Louisville Truck Accidents: Why You Need a Truck Lawyer

Fault In Weather-Related Accidents

Louisville’s residents usually experience cold and rainy weather with occasional snow from December through March. These weather conditions can significantly impact a driver’s visibility and may contribute to a truck accident. Recent data from the Kentucky State Police reveal nearly 9000 truck accidents, including 106 fatal collisions, occur annually across the state.

Due to their massive weight and size, and the force they exert, the injuries resulting from a Louisville truck accident are often far more severe than those resulting from other types of motor vehicle accidents. These injuries result in medical expenses, lost wages, and diminished earning potential, which can easily throw your finances into disarray.

If you or a loved one has been seriously injured in a Louisville truck accident, lawyers from Sam Aguiar Law will help you file a personal injury claim against the party responsible for the accident. We are committed to helping you recover the compensation you need and deserve and will fight aggressively on your behalf at every stage of the claims process. Contact our lawyers today to discuss your case.

Adverse Weather Conditions

Interstate truck drivers experience all kinds of weather as they crisscross the country delivering the much-needed supplies that keep the economy running. Bad weather conditions can impact a driver’s ability to see the road ahead and to control their rig. The most common adverse weather conditions that cause truck accidents in Louisville include the following:

Fog

Thick fog can significantly reduce visibility to less than five feet. The US Department of Transportation estimates that over 38,000 motor vehicle accidents occur annually due to fog.

High Winds

Strong and high winds on Louisville highways are particularly hazardous for large trucks. Truck compartments lack aerodynamic features, and strong winds can easily cause a truck to roll over or jack knife on the road.

Rain

Heavy rain usually reduces driver visibility and increases the risk of hydroplaning, a dangerous driving condition in which a vehicle’s tires lose traction on the road.

Snow and Ice

Heavy weight on snowy or icy roads can spell disaster for a large truck. Even in good weather conditions a truck at highway speed needs at least 200 yards of safe stopping distance. A truck requires a much longer safe stopping distance on snowy and icy roads, which is not always available when something goes wrong.

Federal Regulations

Truck drivers owe a duty of care when operating their vehicles on Louisville highways and roads. Federal regulations require drivers to be responsible for the safe operation of their trucks.

The Federal Motor Carrier Safety Regulations (FMCSR) Section 392.14 outlines the responsibilities truck drivers have when operating their vehicles in hazardous weather conditions:

Drivers must exercise extreme caution when operating a commercial motor vehicle in hazardous conditions like ice, sleet, snow, mist, dust, smoke, and rain.

Drivers should reduce their speed whenever adverse weather conditions exist on the road.

Where the conditions are extremely dangerous, drivers should pull off the road and continue the journey only when the weather conditions are safe.

Drivers should ensure there is adequate distance between the truck and other vehicles to allow for longer stopping distances.

Whenever visibility is low, drivers should use their lights to improve visibility and allow other motorists to see the truck.

Drivers must operate their trailers defensively and use sound judgment when pulling off the road.

Drivers who ignore safe driving procedures during bad weather can be held financially liable for losses sustained in a resulting truck accident.

Driver Responsibilities

The key to safe wintertime driving is adequate preparation. Among other things, truck drivers have a responsibility to do the following before driving their rigs in adverse weather conditions:

Inspect the vehicle for mechanical or safety issues and perform preventative maintenance.

Check the battery, tire tread, windshield wipers, and antifreeze level.

Equip the truck with vital gear such as a flashlight, jumper cables, flares, and a first aid kit.

Ensure that their cargo is loaded properly.

Avoid driving when fatigued, ill, or impaired by alcohol or drugs.

Determining Liability

Liability is a critical factor in every truck accident claim in Louisville. To succeed, you and your attorney will need to prove that the truck driver or the company they work for was at fault for the accident.

Generally, truck drivers have a duty of care to drive responsibly and do whatever they can to protect others from harm during adverse road conditions. Depending on the type of weather involved, a truck driver may be guilty of breaching this duty of care if they made any of the following mistakes:

Failed to use their windshield wipers

Drove while impaired by drugs or alcohol

Failed to turn on their headlights, fog lights, etc.

Drove on worn-out tires, bald tires, or tires that were not ideal for the specific weather conditions

Drove while fatigued or drowsy

Engaged in distracted driving

Drove too fast for the weather conditions

Failed to observe any of the federal regulations outlined in FMCSR Section 392.14.

Determining liability for a weather-related truck accident is often complicated and will often require the skill of an experienced personal injury lawyer, along with the testimony of accident reconstruction and other experts. At Sam Aguiar Injury Lawyers, our truck accident lawyers in Louisville have access to expert witnesses and the resources needed to prove that your truck accident was the result of negligence on the part of the truck driver, trucking company, and/or others.

“Act of God” Defense

One possible defense in a weather-related truck accident case is known as the “Act of God” defense. This applies when an accident is caused by a natural event that could not have been prevented through reasonable foresight or care. For instance, if a flash flood or tornado suddenly impacts a truck, pushing it into the lane of an oncoming vehicle, a judge or jury might determine that the driver cannot be held liable for the accident. This is because the circumstances were beyond their control. While this defense is rare, it can be applicable in cases involving extremely severe weather conditions.

Contact a Truck Accident Lawyer in Louisville Today

Proving liability for a weather-related truck accident can be complicated and often requires the skill of an experienced truck accident lawyer. If you were injured in a truck accident, an experienced truck accident lawyer from Sam Aguiar Injury Lawyers, can make a notable difference in the outcome of your case. We will prove the other driver’s liability and fight for you, so you receive adequate compensation for your losses.

Contact us today to schedule a free consultation.  Sam Aguiar Injury Lawyers are available 24/7. If you can’t come to us, we’ll come to you. Be assured we will take care of the heavy work while you heal.

Based on 719 reviews
Russhaun Townsend S.
Payton Klatt is amazing with assisting you with all the help you need and fight his a** off for you thanks for everything I WILL PROUDLY USE HIS SERVICES AGAIN 💯💯💪🏽💪🏽
Ernestine T.
I’m so thankful for Sam Aguiar and his amazing staff for being there for me. I would recommend him to anyone that needs a good lawyer that will go to the end for his clients and his staff that is so friendly and caring. I ❤️U Sam and I’m here for anything you need me for,keeping U and the family lifted up in 🙏🏾❤️🙏🏾
charise G.
I worked with Austin Johnson he was very informative and kept in contact during the whole process. Austin was easy to work with I would definitely recommend.
Derek C.
The entire team was top notch. Jordan and team kept me informed and confident during the whole process. 10/10
Austen C.
I am extremely grateful for the love and kindness they show to the community. Having multiple billboards with messages of positivity and reminding thousands of individuals of their worth and that they can make it through is a wonderful way to bring about daily moments of positive affirmations to so many people and can make a huge difference in someone's day.

I dont drive through the ville very much so i just saw them last week. I have never been a client, but i sure will be if i ever need one. I just wanted to show gratitude to you all and to thank you all so much for the differences you're making, no matter big or "small", in the courtroom and outside the courtroom.
Sharon P.
Sam Aguiiar, I want to Thank you and your team ,you guys was awesome from the beginning to the end.I will continue to recommend you guys to family and friends .again Thank you Mildre Davis
Thomas B.
Would absolutely recommend, especially if you’re anxious about the injury process, as they have a team that will be there for you and transparent every step of the way.
Khalil K.
I would like to thank Mr. Sam's office for the excellent service they provide us. I have known Mr. Sam for more than 15 years. He is a very good and respected lawyer and has wonderful employees. Thank you all. Thank you Austin and Kyle.
Tiffany D.
Nick Wilson and Christina were wonderful. I was informed through the entire process and pleased with the outcome.
malik A.
Very transparent team who worked diligently with me on my case. Regular updates were given on the case and a satisfactory conclusion was reached!
Contact Us