There are a lot of trucks that come through Louisville. When an accident occurs with a tractor-trailer, it could cause severe injuries and damages. Fortunately, you may be eligible to seek compensation from the party that caused your accident. It is important that if someone has a claim or thinks they have a claim against a truck driver or a trucking company, they need to talk to an attorney who is familiar with those types of claims because there is more to it than just a standard motor vehicle collision between two passenger vehicles.
If someone has been injured in a car accident in Louisville, the most important reason they should contact a truck accident lawyer is because there are a lot of rules and regulations that govern truck drivers and trucking companies. They include who can be hired, who is qualified to drive a commercial motor vehicle, and the time the drivers are allowed to drive without rest.
An experienced attorney will understand the unique aspects of a Louisville truck accident case and can help you seek compensation for damages. Let us help you get the compensation you need!
Common causes of truck accidents that occur in Louisville include drivers who have a Commercial Driver’s License (CDL) but have prior traffic-related incidents, such as DUIs or a criminal history involving drugs and alcohol. These are drivers who should never be allowed behind the wheel of a commercial vehicle.
Another common reason accidents occur is because there are reckless trucking companies that do not adhere to the requirements regarding hours driving and rest breaks, so drivers are pushed to go beyond what is acceptable under regulations. Drivers are often fatigued and may not be as safe as they should be.
Another issue is inattention. Drivers may not be paying attention or going too fast for the conditions, and do not leave themselves enough cushion for things that may happen in front of them. There is always something that could have been done to prevent these wrecks from happening.
Some common injuries that can be sustained by car drivers or passengers who have been in truck accidents include:
Victims of injuries like these may be eligible to recover compensation that covers all of their damages, including medical expenses, lost wages, mental anguish, loss of enjoyment of life, as well as pain and suffering.
To recover compensation for damages, the victim’s attorney must be able to prove the defendant’s negligence and prove the damages they caused. A jury will assess the actions of everybody involved in the case before awarding damages. Kentucky is a pure comparative negligence state, which means even if the victim is 99 percent at fault, they can still recover compensation for damages. There are no limitations in Kentucky. Even if a truck driver or the company is not 100 percent at fault, that does not mean that they still do not have some liability and responsibility for the damages that they have caused.
Some factors that could move liability one way or another are whether someone was talking on the phone when the wreck happened and the speed of the vehicles at the time of the crash. These clear and objective facts could potentially weigh heavier on one side or the other.
Another thing that comes into play is if the trucking company bears any liability. If so, the claim against the company could allow a much broader array of evidence. If a victim is bringing a claim against the trucking company for negligence in hiring, training, or supervision, they can look into the truck driver’s past to find out if they have been involved in prior wrecks, if they had moving citations, a criminal record, or issues with drugs or alcohol. If there are facts supporting those things, it could sway the comparative fault analysis.
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.
It is important to contact an attorney early for several reasons. There are time limits in Kentucky to bring a personal injury case, so it is important to contact an attorney so that the time to bring a claim has not expired.
It is also important, particularly with a case involving a truck driver and their company. There might be evidence that could disappear over time. An attorney can send out letters to the defendants, notify them that a victim is bringing a claim, and ask them to preserve various documents and materials that could be relevant to the case. It is also important because it may be necessary to have a reconstruction of the crash performed, and if the reconstruction is delayed, physical evidence on the road and information can disappear. It is important to preserve evidence.
Call today to learn more about the unique aspects of a Louisville truck accident case and how the legal team at Becker Law can help.
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