treatment and rehabilitation, including emergency services, surgeries, hospitalization, prescription pain relievers, and physical/occupational therapy
- Costs of long-term care or replacement services for the home
- Loss of wages if you need to take time from work during your recovery or experience a reduction in your earnings while on part-time or light-duty
- Loss of future earning potential if you become permanently disabled and can no longer work or are limited in the type of work you can do
- Physical pain
- Emotional trauma/distress
- Loss of enjoyment and quality of life due to permanent disabilities or visible scarring or disfigurement
Kentucky truck accident settlement amounts depend on the severity of the injuries, the policies available to provide compensation and other factors.
Time Is Critical in Kentucky Commercial Truck Cases: Act Now
Under Kentucky’s statute of limitations on injury claims, you have two years after a commercial truck crash to file a lawsuit against a truck driver or trucking company. You may lose the right to demand compensation for your injuries and losses if you file suit after the filing deadline expires on your truck accident claim. Don’t risk this outcome. Contact a Kentucky commercial truck accident attorney from Morgan, Collins, Yeast & Salyer as soon as possible after a crash involving injuries.
FAQs: Commercial Truck Accidents
Here are the answers to some of the questions we frequently hear about truck accidents and truck accident claims in Kentucky.
What counts as a commercial truck in Kentucky?
Under Kentucky law, a commercial truck includes any vehicle designed to carry property that has a gross vehicle weight rating of more than 10,000 pounds. It also covers vehicles that meet other such limits as set by federal regulation and adopted into state administrative regulations, as well as any vehicle used to transport hazardous materials and required to display hazardous materials placards.
I was hit by a delivery van. Is that a commercial truck accident?
A delivery van may qualify as a commercial truck under federal regulations when it has a gross vehicle weight rating or a gross vehicle weight of at least 10,001 pounds or when the delivery van transports hazardous materials in a quantity requiring a placard under DOT regulations.
The trucking company offered a settlement. Should I take it?
You should only accept a settlement or sign documents presented by the trucking or insurance company after your attorney has reviewed the settlement and discussed it with you. A Kentucky truck accident lawyer can evaluate a settlement offer to determine whether it fairly compensates you for your losses.
Do the same laws apply to commercial trucks and big rigs?
Truck drivers must follow most of the same traffic laws that other motorists follow. They also have additional regulations specific to their profession, including the requirement to obtain a commercial driver’s license and medical certification. They must also follow hours-of-service rules that limit the time a driver can spend behind the wheel.
What if the commercial truck driver was an independent contractor?
Many trucking companies retain drivers who work as independent contractors hauling loads for different companies. Independent contractor truck drivers are still required to carry substantial amounts of liability insurance. You may have the right to pursue a truck accident lawsuit against a truck driver who is an independent contractor.
Contact a Commercial Truck Accident Lawyer in Kentucky Today
Don’t face the aftermath of a commercial truck accident alone. Contact Morgan, Collins, Yeast & Salyer today for a free, no-obligation consultation with a Kentucky truck accident lawyer. We look forward to meeting you and discussing your options in detail.
