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. All the while, insurance companies will do whatever it takes to ensure your case settles for as little as possible.
A truck accident lawyer from Sam 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 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 complete a free initial consultation form to talk to a personal injury lawyer about your truck accident case today.
Meet Sam Aguiar – Your Louisville Truck Accident Attorney
Celebrated as a leading plaintiff trial lawyer in Kentucky, Sam Aguiar goes beyond conventional legal practices. His dedication to pioneering approaches, outstanding client support, and vibrant community involvement sets him apart as a top-tier truck accident attorney in Louisville, a significant community influencer, and a fervent champion for equity. For his work both in and out of the courtroom, he has been recognized by numerous legal organizations including:
- The National Trial Lawyers, Top 40 Under 40
- The National Trial Lawyers, Top 100 Trial Lawyers
- Rue Ratings, Best Attorneys of America
- Martindale-Hubbell, BV Distinguished Peer Review Rated
Why Sam Aguiar Is The Right Choice in a Louisville Trucking Company Accident Claim
Choosing a truck accident attorney in Louisville is a sound decision as these types of cases are some of the most successful we see. Our personal injury lawyers in Louisville’s success in handling complex truck accident cases is apparent, as we let our track record speak for itself.
$3.6 MILLION, $3 MILLION, & $2 MILLION on three separate truck claims
$2.5 MILLION & $1.8 MILLION in wrongful death claims related to truck accidents
$1.6 MILLION, $1.4 MILLION, $800,000, & $750,000 from three truck accidents
At Sam Sam Aguiar Injury Lawyers, our car accident lawyers in Louisville emphasize client-focused representation to make sure that each case is handled with the utmost care and personalized attention. We understand the devastating impact a truck accident has on victims and their families, both physically and financially, and are committed to advocating tirelessly on your behalf.
Our truck accident attorneys operate 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 Trucking Company Accident Claim
A Louisville truck accident claim can be incredibly complex, given the severe impacts of such accidents and the intricate legal framework governing commercial trucking. Here’s why having one of our lawyers is crucial in these cases:
- Understanding of Federal and State Regulations: The trucking industry is heavily regulated by both federal and state laws. Our experienced lawyers have a deep understanding of these regulations, including those set by the Federal Motor Carrier Safety Administration (FMCSA), and effectively use our knowledge to build you the strongest case possible.
- Standing Up to Large Trucking Companies: Truck accident claims often involve going up against large trucking companies and their insurance carriers with significant legal resources. Our skilled lawyers have the experience and resources to level the playing field and will fiercely advocate for your rights.
- Negotiation Expertise: Determining liability in truck accidents can be complicated, involving multiple parties such as the truck driver, truck company, cargo loaders, and maintenance providers. Insurance companies often attempt to minimize payouts. Our lawyers understand truck accident claims and will negotiate effectively with these companies to secure a settlement reflecting the maximum damages you have incurred.
- Representing You in Court: If a fair settlement cannot be reached, our lawyers are prepared to take your case to court. We have experienced litigators who will present to the judge and jury the best case for you possible.
Additionally, we operate on a No Fee Guarantee® so you can relax knowing you won’t pay us attorney’s fees unless our lawyers get money for you from the trucking company.
Types Of Trucking Accidents
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 trailer of a truck swings out from the cab, folding in a manner that resembles a pocket knife. This can be the result of sudden braking or skidding and poses a significant danger to any 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 they carry 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 types of accidents.
This is not an exhaustive list, but provides a fairly comprehensive overview of the types of truck accidents that can lead to personal injury claims
What Are FMCSA Regulations?
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 is required to 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 a device that acts as a log book and records certain data about the truck’s behavior often referred to as a “black box.” The technical name for this equipment is an Electronic Control Module (ECM). Originally integrated into commercial vehicles as a way to dispute invalid warranty claims, they are often used today as a way to discern liability after a truck accident.
These black boxes record data that could be crucial in a personal injury claim, however, the equipment only keeps data for about 30 days before it begins recording over past information. Additionally, some states rule that data coming from black boxes is the property of the truck company, therefore giving them the right to destroy any information unless they are restrained by the court. Data from an Electronic Control Module can include:
- Average speed – The black box records the truck’s average speed over a period of time, providing insights into the driver’s overall speed management.
- Maximum speed reached – They capture the highest speed the truck reached, which can indicate instances of speeding or reckless driving.
- Amount of time spent driving over 65 miles per hour – This data shows how much time the truck was driven at speeds exceeding 65 mph, potentially highlighting violations of speed limits.
- Average RPM – The device logs the average revolutions per minute (RPM), offering details on the engine’s operational efficiency and driving behavior.
- Airbag performance – They record airbag deployment and performance during an accident, crucial for understanding the impact severity and safety system response.
- Seat belt usage – A truck company black box tracks if and when seat belts were used, which can be significant in assessing both driver and passenger safety practices.
- Idling time – It is usual for a truck company to document the duration of time the truck remains idle, which can reflect on driver habits and operational efficiency.
Truck Accident Causes In Louisville
Trucking companies and truck drivers are regulated by the Federal Motor Carrier Safety Administration (FMCSA), a government agency that enforces safety standards designed 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 of accidents.
- Driver negligence: Drivers are supposed to log the hours they drive to ensure they get adequate rest between shifts on the road. But pressure to meet deadlines can cause them to keep driving beyond their natural limits.
- Overloaded trucks: More cargo means more profits for drivers and their employers. But overloading vehicles causes them to handle unpredictably and stop slower, which can compromise 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 accidents 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. Any negligence in 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.
Regulatory Compliance and Truck Safety
Federal and local authorities have regulations in place to ensure that trucks are properly maintained and regularly inspected. Despite these regulations, accidents still occur due to either a lack of compliance or oversight.
Filing a Lawsuit for Improper Truck Maintenance
In the event of an accident stemming from poor truck maintenance, victims and their families may have legal recourse to file a lawsuit against the trucking company or any other third party responsible for the upkeep of the truck. Doing so can lead to compensation and serve as a deterrent for future negligence in truck maintenance.
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
By understanding these potential injuries, victims and their families can better comprehend the treatment processes and potential long-term effects.
Damages in Louisville Truck Accident Claims
In Louisville truck accident claims, victims can seek compensation for the physical, emotional, and financial impacts of such claims. Some damages that victims can pursue following car accidents include:
- Medical Expenses: Seeks to cover the entirety of 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 the period of 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.
- Loss of Enjoyment of Life: Compensates for the victim’s inability to partake in hobbies, leisure activities, and daily routines they enjoyed prior to the accident, as a result of the injuries incurred.
- 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 the loss of companionship, affection, care, and sexual relationship stemming 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 from the person who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. 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 on the part of the truck driver, the trucking company, maintenance providers, or even manufacturers of faulty vehicle components.
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 you can take so you can figure out 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.
Manufacturer
If the accident was caused by a mechanical failure that traces back to a manufacturing defect, the vehicle or parts manufacturer could be liable. This includes issues like faulty brakes, tire blowouts, or defective steering components.
Pedestrian
In some cases, a pedestrian might contribute to a trucking accident, especially if they suddenly step into traffic, ignore signals, or engage in distracted walking without paying attention to their surroundings.
Another Driver
Another driver on the road could inadvertently cause a trucking accident. This could happen through abrupt lane changes, driving unpredictably, or causing a chain reaction that forces the truck into a dangerous maneuver.
Maintenance Companies
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.
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 truck experts and medical experts in Louisville truck accident claims can be critical to build the strongest case possible. Truck experts, with their deep understanding of industry standards, vehicle mechanics, and safety regulations, 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 Sam Aguiar Injury Lawyers, we have great relationships with the best truck and medical experts to provide a comprehensive and detailed understanding of both the cause of the accident 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 after an accident to file a truck accident lawsuit. KRS 413.140(1) applies to actions for personal injury. For personal injury claims resulting from a truck accident in Kentucky, the statute of limitations is generally one (1) year from the date of the accident. Per KRS 413.180, if the truck accident resulted in a fatality, the family or estate of the deceased has one (1) year from the date of death (which may be different from the date of the accident) to file a wrongful death claim.
Failing to file a truck accident lawsuit within these time frames usually results in the loss of the legal right to seek compensation through the court system, regardless of how strong your case is or the extent of your injuries. Therefore, it’s essential for victims of truck accidents in Louisville 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 Louisville truck accident, don’t hesitate to reach out to Sam Sam Aguiar Injury Lawyers for our legal assistance. Our team of dedicated and experienced truck accident lawyers is 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 Sam Aguiar Injury Lawyers, we believe in providing personalized attention to each of our clients, 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.