Trusted and Experienced Louisville Truck Accident Lawyers

Truck accidents can be especially devastating compared to accidents involving passenger vehicles. Due to their enormous weight and long stopping distances,  semi-trucks and tractor-trailers have the potential to inflict major property damage and cause serious bodily injury and death.

Better Call Becker

If you or a loved one has suffered serious injuries in a semi-truck or tractor-trailer collision, you should seek the help of a Louisville truck accident lawyer as soon as possible. An experienced personal injury attorney could provide valuable assistance at every step of the claim process. Investigating the collision and identifying all potentially liable parties accountable for the harm caused must be done as soon as possible. Let us help you seek the compensation you deserve.

Our team is dedicated to helping injured claimants in Louisville and Southern Indiana seek compensation for their injuries.

Common Causes of Truck Accidents

Due to the potential harm a big rig can cause, professional truck drivers are held to higher standards when it comes to road safety laws and must be specially licensed and adhere to a wide range of state and federal safety regulations. Despite these higher standards, accidents involving trucks happen for many reasons including:

Speeding

Regardless of speed limit, driving too fast for the road conditions is the leading cause of truck accidents.

Distracted Driving

Driving while distracted is another leading cause of truck accidents. For example, using a handheld cell phone can substantially increase a truck driver’s risk of being involved in an accident.

Driver Fatigue

Federal regulations place strict limits on the number of hours truckers can drive during certain time periods. However, because hours of service (HOS) limits are frequently ignored, truck driver fatigue continues to play a role in serious accidents.

Other common causes include:

  • Driving under the influence of drugs and alcohol
  • Mechanical failure
  • Overloaded cargo
  • Hazardous driving conditions

A tractor-trailer collision attorney in Louisville could investigate the accident and determine the cause of the collision.

Common Types of Truck Accidents

Truck accidents vary in nature and severity, but one thing is true in all truck accidents – the potential for severe and irreparable damage is always on the table. Given the size and weight of tractor-trailers, crashes involving these vehicles have a tendency to result in greater damage and catastrophic injury than most other motor vehicle accidents.

Whether the cause be dangerous road conditions, negligent or reckless driver behavior or vehicle issues, some common types of truck accidents that occur in and around Louisville include:

  1. Rear-End Collisions: These occur when a truck hits the vehicle in front of it. They are often caused by drivers following too closely, distracted driving or sudden braking.
  2. Jackknife Accidents: Jackknifing happens when a truck's cab and trailer fold in on each other like a folding pocket knife. Jackknife accidents often occur when the truck driver brakes suddenly or loses control, causing the trailer to swing out sideways.
  3. Rollover Accidents: Trucks, especially those carrying heavy loads, can tip over onto their sides when drivers are speeding, taking curves too fast or have improperly loaded cargo.
  4. Underride Accidents: These occur when a smaller vehicle collides with the rear or side of a truck and slides underneath the truck's trailer. Underride accidents may result in severe injuries or even death for the occupants of the smaller vehicle involved.
  5. Blind Spot Accidents: Trucks have large blind spots, especially on the sides and rear. Accidents can occur when smaller vehicles linger in these blind spots when truck drivers try to change or merge lanes.
  6. Tire Blowouts: Tire blowouts are a leading cause of truck accidents. Tires can blow out due to road hazards, improper maintenance or overloading.
  7. Wide-Turn Accidents: Trucks require more space to make turns than other motor vehicles, which often results in collisions with vehicles in adjacent lanes.
  8. Runaway Accidents: In cases in which trucks lose their brakes or experience mechanical failures on steep declines, drivers may lose control and crash into vehicles or structures at the bottom of the incline.
  9. Cargo Spills: Improperly secured or overloaded cargo can spill onto the roadway, creating hazards for other vehicles and potentially causing accidents.
  10. Head-On Collisions: Though less common, head-on collisions involving trucks can be extremely severe. Head-on crashes involving tractor-trailers may be the result of driver fatigue, distraction or impairment.

Types of Injuries That Can Be Sustained in a Tractor-Trailer Crash

Some common injuries that can be sustained by car drivers or passengers who have been in truck accidents include:

  • Traumatic brain injuries (TBI)
  • Neck, spine and back trauma
  • Broken bones and fractures
  • Strained muscles
  • Death

Victims of injuries like these may be eligible to recover compensation that covers all of their damages, such as medical expenses, lost wages, mental anguish, loss of enjoyment of life, as well as pain and suffering.

Who Can be Held Liable?

One of the most important contributions a Louisville truck accident lawyer can make to a client’s case is to identify all the parties that are potentially responsible. Any person or entity whose negligent or reckless behavior contributed to a truck accident can be held accountable.

The most common parties which could be held liable for damages include:

  • Truck driver
  • Truck driver’s employer
  • Third-party cargo handler
  • Mechanic
  • Manufacturer
  • Government body (for defective road design or maintenance)

An independent investigation performed by a seasoned Louisville and Southern Indiana truck accident attorney should be able to reveal which party, or parties, bear legal responsibility in the wake of a serious accident.

Factors That Could Establish Liability

Some factors that could establish whose fault the accident was are: Was someone talking on the phone at the time of the wreck? What was the speed of each vehicle at the time of the crash? These clear and objective facts could potentially weigh heavier on one side or the other.

Could the trucking company the driver works for be held responsible for the crash due to negligent hiring or training? Did the truck driver have a history of accidents or other issues? If so, the trucking company could bear some fault for the crash.

A truck accident lawyer needs to assess the driver’s role as well as the company’s role. If the driver should never have been put behind the wheel in the first place, the company may have their own independent negligence.

Frequently Asked Questions About Truck Accidents from People In and Around Louisville

What Makes a Truck Accident So Much Worse Than a Car Wreck?

The size and weight of a large commercial motor vehicle greatly increases the likelihood that a truck accident will cause serious injury or death. An 18-wheeler filled with cargo can weigh 80,000 pounds or more. When a large truck carrying a full load collides with a passenger vehicle at full speed, the result can be disastrous.

If a large truck collides with a passenger car or truck, the people in the smaller vehicle are far more likely to be hurt. In fact, the National Highway Traffic Safety Administration (NHTSA) says 81% of fatal crashes involving large trucks are multiple-vehicle crashes, compared with less than 63% for passenger vehicles.

Passenger vehicle occupants hurt in truck accidents are likely to suffer serious injuries such as head and traumatic brain injuries (TBIs), neck and spinal cord injuries, or broken bones. You may have permanent injuries that require ongoing care or leave you unable to handle the job you previously had. In addition to personal injuries, truck crashes can cause extensive damage, which may include environmental damage if a truck spills hazardous waste or toxic chemicals.

Your losses in a collision with a commercial truck may be extensive. Contact a Becker Law Office truck accident attorney to find out how we can help you.

How Do Trucking Companies and Federal Regulations Make it Harder to Obtain Compensation After a Truck Accident?

Trucking companies, known as “carriers,” are often large multi-state corporations with deep pockets and legal teams prepared to protect their interests after a truck accident. Federal regulations that govern the trucking industry are complex. A lawyer who understands these complex issues can make them work in your favor.

It is very likely that you will hear from the trucking company’s lawyers and/or insurance company soon after a serious truck accident. They work to minimize the cost of an accident as well as the potential liability if negligence on the part of their driver or the company itself is found to have caused a serious wreck.

If you hear from the carrier or anyone representing it, it is best not to accept any money or sign any statement unless an experienced truck accident attorney has reviewed it with you.

Federal Motor Carrier Safety Administration (FMCSA) regulations govern commercial drivers’ licensing and time spent behind the wheel, vehicles and trucks’ components, trucks’ cargo and how it is loaded, and more. If the trucker or trucking company violated regulations, they can be held liable if this violation led to an accident and injuries.

But it takes a lawyer who knows FMCSA regulations and has the resources to investigate a truck accident to determine and prove a truck driver’s or trucking company’s liability. When you engage a Becker Law Office truck accident attorney, that’s what you get.

What Kind of Negligence is Typically Found in a Commercial Truck Accident?

The truck driver, the company that hired the driver or a third party connected to your crash may ultimately be found to be liable for your injuries if their negligence caused the accident that hurt you.

A groundbreaking study of truck accidents, known as the “The Large Truck Crash Causation Study,” cited factors commonly found in commercial truck accidents. They included:

Driver Error

  • Traveling too fast for conditions
  • Following too close
  • Inadequate surveillance (failure to look)
  • Illegal maneuvers
  • Internal driver distraction
  • External driver distraction
  • Inattention
  • Driver fatigue
  • Unfamiliarity with the roadway
  • Over-the-counter drug use
  • Illegal drug use
  • Alcohol use

Vehicle Problems

  • Brake problems
  • Tire problems
  • Cargo shift (inproperly secured cargo)

Vehicle problems may be a maintenance issue, which implies carrier liability, or a design or manufacturing defect that a third party might be liable for. The study also cited work pressure from the trucker’s employer, which may lead to fatigued driving or driving too fast to meet a delivery deadline. Roadway problems, which are a factor in some accidents, could lead to a claim against a local government or contractors who failed in their duty to ensure proper road maintenance or design.

After a proper investigation by Becker Law Office, any of several people or organizations might be held liable for your truck accident.

Can I Sue the Trucking Company that Employed the Driver in My Truck Accident?

You may be able to hold the trucking company, or “carrier,” liable for your losses in a truck accident. Trucking companies are responsible for the truckers they employ and for the operating condition of the trucks they put on the road.

Interstate trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA). A trucking company may be held liable if maintenance problems caused a truck owned or leased by the company to crash. A trucking company that pressured a driver to drive too far without adequate rest in violation of FMCSA Hours of Service regulations could be held liable for an accident caused by a drowsy driver. A carrier that hired a driver who had previously had multiple traffic or FMCSA violations might be liable if the trucker’s negligence caused a wreck.

Whether the trucking company involved in your accident is a regional or national company, it will most likely call upon legal resources to fight a claim that could prove costly. Even a smaller trucking company will deploy lawyers, insurance adjustors and others in hopes of quickly settling a claim and thwarting a full investigation. Some companies will declare bankruptcy to escape liability for a serious wreck, only to emerge soon afterward under a new name.

A truck accident attorney who understands the relationship between truck drivers and their employers, like ours at Becker Law Office can investigate your accident and press for compensation from all parties liable for your losses.

Why Do I Need an Attorney for My Truck Accident Claim?

Lawyers who handle personal injury or wrongful death claims, such as in truck accidents, protect the rights of people who have been injured or lost loved ones in accidents that were not their fault. Your primary right after being involved in a truck crash is the right to be made financially whole for what has been unjustly taken from you.

In most cases, the amount of compensation you can obtain after being injured in a truck crash or similar accident is limited by the amount of insurance coverage available. But insurance payouts ultimately cost the companies or individuals who are covered.

A trucking company has a financial interest in making sure your accident does not cost them too much money or attract too much attention from federal regulators or the public. Insurance adjustors and lawyers representing trucking firms are trained to settle matters quickly and inexpensively. You may have already received an initial low settlement offer, which you should decline.

Meanwhile, once you make a claim, the trucking company’s lawyers will work to minimize or deflect any blame for the wreck from the trucker or the trucking company. If left unchallenged, this can result in your settlement being less than it should be, or they could deny your claim altogether.

You stand a much better chance of obtaining an appropriate settlement after a commercial motor vehicle accident with the assistance of an experienced truck accident lawyer. A lawyer who represents your interests can level the playing field. In a complex claim, your attorney’s legal team can investigate to determine how and why your accident happened and hold all responsible parties liable.

What Does it Cost to Hire a Lawyer to Help Me after a Truck Accident?

You owe us no legal fee unless we obtain compensation for you.

Our lawyers pursue personal injury and wrongful death lawsuits on a contingency-fee basis. This means our fees depend on the amount of the settlement or court award we obtain for our client. If we obtain nothing, we are paid nothing, not even expenses incurred while investigating your case.

We meet with potential clients and review the circumstances of their accidents and losses at no charge and with no further obligation from either side of the table. If we agree to move forward, we investigate cases at no charge up front.

Our retainer agreement will stipulate the percentage of the final settlement or court award that our firm will retain as a fee. We will also be reimbursed for expenses required to develop the case, which we pay up front, such as fees for police reports, medical records, filing the lawsuit, and hiring expert witnesses and court reporters who record depositions.

This protects our firm and our clients, because it ensures that we only pursue cases that we expect to be successful. We won’t take frivolous lawsuits.

We investigate cases thoroughly and work hard to obtain the compensation our clients deserve. If you’re ready to get started, contact Becker Law Office today.

Let Becker Law Office Help You

Truck accidents occur far too often. Filing a claim for damages in the wake of a truck accident should be done as soon as possible with the help of a dedicated lawyer who is knowledgeable about the complexities of such cases.

Our legal team is ready to help your case. Contact a Louisville truck accident lawyer from our team of experienced attorneys to schedule and consultation and learn more about your legal options.

More on Trucking Accidents:

What to Do After a Semi Tractor Trailer Hits Your Car
Distracted Driving: The Penalties and the Risks for Truck Drivers
Going With the Flow or Governor-Enforced Slow: Truck Safety

 

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