We Get Results
Choosing Sam Aguiar Injury Lawyers for your Lexington truck accident claim means partnering with a team of lawyers known for securing significant outcomes for our clients.
Our proven track record in truck accident litigation highlights our firm’s reputation for success in handling these claims and achieving substantial recoveries, including results of:
$6.8 million, 6.2 million, $6.1 million, $6.0 million
$5.8 million, $5.2 million, $4.1 million, $4 million
$4 million, $3.6 million, $3 million, $2.5 million
$2 million, $1.8 million, $1.6 million, $1.5 million
$1.2 million, $1.1 million, $1 million
These successes demonstrate our ability to confront trucking companies and secure the compensation our clients deserve.
Why You Need a Lawyer
In a truck accident claim, having a trucking lawyer is critical.
We understand the intricacies of federal and state trucking regulations.
We’ll investigate the accident, gathering and analyzing evidence such as driver logs, vehicle maintenance records, and black box data to build a compelling case.
Negotiating with insurance companies and legal teams representing the trucking industry requires a level of experience and tenacity that a seasoned truck accident lawyer brings.
Our lawyers will combat their aggressive tactics to ensure your claim is taken seriously so you receive priority treatment.
Ultimately, our lawyers enhance your chances for a successful claim and provide peace of mind during this challenging time.
Federal Regulations in Truck Accident Cases
The Federal Motor Carrier Safety Administration (FMCSA) sets forth a comprehensive suite of regulations that govern the trucking industry nationwide, including Kentucky.
Regulations include hours of service limitations, maintenance and inspection requirements, and standards for cargo loading and securing.
Hours of Service (49 CFR Part 395)
This regulation limits the number of hours a truck driver can operate to prevent fatigue. Violations of these rules, leading to accidents due to driver exhaustion, can strongly indicate negligence.
Vehicle Maintenance and Inspection (49 CFR Part 396)
Mandates regular commercial motor vehicle inspection, repair, and maintenance. Failure to comply, resulting in mechanical failures that cause accidents, can be used to establish liability.
Cargo Loading and Securement (49 CFR Part 393)
Specifies the requirements for properly loading and securing cargo. Accidents caused by shifting or unsecured cargo can indicate violations of these standards.
Commercial Driver’s License Standards (49 CFR Part 383)
This part sets forth the qualifications required for commercial drivers, including testing and licensing. A driver’s non-compliance with CDL standards in an accident can contribute to establishing fault.
Alcohol and Drug Testing (49 CFR Part 382)
Drug and alcohol testing is required for safety-sensitive employees, including truck drivers. Evidence of non-compliance can be critical in truck accident claims, especially if substance abuse is suspected to be a factor.
Understanding and effectively leveraging these regulations is crucial for building a strong case, demonstrating negligence, and securing just compensation for injuries and losses sustained in truck accidents.
Common Injuries
Truck driving accidents can result in severe and sometimes life-altering injuries due to the significant size and weight difference between commercial trucks and passenger vehicles. Common injuries from such accidents include:
Traumatic Brain Injuries (TBI)
Collisions can cause head injuries, ranging from concussions to severe traumatic brain injuries, affecting cognitive functions and leading to long-term disabilities.
Spinal Cord Injuries and Paralysis
The force exerted in truck accidents can damage the spinal cord, potentially resulting in partial or complete paralysis, significantly impacting the victim’s quality of life and requiring extensive medical care.
Broken Bones and Fractures
The intense impact of a truck accident can lead to multiple broken bones and fractures, some requiring surgical intervention and prolonged rehabilitation.
Internal Injuries
Internal organs can be damaged in truck accidents, leading to life-threatening conditions that might not be immediately apparent but require urgent medical attention.
Lacerations and Burns
Depending on the nature of the crash, victims can suffer from severe cuts from shattered glass or burns if the accident leads to a fire, potentially resulting in disfigurement and the need for reconstructive surgery.
Wrongful Death
In some instances, a collision with a commercial truck can result in death. Speak to a wrongful death lawyer in Lexington to learn more.
Common Causes of Truck Accidents
Truck accidents can occur for various reasons, each presenting unique challenges and risks. Here are some of the key factors:
Driver Fatigue
Driving while fatigued is a dangerous practice that can lead to serious accidents.
Long hours and tight schedules can lead to fatigue for truck drivers, significantly impairing their reaction times and decision-making.
Distracted Driving
Distracted driving remains a leading cause of accidents on the road.
Truck drivers can be distracted by various sources, including cell phones, eating, and adjusting vehicle controls.
Poor Vehicle Maintenance
Trucks require regular maintenance to ensure their safety on the road.
Neglecting maintenance tasks such as brake checks, tire replacements, and inspections can result in mechanical failures and accidents.
Improper Loading
Improperly loading cargo can affect a truck’s balance and stability, making it difficult to control.
Ensuring cargo is secured and evenly distributed is vital for preventing rollovers and other incidents on the road.
Adverse Weather Conditions
Weather conditions such as rain, snow, and fog can reduce visibility and make roads slippery.
Truck drivers who do not adjust their driving speed and exercise vigilance during such conditions are more prone to accidents.
Steps to Take After a Truck Accident
Taking clear and immediate steps to protect your rights and health is essential in a truck accident. Here’s what you can do:
Ensure Your Safety
Your health and safety are the most important things after an accident.
If you can safely do so, move to a secure area away from traffic.
Check yourself and others for injuries.
Call emergency services and request medical assistance if needed.
Gather Information
Collect essential details from all parties involved.
This includes names, contact information, insurance details, and license plate numbers.
Taking photos of the accident scene, damage to the vehicles, and any visible injuries you sustained can also be beneficial.
Get the DOT Registration Number on the truck and take pictures.
The same goes for the trailers. Take pictures of all license plates.
Contact Law Enforcement
Having an official record of the accident is essential.
Contacting local law enforcement will result in a police report being filed, which can be helpful when presenting a claim.
Seek Medical Attention
Even if injuries seem minor, getting a medical evaluation is wise.
Some injuries might not be immediately evident but could have long-term effects.
Contact Us
Do not speak with the company or insurance.
Contact one of our lawyers with proven results on truck accident cases.
We will help you understand your rights and take the lead so that you can focus on healing.
Key Evidence in Lexington Truck Driving Accidents
Certain key pieces of evidence are pivotal to building a strong case in establishing liability in Lexington truck driving accidents.
Unique to these incidents, the truck’s Electronic Logging Device (ELD) data stands out, providing details on the driver’s service hours.
If FMCSA regulations are violated, this can indicate fatigue-related negligence.
Additionally, maintenance and inspection records are crucial.
They reveal whether the trucking company adhered to required standards.
They potentially pinpoint negligence in the event of mechanical failure.
Cargo loading documents also play a critical role.
Improper loading can lead to accidents, making these records essential for proving fault.
GPS data and dashcam footage from the truck can offer real-time insights into the accident circumstances.
This often further supports the victim’s claim.
Who Might Be Liable?
Understanding who can be liable in a truck accident case is crucial for addressing legal and financial responsibilities.
Several parties may share the blame depending on the circumstances of the accident.
Below are some of the most commonly liable parties in these accidents:
Truck Driver
The truck driver can be held accountable if their actions directly led to the accident.
This might happen if they were speeding, ignoring traffic signals, or driving under the influence.
As professionals behind the wheel, they must operate trucks safely and responsibly.
Trucking Company
The motor carrier might be responsible for an accident if it fails to maintain the truck properly or pushes the driver to exceed legal hours.
Companies are responsible for enforcing safety measures and ensuring their vehicles are in good condition.
A company may also be liable under vicarious liability laws, even if the company wasn’t negligent in any way.
Vehicle or Tire Manufacturer
The manufacturer could be liable if a defect contributed to the accident.
Cargo Loaders
Cargo loaders can also contribute to accidents if they improperly load or secure cargo.
When loads are unbalanced or not secured correctly, they can shift during transit.
This makes the truck more challenging to control, increasing the risk of tipping over.
Compensation
In the aftermath of a truck accident, victims may find themselves entitled to various forms of compensation.
Recoverable damages include:
Economic Damages
Economic damages cover direct financial losses resulting from the accident.
This includes medical bills for immediate and long-term care, past and future loss of income due to time away from work, replacement services, and any necessary rehabilitation or therapy. Thorough records and documentation are crucial for supporting claims for damages.
Non-Economic Damages
Non-economic damages account for intangible losses that may not have a direct price tag, but significantly impact the victim’s life.
This compensation can include pain and suffering, emotional distress, and loss of relationship.
Punitive Damages
Punitive damagesmay be awarded in cases where the responsible party’s actions involved oppression, fraud, or malice. Unlike economic and non-economic damages, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.
(2) A plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or malice.
These are typically considered in situations where the responsible party acted egregiously.
Contact Our Lexington Truck Accident Lawyers Today
If you’ve been involved in a truck driving accident in Lexington, securing the proper legal representation is crucial for navigating the complexities of your case.
From analyzing Electronic Logging Device data to scrutinizing maintenance records and cargo loading documents, we’re prepared to uncover the evidence for building a strong case on your behalf.
Our dedication to achieving the best possible outcomes for our clients means we’re committed to fighting for the compensation you deserve.
Contact Sam Aguiar Injury Lawyers today to discuss your case and learn how our Lexington truck driving accident lawyers can help you on the path to recovery and justice.
Call:
859-888-8000
Visit:
620 West Main Street
Lexington, KY 40508
