If you or a loved one were injured in a truck accident, getting the compensation you need for your injuries can be complex and confusing.
Insurance companies will do whatever it takes to ensure your case settles for as little as possible.
Choosing a top truck accident attorney in Kentucky is critical.
These cases require substantial experience, knowledge, preparation, and execution.
Building a strong case requires a thorough investigation, navigating trucking industry regulations, and oftentimes reconstructing the entire accident.
Sam Aguiar Injury Lawyers has a dedicated team focused on semi-truck, tractor-trailer, big-rig, and commercial vehicle accident cases.
SERIOUS Types of Trucking Accidents WE HANDLE
Trucking accidents come in various forms, each with distinct causes and potential implications for both victims and the legal proceedings that may follow. Some of the most common types include:
Jackknife
In a jackknife accident, the truck trailer swings out from the cab, folding like a pocket knife. This can result from sudden braking or skidding and poses a significant danger to nearby vehicles.
Rollover
Trucks, especially those carrying unsecured or uneven loads, are susceptible to rollovers. Given the size and weight of the vehicle, these incidents are often catastrophic and can cause widespread destruction.
Wide-Turn
Trucks have a far wider turning radius than typical cars, which can lead to collisions with vehicles attempting to pass by or merge near the truck’s turning path.
Underride
When a smaller vehicle becomes partially or entirely wedged under the truck in a rear-end collision, it results in an underride accident, which can lead to serious injury or fatality.
Tire Blowouts
Tire blowouts on trucks can lead to unpredictable and dangerous situations on the road.
Due to the heavy loads and long distances traveled, truck tires are subjected to tremendous stress, making them more susceptible to blowouts.
A tire blowout can cause a driver to lose control, potentially leading to multi-vehicle collisions.
Unsecured or Lost Load
Lost load accidents occur when the cargo being hauled by a truck is not correctly secured and falls onto the roadway.
This can create hazardous conditions for other drivers, leading to accidents as motorists attempt to swerve and avoid the debris.
Ensuring that loads are correctly secured is critical in preventing these accidents.
This is not an exhaustive list, but it provides a relatively comprehensive overview of the types of truck accidents that can lead to personal injury claims.
Liability in A Truck Accident
If you’ve been involved in a trucking accident, determining who is responsible is one of the most critical steps to deciding who to obtain compensation from.
Most commonly, one or more of the following parties is found legally responsible:
Truck Driver
The person behind the wheel is often the first to be scrutinized. Truck drivers can be liable if their negligence contributed to the accident.
This includes violations such as driving under the influence, fatigue from exceeding legally permitted driving hours, distracted driving, or not adhering to other traffic rules.
Trucking Company
Trucking companies can be held accountable, especially if their actions or lack thereof contributed to the accident.
This could be due to inadequate driver training, enforcing unrealistic schedules that lead to driver fatigue, or failing to perform necessary background checks on their drivers.
Maintenance Provider
Companies tasked with maintaining and inspecting trucks could be held liable if their negligence leads to an accident.
This can include improper repairs or failing to identify critical issues during inspections.
Our truck accident attorneys commonly investigate whether crashes are caused in part or whole by a mechanical failure that can be traced back to a scheduled repair.
This includes faulty brakes, tire blowouts, or defective steering components.
Cargo Loaders
Incorrectly loaded or secured cargo can lead to accidents by causing trucks to tip over or lose control.
If the loading team fails to adhere to safety standards, they can be held responsible for the accident.
Determining who is liable after a trucking accident requires help from an experienced trucking accident attorney.
What is a Black Box?
Most commercial trucks are equipped with one or more devices that record specific data about the trip, the driver, and the activities of the truck and its trailer.
People outside the trucking industry commonly call these devices “black boxes.”
The data from these devices often helps our trucking lawyers identify the root causes of the crashes.
An experienced trucking attorney will ensure this data is not lost or destroyed.
Technical names for these types of data recording devices include the following:
Electronic Control Modules (ECM)
Initially integrated into commercial vehicles to dispute invalid warranty claims, they are often used to determine liability after a truck accident.
Data from an Electronic Control Module can include a wide variety of critical items:
Engine speeds, average speeds, hard brake events, governed speeds, miles driven, seat belt usage, idling times, brake applications, gear positions, engine load, throttle position, acceleration and deceleration, vehicle stability control, following distance alerts, lane departure warnings, driver fatigue detection, ABS data, G-forces, Crash Data Recorder (CDR) or Event Data Recorder (EDR) specific data, steering input, airbag deployment, impact direction and severity, and even integrated dash camera footage.
Electronic Logging Device (ELD)
This device records the driver’s hours of service (HOS) and ensures compliance with federal regulations.
It automatically records driving time, engine hours, vehicle movement, miles driven, and location information.
Global Positioning System (GPS) Device
A GPS device tracks the vehicle’s location in real-time, provides navigation assistance, and improves route planning and efficiency.
Telematics and Fleet Management Systems
These systems collect and transmit data about the vehicle’s operation and performance, including speed, fuel usage, idle time, and maintenance needs.
It often integrates with other systems, such as ELDs and GPS devices.
Dash Cameras
Dash cams record video footage from the front, rear, and sometimes the interior of trucks and commercial vehicles. They provide critical evidence in accident cases.
Trailer Tracking Devices
These devices monitor the trailer’s location and status, ensuring it remains secure and providing valuable data on trailer utilization and efficiency.
Temperature Monitoring Systems
For trucks carrying temperature-sensitive cargo, these systems monitor and record the temperature inside the trailer to ensure the cargo remains within the required temperature range.
Tire Pressure Monitoring Systems (TPMS)
These systems monitor the air pressure in the tractor-trailer tires, alerting the driver to safety and fuel efficiency issues.
Onboard Diagnostic Systems (OBD)
OBD systems monitor the health of the vehicle’s engine and other critical systems, providing diagnostic information that can be used for maintenance and troubleshooting.
The Federal Motor Carrier Safety Administration (FMCSA) regulates trucking companies and drivers and enforces safety standards to reduce truck accidents.
Common violations of FMCSA regulations include:
Inadequate Maintenance
Despite being held to regular maintenance schedules, trucking companies and drivers sometimes try to save money by driving damaged, worn, or failure-prone equipment.
Routine maintenance can prevent a wide range of accidents by addressing issues such as brake failure, tire blowouts, faulty lights, and other critical components that can lead to catastrophic failures on the road.
Lack of truck maintenance has proven to be a major contributor to accidents.
Driver fatigue
Drivers are supposed to log their hours to ensure adequate rest between shifts on the road.
However, pressure to meet deadlines can cause them to drive beyond their natural limits.
Overweight trucks
More cargo means more profits for drivers and their employers.
However, overloading vehicles causes them to handle unpredictably and stop more slowly, compromising their ability to avoid accidents.
Lack of Driver Qualification
Driving a tractor-trailer safely requires skills and experience that take time to develop.
When companies rush new drivers onto the road without required onboarding or supervision, they can make mistakes that cause serious accidents.
Trucking accidents can result in a range of severe and life-altering injuries.
Some of the most common ones include:
Whiplash and neck injuries
Spinal cord injuries
Fractures and broken bones
Internal injuries
Nerve damage
Lacerations
Complex Regional Pain Syndrome
Comas
Death
Damages in Truck Accident Claims
In Louisville and Lexington truck accident claims, victims can seek compensation for the physical, emotional, and financial losses of such incidents.
Some damages that victims can pursue following car accidents include:
Medical Expenses (Past and Future)
Seeks to cover the medical bills incurred due to the accident, including but not limited to emergency care, hospital stays, surgical procedures, medications, rehabilitation services, and any anticipated future medical needs arising from the accident injuries.
Lost Wages (Past and Future)
Compensation for earnings lost during recovery and recuperation.
Additionally, this can extend to compensation for a reduced earning capacity if the victim is unable to resume their previous employment or earn at the same level as before the accident.
Pain and Suffering (Past and Future)
Addresses the physical discomfort and emotional distress suffered as a consequence of the accident, encompassing chronic pain, psychological conditions such as depression and anxiety, and the negative impact on the victim’s quality of life.
Emotional Distress
Covers the psychological aftermath of the accident, including stress, anxiety, depression, and potential PTSD, acknowledging the significant non-financial impact on the victim’s life.
Loss of Consortium
Awarded to the accident victim’s spouse or family for losing companionship, affection, care, and sexual relationship due to the accident injuries.
Large Trucking Companies = Big Resources
Truck accident claims often involve going up against large trucking companies and their insurance carriers with significant legal resources.
Sam Aguiar Injury Lawyers has the resources to fight back.
Our skilled lawyers level the playing field and will aggressively fight to win for you.
The Sam Aguiar Injury Lawyers trucking team hires the best experts nationwide to build our clients’ cases.
Our lawyers leverage technology to preserve and document evidence, secure footage, demonstrate injuries, reconstruct and animate the crash, analyze the discovery data, and get to the root cause of the crash.
OUR AWARD-WINNING Trucking LawyerS ARE HERe FOR YOU
A Kentucky truck accident case can be incredibly complex.
Having Sam Aguiar Injury Lawyers is crucial.
These semi-truck and commercial vehicle accidents are subject to specific legal frameworks governing commercial vehicles.
We Get Results FOR OUR CLIENTS
$6.8 Million – Distracted Commercial Driver – Central KY
$6.2 Million – Box Truck Accident – Jefferson County, KY
$ 6.1 Million – Semi-Truck Crash – Bullitt County, KY
$6 Million – Tractor-Trailer Rear End Collision – Eastern KY
$5.8 Million – Commercial Vehicle Intersection Accident – Central KY
$5.2 Million – Pedestrian Struck By Commercial Vehicle – Shelby County, KY
$4.1 Million – Distracted Big Rig Operator Interstate Crash – Northern KY
$4 – Truck Wreck (Falsified Driver Qualification File) – Eastern KY
$3.6 Million – Distracted Truck Driver – Elizabethtown, KY
$3 Million – Semi Truck Wreck – Central KY
$2.5 Million – Tractor Trailer Jackknife – Louisville
$2 Million – Trucking Accident With Log Falsification – Louisville
$1.8 Million – Semi-Truck Wreck – Undisclosed Coverage – Hardin County, KY
$1.8 Million – Truck Driver Medical Disqualification – Bullitt County, KY
$1.6 Million – Side-Swipe Trucking Accident – Louisville, KY
$1.6 Million – Dump Truck Intersection Accident – Eastern KY
$1 Million – Semi-Truck Intersection Accident – Shively, KY
$1 Million – Bus Wreck – Loss of Consortium – Central KY
$975,000 – Truck Accident – Defective Brakes – Eastern KY
$800,000 – Box Truck Crash – Illegally Parked – Shelby County, KY
FMCSR Experience Is Critical
Federal and state laws heavily regulate the trucking industry.
The Federal Motor Carrier Safety Administration (FMCSA) regulates motor carriers, commercial vehicles, and their operators.
These rules are essential.
They govern several facets of the interstate trucking industry.
They are meant to ensure that trucks are safe, that drivers are fit and capable, and that companies do not cut corners that would place the public at risk.
For example, regulations on hours of service govern the maximum length of time truck drivers can be on the road and when they must take a rest.
When followed, these regulations reduce the chances of truck drivers being overworked.
This protects other truck drivers, as fatigued driving can lead to accidents.
FMCSA states that a truck driver is limited to a 14-hour workday, of which only 11 hours are allowed for driving.
The remaining time must be spent resting and taking meal breaks.
After the 14-hour limit is reached, a truck driver must rest for at least 10 hours before beginning another day.
Additionally, when working for a trucking company, a truck driver must take at least 34 consecutive hours off after working 70 hours in eight days or 60 hours in seven days, depending on the truck company’s hours.
Nuanced Negotiation
Truck accidents carry significant damages for victims that must be proven.
There are several angles to pursue.
Multiple parties, such as the semi-truck driver, the trucking company, cargo loaders, and maintenance providers, may be at fault.
These crashes are nearly always preventable; finding the cause often allows our trucking lawyers to pursue punitive damages for reckless and callous conduct that caused them.
While insurance companies frequently attempt to minimize payouts, our trucking lawyers understand truck accident claims.
We will negotiate effectively with these companies to secure a settlement reflecting the maximum damages you have incurred.
Experienced Court Representation
Our experienced trucking litigators are prepared to take your case to trial if a settlement cannot be reached.
Our trucking team has obtained several large verdicts against companies and commercial vehicle defense lawyers who are unwilling to pay what was owed.
At Sam Aguiar Injury Lawyers, we maintain strong relationships with top truck and medical experts to provide a comprehensive and detailed understanding of the accident’s cause and its physical and financial impact on the victim.
Engaging experts in the trucking industry, crash reconstruction, medicine, and damage assessment is crucial for building a strong case in Kentucky truck accident claims.
Industry and reconstruction experts can assess whether mechanical failures, safety violations, or improper maintenance contributed to the crash and provide crucial testimony to establish liability.
Medical experts can help explain the economic extent of injuries sustained by a victim.
These professionals, ranging from emergency physicians to long-term rehabilitation specialists, offer testimony on the nature of the injuries, the necessary medical treatment received, and the prognosis for recovery.
They also project future medical costs and the impact of the injuries on the victim’s life, which is essential for accurately quantifying damages.
Contact Our Trucking Lawyers Today
A truck accident lawyer from Sam Aguiar Injury Lawyers knows Kentucky law and federal regulations, and our law firm is here to get you results.
Our trucking attorneys in Louisville, Lexington, and throughout Kentucky can determine how your accident happened.
We fight to get you the money you need for your medical bills, lost wages, pain and suffering, and all other damages you are owed.
Additionally, we operate on a No Win, No Fee Model with a Bigger Share Guarantee®, so you can relax knowing you won’t pay us anything up front and that you will always get more.
Call (502) 888-8888 or (859) 888-8000 to talk to a personal injury lawyer about your truck accident case today.
