If you or a loved one were injured in a truck accident as a passenger vehicle, getting the compensation you need for your injuries can be complex and confusing. Building a strong case requires a thorough investigation, navigating trucking industry regulations, and sometimes even recreating the accident scene. Insurance companies will do whatever it takes to ensure your case settles for as little as possible.
A Louisville truck accident lawyer from Sam Aguiar Injury Lawyers knows Kentucky law and federal guidelines, and our law firm is here to assist you. Our truck accident lawyers in Louisville, Lexington, and throughout Kentucky can determine how your accident happened and fight to get you the money you need for your medical bills, lost wages, and pain and suffering. Call (502) 888-8888 or (859) 888-8000 or complete a free initial consultation form to talk to a personal injury lawyer about your truck accident case today.
Why Sam Aguiar Injury Lawyers Is The Right Choice in a Trucking Case
Choosing the best truck accident attorney in Kentucky is critically important. These cases require specialist knowledge, preparation, and execution. Sam Aguiar Injury Lawyers has a dedicated team focused on semi-truck, tractor-trailer, big-rig, and commercial vehicle accident cases. We take pride in the results. Our Louisville personal injury lawyers’ success in and track record speaks for itself.
$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
$6.0 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
$4.0 Million – Truck Wreck (Falsified Driver Qualification File) – Tennessee
$3.6 Million – Distracted Truck Driver – Elizabethtown KY
$3.0 Million – Semi Truck Wreck
$2.5 Million – Tractor Trailer Jackknife – Truck Driver Drug Usage – Louisville
$2.0 Million – Interstate Trucking Accident – Commercial Driver Log Falsification – Louisville
$1.8 Million – Rear End 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
$1.0 Million – Semi-Truck Intersection Accident – Shively KY
$1.0 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
Sam Aguiar Injury Lawyers emphasizes client-focused representation to ensure that each trucking case is handled with the utmost care and personalized attention. We understand the devastating impact a semi-truck wreck has on victims and their families, both physically and financially, and are committed to advocating tirelessly on your behalf.
Our truck accident attorney team, led by nationally recognized trucking attorney Jon Hollan, operates on a contingency fee basis, meaning clients do not pay unless they win, removing any upfront financial burden from the victim. We are your choice to put you in the best position possible to maximize the rightful compensation you deserve following a truck crash.
Why You Need a Lawyer in a Louisville Truck Accident Case
A Kentucky trucking crash case will be incredibly complex. These semi-truck and commercial vehicle accidents have specific legal frameworks governing commercial vehicles. Here’s why having Sam Aguiar Injury Lawyers is crucial in these cases:
- Understanding of Federal and State Regulations: Federal and state laws heavily regulate the trucking industry. Our experienced and dedicated trucking lawyers deeply understand these regulations, including those set by the Federal Motor Carrier Safety Administration (FMCSA), and effectively use our knowledge and resources to build you the strongest case possible.
- Standing Up to Large Trucking Companies With Large Defense Budgets: 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 have the experience and resources to level the playing field and will fiercely advocate for your rights. The trucking team at Sam Aguiar Injury Lawyers hires the best experts in Kentucky and across the county to build our clients’ cases. Our lawyers leverage the most recent technologies to preserve and document evidence, demonstrate injuries, reconstruct and animate the crash, analyze the discovery data, and get to the root cause of the crash.
- Nuanced Negotiation: Truck accidents carry significant damages for victims that must be proven. There are several angles to pursue. Fault commonly lies with the semi-truck driver, the trucking company, cargo loaders, and maintenance providers. These crashes are nearly always preventable; finding the cause often allows our trucking lawyers to pursue punitive damages for reckless and callous conduct that resulted in the crashes. While insurance companies often attempt to minimize payouts, our trucking lawyers understand truck accident claims. They will negotiate effectively with these companies to secure a settlement reflecting the maximum damages you have incurred.
- Representing You in Court: Our trucking lawyers are prepared to take your case to trial if a fair settlement cannot be reached. We have experienced litigators who will present to the judge and jury the best case for you possible. Our trucking team has obtained several large verdicts against trucking companies and commercial vehicle defense lawyers who were unwilling to pay fair damages.
Additionally, we operate on a No Fee Guarantee®, so you can relax knowing you won’t pay us attorney’s fees until our lawyers get the money you are owed from the trucking company.
Types Of Trucking Accidents In Louisville
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 Accidents
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 Accidents
Trucks, especially those carrying unsecured or uneven loads, are susceptible to rollovers. These incidents are often catastrophic, given the size and weight of the vehicle, which can cause widespread destruction.
Wide-Turn Accidents
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 Accidents
When a smaller vehicle becomes partially or completely wedged under the truck in a rear-end collision, it results in what’s known as 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 the long distances traveled, truck tires are under tremendous stress, making them more susceptible to blowouts. A tire blowout can cause a driver to lose control, potentially leading to multi-vehicle collisions.
Lost Load Accidents
Lost load accidents occur when the cargo being hauled by a truck is not properly 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 fairly comprehensive overview of the types of truck accidents that can lead to personal injury claims.
What Are FMCSA Regulations?
The Federal Motor Carrier Safety Administration (FMCSA) regulates how long a truck driver can be on the road and when they must rest. These rules are meant to protect truck drivers from being overworked and to protect other truck drivers on the road, as fatigued driving can lead to accidents.
FMCSA states that a truck driver is limited to a 14-hour workday. Within these 14 hours, only 11 hours are allowed to be spent 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.
“They took care of me during my wreck, got me the help I needed, and were a blessing throughout the whole process!”
-Kristy Spalding
What is a Truck Black Box?
Most commercial trucks are equipped with one or more devices that record certain data about the trip, the driver, and the activity of the truck and trailer. People outside the trucking industry commonly call these devices “black boxes.” Technical names for these types of data recording devices include the following:
- Electronic Control Modules (ECM): Originally integrated into commercial vehicles to dispute invalid warranty claims, they are often used today to discern liability after a truck accident. Data from an Electronic Control Module can include 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 and monitors 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 like ELDs and GPS devices.
- Dash Cameras: Dash cams record video footage from the front and sometimes the rear and interior of the trucks and commercial vehicles. They provide evidence in case of accidents, help improve driver behavior, and enhance overall safety.
- Trailer Tracking Devices: These devices are used to monitor the location and status of the trailer, 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.
These devices collectively help motor carriers ensure compliance with regulations, improve safety, enhance operational efficiency, and maintain the overall health of the vehicle fleet. The data from these devices often helps our trucking lawyers identify the root causes of the crashes.
Regulations only require trucking companies to preserve certain data for certain periods. This gives trucking companies and fleet management software vendors the right to destroy any information not subject to mandatory keeping or litigation hold. An experienced and successful trucking attorney will ensure this data is not lost or destroyed.
Common FMCSA Violations
Trucking companies and truck drivers are regulated by the Federal Motor Carrier Safety Administration (FMCSA), a government agency that 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. 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.
- Overloaded trucks: More cargo means more profits for drivers and their employers. However, overloading vehicles causes them to handle unpredictably and stop slower, compromising their ability to avoid accidents.
- Lack of training: Driving a tractor-trailer safely requires skills and experience that take time to develop. When companies rush new drivers onto the road without proper supervision, they can make mistakes that cause serious accidents.
No matter how your truck accident happened, our trucking accident attorneys are ready to help determine who was responsible and fight for your rights to compensation.
Consequences Of Improper Truck Maintenance
Maintenance is paramount to truck safety, and any negligence during regular check-ups or repairs can lead to accidents on the road. Routine maintenance can prevent a wide range of accidents by addressing issues like brake failure, tire blowouts, faulty lights, and other critical components that can lead to catastrophic failures while on the road.
Common Truck Accident Injuries
Trucking accidents can result in a range of injuries, which are often severe and life-altering. Some of the most common ones include:
- Whiplash and neck injuries
- Spinal cord injuries
- Traumatic brain injuries
- Fractures and broken bones
- Burn injuries
- Internal injuries
- Nerve damage
- Concussions
- Lacerations
- Complex Regional Pain Syndrome
- Comas
- Death
By understanding these potential injuries, victims and their families can better comprehend the treatment processes and potential long-term effects.
Damages in Liuisville Truck Accident Claims
In Louisville and Lexington truck accident claims, victims can seek compensation for such claims’ physical, emotional, and financial impacts. Some damages that victims can pursue following car accidents include:
- Medical Expenses: 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: Compensates for earnings lost during recovery and recuperation. Additionally, this can extend to compensation for a reduced earning capacity, should the victim be unable to resume their previous employment or earn at the same level as before the accident due to their sustained injuries.
- Property Damage: Aims to reimburse the cost of repairs or replacement for the victim’s vehicle and any other personal belongings damaged in the truck accident.
- Pain and Suffering: 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 from the accident injuries.
What If A Loved One Dies In A Trucking Accident?
When a trucking accident results in the tragic loss of a loved one, the surviving family members may have the option to file a wrongful death claim. This legal action seeks compensation for the survivors’ losses, such as lost wages from the deceased, lost companionship, and funeral expenses.
In Kentucky, wrongful death actions must be initiated by the personal representative of the deceased person’s estate.
Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death of the person who caused it or whose agent or servant caused it. Punitive damages may be recovered if the act was willful or gross negligence. The action shall be prosecuted by the personal representative of the deceased.
This representative, often an immediate family member like a spouse or an adult child, may serve as the executor or administrator.
The compensation received from a wrongful death claim generally benefits the deceased’s immediate family members, like the spouse, children, and sometimes parents of the deceased.
Establishing liability in a wrongful death case stemming from a trucking accident requires a detailed understanding of the events leading to the accident. This might involve proving negligence by the truck driver, the trucking company, maintenance providers, or even manufacturers of faulty vehicle components. Speak to a wrongful death attorney in Louisville for more information.
Who Can Be Held Liable In A Truck Accident?
If you’ve been involved in a trucking accident, determining who is responsible is one of the most important steps to determining 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 played a role in 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 in performing these duties 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 traces 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.
Expert Witnesses in Louisville Truck Accident Claims
Utilizing trucking industry experts, crash reconstruction experts, medical experts, and damages experts in Kentucky truck accident claims can be critical to building the strongest case possible. With their deep understanding of industry standards, vehicle mechanics, and safety regulations, truck experts play a key role in investigating the accident. They 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 to 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.
At Sam Aguiar Injury Lawyers, we have great relationships with the best 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.
Statute of Limitations in Louisville Truck Accident Claims
The statute of limitations for truck accident claims is a critical legal deadline that dictates how long a victim has to file a truck accident lawsuit after an accident. Failing to file a truck accident lawsuit within specific time frames may result in losing the legal right to seek compensation through the court system, regardless of how strong your case is or the extent of your injuries. Therefore, victims of truck accidents in Kentucky need to consult with our experienced personal injury attorneys as soon as possible after the accident.
Contact Our Louisville Truck Accident Lawyers Today
If you or a loved one has been involved in a Kentucky truck accident, don’t hesitate to contact Sam Aguiar Injury Lawyers for our legal assistance. Our team of dedicated and experienced accident accident lawyers in Louisville are committed to fighting for the rights and compensation of accident victims. We understand the complexities of truck accident claims and are ready to navigate the legal system to advocate for your best interests.
At Sam Aguiar Injury Lawyers, we believe in providing personalized attention to each client, ensuring that your case is handled with the care and urgency it deserves. Contact us today to schedule a free, confidential case evaluation. Let us help you on your path to recovery and justice.