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McCoy & Hiestand: Home of the Lady Litigator

Louisville Truck Accident Lawyer

Kentucky Truck Accident Lawyer

Crashes involving medium to heavy-duty commercial trucks are often life-threatening or fatal. Because of factors like the massive weight and size and heavy onboard cargo carried by these large trucks, when collisions occur, the results can be deadly.

Passengers in other vehicles involved in a truck accident may experience severe physical or mental trauma or even death. Has your life been impacted by a commercial truck accident? If so, the Louisville truck accident lawyers from McCoy & Hiestand, PLC are ready to take on your claim.

Get the answers you need after an accident by contacting our personal injury law firm to take advantage of a free case evaluation to determine if you could be eligible for compensation.

Why Should I Hire a Louisville Truck Accident Attorney?

Unlike typical auto vehicle accident claims lawsuits for commercial truck accidents can be very complex. Many factors, such as large commercial trucking companiesmultiple insurance policies, and numerous parties sharing fault, can reduce your chances of collecting compensation if a highly experienced truck accident attorney is not handling your case.

To avoid your personal injury claim from being rejected or undervalued, hire a Louisville truck accident attorney. By doing so, you can increase your eligibility for fair compensation to recover any damages you have suffered.

Furthermore, additional factors like lost wages or permanent disabilities resulting from your truck accident will require a knowledgeable source of wisdom to ensure your family is being offered everything you are entitled to after the accident.

You may wish to consider working with our lawyers if you:

  • Believe the accident was not your fault
  • Are unable to work temporarily or permanently
  • Suffered severe injuries
  • Had to go to the emergency room
  • Require surgery or treatment
  • You are unaware of your legal rights

Common Causes of Commercial Trucking Accidents

Commercial trucking accidents that lead to personal injury claims can be caused by various factors, including:

Driver Fatigue

Truck drivers often work long hours and may not get enough rest, leading to drowsy or fatigued driving, which can significantly impair their ability to operate the vehicle safely. In such cases, the trucking company may be held liable for failing to enforce proper rest and break regulations for their drivers.

Distracted Driving

Truck drivers can be distracted by activities such as texting, using a cell phone, adjusting the radio, or eating while driving, leading to inattention and increased accident risk. A lawyer can help establish the driver’s negligence and hold the trucking company accountable for inadequate training or policies regarding distracted driving.

Improper Training or Inexperience

Inadequate training or lack of experience in handling large commercial vehicles can contribute to accidents, as truck drivers may not be prepared to handle certain road conditions or maneuvers safely. A lawyer can investigate the trucking company’s training protocols and hiring practices to determine if negligence played a role.

Speeding or Aggressive Driving

Driving at excessive speeds or engaging in aggressive driving behaviors, such as tailgating or improper lane changes, can increase the risk of accidents and make it more difficult for truck drivers to maintain control of their vehicles. A lawyer can obtain evidence, such as the truck’s black box data, to prove the driver’s reckless conduct.

Impaired Driving

Operating a commercial truck while under the influence of alcohol, drugs, or certain medications can significantly impair a driver’s judgment, reaction time, and overall ability to drive safely. A lawyer can help pursue claims against both the driver and the trucking company if they failed to enforce proper drug and alcohol testing policies.

Improper Maintenance or Equipment Failure

Failure to properly maintain the truck or its components, such as brakes, tires, or lighting systems, can increase the risk of equipment failure and accidents. A lawyer can investigate the maintenance records and hold the trucking company accountable for negligent maintenance practices.

Improper Loading or Cargo Shift

Improperly loaded or secured cargo can cause a shift in weight distribution, leading to instability and potential loss of control of the truck. A lawyer can bring in expert witnesses to analyze the loading procedures and determine liability for improper cargo securement.

Poor Weather or Road Conditions

Adverse weather conditions, such as rain, snow, or ice, and poor road conditions can make it more challenging for truck drivers to maintain control of their vehicles and increase the risk of accidents. A lawyer can argue that the driver failed to exercise reasonable caution given the known hazardous conditions.

By understanding the various causes of commercial trucking accidents and how a lawyer can help establish liability, victims can pursue fair compensation for their injuries and hold negligent parties accountable.

Common Causes of Truck Accidents in Louisville

Call Today to Learn How We Can Help After a Serious Truck Crash

How Can a Truck Accident Attorney in Louisville Help Me?

Speaking to a lawyer for truck accidents is one of the first things to do after a doctor or another medical professional has examined you. It is not uncommon for you to feel scared, overwhelmed, or angry during this difficult time. We can help your family have a better chance of winning a settlement.

During your lawsuit, your lawyer will have many roles to play to ensure the best outcome for your claim. Our Kentucky truck accident lawyers will handle every aspect of your case from the very beginning, including but not limited to the following:

  • Speaking to insurance companies
  • Investigating the accident & involved parties
  • Collecting critical pieces of evidence
  • Tracking your medical bills
  • Ensuring doctors document your injuries
  • Hiring expert witnesses to testify about your injuries & condition
  • Evaluating your claim
  • Negotiating on your behalf
  • Helping with property damage insurance claims
  • Taking your claim to trial if necessary

Types of Compensation From a Commercial Truck Accident Settlement

Commercial truck accidents can cause severe damage beyond your physical and mental well-being — your wallet may also be affected. It is not uncommon to experience financial strain or even debt. Because of your injuries, you may be unable to work or have costly medical bills to pay from your hospital stay or ongoing treatments.

You may be eligible for two types of compensation after a successful claim — economic and non-economic. Economic damages are compensatory and handle damages with dollar values attached to them, like hospital bills, property damage expenses, and lost wages.

Non-economic damages are not compensatory, and damages are categorized without a dollar value, such as emotional distress.

The types of compensation you may receive for an accident settlement include but are not limited to the following items:

  • Medical bills
  • Property damages
  • Lost wages
  • Reduced income earning potential
  • Mental anguish
  • Pain and suffering
  • Emotional distress
  • Post-traumatic stress disorder (PTSD)
  • Anxiety or depression
  • Lower quality of life
  • Past, present, and future medical treatments

What Types of Evidence Will a Lawyer Use to Support My Claim?

Solid evidence is a crucial component of a successful accident claim. To help support your claim, your personal injury attorney will access essential documents required by drivers and trucking companies.

Analyzing these documents will help your lawyer assess if negligent actions on behalf of the driver, the trucking company, or both caused your accident.

Strong evidence will help secure a fair settlement. Common documents your truck accident attorney in Louisville will review include but are not limited to the following items:

  • Black box recorders (EDR)
  • Police reports
  • Eye witness statements
  • Reports from expert witnesses
  • Traffic cameras
  • Driver logs
  • Inspection records

Who Could Be at Fault?

These claims can be tricky because one or more parties may be responsible for the accident. Because numerous people may have contributed to the accident, it is crucial to understand who could be at fault and how their actions may have led to the crash.

Once this is understood, experienced lawyers can more easily identify who could be liable for your damages.

A lot goes into caring for, maintaining, loading, and transporting a large commercial vehicle. Everyone has a responsibility, and the results can be catastrophic when the ball is dropped. Many people can be liable, including:

  • Truck drivers
  • Trucking company shipping companies
  • Cargo loaders
  • Maintenance technicians
  • Government entities
  • Other drivers
  • Vehicle and part manufacturers
  • Tire manufacturers
  • Trailer owners
  • Third-party vendors

Why Are Commercial Truck Accident Claims More Complicated Than Others?

Commercial truck accident claims are more complex because commercial trucks are large and can cause extensive damage. We can help you by providing expert legal advice and negotiating on your behalf.

The extensive damages can be overwhelming, but the number of people involved in a lawsuit can make your claim even more complicated. A commercial truck accident may be more challenging than other types of typical passenger vehicle accident claims because of reasons such as:

  • Liability is more difficult to determine due to the number of parties involved.
  • Insurance companies may reject or undervalue your claim.
  • Truck drivers and trucking companies must follow a strict set of guidelines, including state and federal regulations.
  • Your physical injuries are more severe (traumatic head injury, spinal cord injury, etc.).

Truck Accident FAQs

Can I Get a Rental Car to Drive After a Crash?

It is likely that your car will suffer extensive damage, leaving you unable to drive it until repairs have been made or you have replaced it.

Your insurance company may be able to provide access to a rental car. Our experienced attorneys can speak to your insurance company to help you secure adequate transportation.

How Much Compensation Could I Win?

There is no average settlement amount in Kentucky for a commercial truck accident claim. However, the maximum compensation awarded to injured parties after a successful claim tends to be significant in recovering damages from costly out-of-pocket expenses like medical bills, lost wages, and property damages expenses.

When Will I Get My Check Once I Have Won My Claim?

Commercial vehicle accident lawsuits can be lengthy and complicated. Insurance companies may offer a quick settlement after your accident; however, it is likely not the total amount you deserve for the damages you have suffered. Your lawyer can help you win the total amount you deserve.

How Can a Lawyer Protect My Rights?

After an accident, there are things you can do to protect yourself and your claim. Your lawyer will help you avoid damaging your claim by suggesting the following things for you to do after an accident, including the following five steps:

  • Call the police.
  • Get contact information for the truck driver and their employer.
  • Do not give insurance companies a recorded statement.
  • Take pictures of the accident scene.
  • Get medical attention as soon as possible.

Commercial Truck Accidents & Wrongful Death

Because of the severity of these incidents, it is not uncommon that some injury victims may not survive. For this reason, it is important to understand who can file for wrongful death in Kentucky.

According to the Kentucky Revised Statute § 411-130, a personal representative may file a wrongful death claim in the event of a fatal accident. A personal representative will be named in the deceased’s will. If the deceased has not named a representative or if they did not have a will, one will be appointed by the court.

After a successful claim in the event of a fatal truck accident, you may be able to recover damages such as:

  • Medical expenses (Present and future costs)
  • Funeral costs
  • Property damages
  • Pain and suffering
  • Lost wages
  • Loss of enjoyment of life
  • Loss of companionship
  • Loss of consortium
  • Loss of any potential inheritance
  • Punitive damages (punitive damages may only be awarded in cases where the fault party was especially negligent)

Contact a Louisville Truck Accident Law Firm for a Free Consultation

If you have been hurt in a truck accident, our attorneys have over six decades of combined experience and are ready to fight for you. You should not have to suffer because of someone else’s wrongful actions. McCoy & Hiestand, PLC can help you move on with your life.

The time to file your personal injury lawsuit is now. Our Louisville truck accident lawyers can help determine your eligibility for financial compensation. Get started by contacting us to schedule an appointment for a free case evaluation.

Case Results

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Failure to Diagnose Cancer

$2 Million

Trucking Accident

$2 Million

Motorcycle Accident

$1.3 Million

Wrongful Death Case

$515 Thousand

Jail Death Case

$350 Thousand

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Get in touch now to learn how our attorneys can help you get peace of mind after a trucking collision.

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