Morrin Law Office
TRUCK ACCIDENT ATTORNEY IN RICHMOND, KY
In the blink of an eye, a commercial truck accident can turn your life upside down. The sheer size and weight of these massive vehicles can cause catastrophic damage, leaving victims with devastating injuries, mounting medical bills, and emotional trauma.
Navigating the legal complexities surrounding commercial truck accidents requires expertise and a comprehensive understanding of the laws and regulations that govern the truck industry. If you or a loved one have experienced such an unfortunate event resulting in injury or wrongful death, it is crucial to understand your rights and options for seeking justice through a personal injury claim.
Contact Morrin Law Firm
The personal injury attorneys at Morrin Law Firm have years of experience fighting to win back the lives of those who have been injured in a truck accident. We are dedicated to our clients, ensuring their rights are protected throughout this tiring time. Contact our office today at (859) 358-0300 to receive a free consultation regarding your personal injury case.
Types of Truck Wrecks
According to the Kentucky Transportation Cabinet (KYTC), a truck is defined as a vehicle with a registered weight of 10,000 pounds or more.
The following lists different types of truck accidents:
- Jackknife accident – When the cab of a truck turns sharp enough to fold back towards the trailer, often resulting in the cab detaching from the trailer.
- Rollover accident – When a truck falls on its side or lands upside down, often resulting in crushing other vehicles or anything surrounding it.
- Override accident – When a truck rides over a smaller vehicle, which often occurs from tailgating.
- Underride accident – When a motor vehicle physically goes underneath the back of a truck. This can occur when a truck does not have the proper safety guards in place.
- Head-on collision – When the front of a truck and the front of another vehicle collide while traveling in opposite directions.
Additionally, common causes of truck accidents include the following:
- Driver fatigue;
- Aggressive driving;
- Unbalanced load;
- Broken or worn-down breaks;
- Inoperable lights; or
- Unsecured load.
Data on Truck Accidents in Kentucky
According to the 2020 Kentucky Traffic Collision Facts, there were an estimated 178,214 vehicles involved in collisions. There were 8,667 vehicles involved in truck collisions. Out of those, there were 106 recorded fatalities and 1,315 non-fatal injury collisions. Truck collisions accounted for 5% of all vehicle wrecks, and 9% of vehicles involved in fatal collisions.
The following lists the contributing vehicular factors from truck accidents in 2020:
- Defective Breaks – 77 collisions
- Defective Headlights – 2 collisions
- Other Lighting Defects – 22 collisions
- Steering Failure – 12 collisions
- Tire Failure – 105 collisions
- Tow Hitch Failure – 35 collisions
- Overload/Improper Load – 7 collisions
- Oversized Load – 37 collisions
- Load Securement – 134 collisions
- Other – 255 collisions
Determining At-Fault Party
After getting in a truck accident, it is important to identify the at-fault party.
A personal injury lawsuit for a truck accident may be brought against any of the following:
- The trucker;
- The trucking company;
- The manufacturer of the truck or a particular part of the truck; or
- The mechanic who worked on the truck.
Determining the at-fault party will determine on the specific circumstances regarding your case. An investigation into the crash and its cause can include a review of the following:
- Accident reconstruction;
- Logbooks or maintenance records; or
- Compliance with government regulations applying to the trucking industry.
Commercial truck vehicles who engage in interstate commerce carry a higher liability than those involved in passenger vehicle wrecks in Kentucky. That means if you are injured in a truck accident, you may be eligible for a larger amount of compensation than those who are injured in a passenger car crash.
Hiring an attorney who is familiar with all aspects of trucking safety regulations and truck accidents is crucial to your personal injury case. Contact an experienced truck accident attorney in Richmond, Kentucky to discuss your options for litigation.
What to Expect When Pursuing a Truck Accident Recovery
After establishing fault, you can prepare for your truck accident recovery. Pursuing fair compensation for a truck accident injury requires deep resources and access to a knowledgeable attorney.
Following a truck accident, the truck’s company will deploy an accident response team who are equipped to survey the scene of the accident. They will likely start to build a defense for the truck driver immediately. Truck companies are well financed and shrewd, meaning they will make it their top priority to disprove the driver’s fault.
In addition, an insurance adjuster will contact you soon after the truck accident to get you to accept a settlement. While the insurance company may seem nice and concerned for your well-being, they will still try and talk you into accepting as low of a settlement as possible. We highly advise you not to accept an insurance adjuster’s offer without first consulting with a skilled personal injury attorney.
It is vital to hire a truck accident attorney who knows how to successfully negotiate with both truck and insurance companies. Morrin Law Firm advises you to not give any statements, sign any settlements, or sign any forms before first contacting us at (859) 358-0300.
Damages to Recover in a Truck Accident
If your personal injury claim is successful with the insurance company or with the court, then you may be able to receive compensation to recover any past, current, or future damages, including:
- Medical expenses
- Lost wages
- Pain and suffering
- Funeral expenses (in wrongful death cases)
- Any other accident-related expenses
The specific factors of the truck accident will help determine the severity of your injuries, how they have impacted on your life, and how much compensation shall be awarded. Once you accept any settlement, you will not likely be able to receive any additional compensation in the future. Consult with a personal injury attorney to discuss fighting for a fair settlement for your claim.
What to Do After an Accident Involving a Commercial Truck
Following a truck accident in Richmond, Kentucky, you may be left feeling both pain and confusion about what to do next. The following lists the steps you should take after getting in a truck accident:
- Seek Medical Attention – It is important to always seek medical attention after any accident to receive documentation regarding your accident-related injuries.
- Receive Police Accident Report – An accident report from Kentucky law enforcement will contain important evidence and fault findings such as:
- Information of those involved in the wreck;
- Witness statements and contact information; and/or
- Arrests or citations from the wreck.
- Send Spoilation Letters – Spoilation letters are formal written notices directing a party in a wreck to retain evidence relating to a legal claim. They may also be referred to as litigation hold letters.
- Return to Accident Scene – In some cases, returning to the scene of the accident can result in uncovering additional evidence that was not apparent immediately after the wreck.
- Keep all Important Documents – We highly advise keeping any medical records or documentation of your injuries, treatment, and recovery costs.
- Create Electronic Records of Evidence – You may want to consider creating backup records of your evidence by developing electronic versions.
Most importantly, you should contact an attorney experienced in personal injuries relating to truck accidents.
Process for Filing a Truck Accident Injury Lawsuit
The process for filing a truck accident claim begins with filing an insurance claim with the at-fault insurance company, or by filing a lawsuit in the proper Circuit Court. Since the insurance company is involved from the very beginning, it is highly advisable to hire a personal injury attorney who can speak to the insurance company on your behalf and ensure you fight for fair compensation.
It is essential that you collect evidence of the accident to support your personal injury claim. Important evidence to document in a Kentucky truck accident case includes:
- Truck driver’s record of duty status or “logbook”
- Truck video monitor recordings
- Automatic on-board recording devices
- Truck maintenance records
- Truck driver’s drug and alcohol records
- Images or videos of the accident scene
- Images or videos of your injuries
- Police collision reports
- Witness statements
It is important to have evidential proof indicating that the truck driver, driving company, or other party was negligent and caused the accident due to the negligent behavior, which resulted in your injuries.
Kentucky Statute of Limitations
Kentucky Statute Section 413.125 explains that the statute of limitations—or allotted time for filing a personal injury claim—is two years from the date of the truck accident, or from the date of the determined injury.
Keep in mind that you should always file as soon as possible. Waiting longer to file a personal injury claim can result in loss of evidence or witness statements. Although the statute has a two-year limit, waiting that long can result in your case getting barred. That means you would be unable to pursue a personal injury claim. Contact Morrin Law Firm as soon as possible to discuss your case details and begin working on your personal injury claim.
Filing for Wrongful Death After a Truck Accident
Losing a loved one is the worst possible outcome from a roadway accident. When your family is dealing with the pain and suffering of the loss, it may be difficult to focus on the legal implications, documents, and options for litigation. However, it is extremely important that you receive fair compensation for the wrongful death.
When filing a wrongful death suit, there must be a personal representative of the deceased’s estate that is recognized as the executor of the estate. As a personal representative, that person would act on behalf of the deceased person’s beneficiaries, spouse, and children (if any), or in some cases other surviving relatives. Without a will, the representative would be considered the administrator of the estate.
Contact the skilled wrongful death attorneys at Morrin Law Firm for any questions or concerns you have regarding wrongful death in Kentucky.
The Importance of Having an Experienced Kentucky Truck Accident Attorney on Your Side
Having the right attorney can make all the difference in a personal injury claim. Following a truck accident, the truck and insurance company will have a defense team working hard to take the blame off the driver or truck company. When fighting for a fair recovery, you want an attorney on your side who is prepared to fight for you.
Morrin Law Office uses specific resources to help reconstruct accident scenes, so the jury has a clear view of who was at fault. We work with Gray and White Law who are experts and forerunners in accident reconstruction. They use computer animation and other resources and have reconstructed some of the largest traffic disasters in the United States.
If you or someone you love has experienced pain and suffering relating to a truck accident, it is in your best interest to contact an experienced attorney as soon as possible. Our lawyers will handle all communication while you focus on recovering and getting your life back on track. Call our office today at (859) 358-0300 and receive a risk-free consultation.