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 others vehicles involved in a truck accident may experience severe physical or mental trauma or even death.
According to the Traffic Collisions Facts sheet for 2020 completed by the Kentucky Department of Transportation, Kentucky experienced 8,667 commercial truck accidents that year. Of these crashes, approximately 106 fatalities were recorded.
Has your life been destroyed by a commercial truck accident? If so, the personal injury lawyers in Kentucky from McCoy & Hiestand are ready to take on your claim. Get the answers you need after a terrifying truck accident by contacting us to take advantage of a free case evaluation to determine if you could be eligible for compensation.
Why Should I Hire a Truck Accident Attorney?
Unlike typical car accident claims, lawsuits for commercial truck accidents can be very complex. Many factors, such as large commercial trucking companies, 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 truck accident claim being rejected or undervalued, hire a truck accident lawyer.
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 should hire a personal injury lawyer for truck accidents in Kentucky if you:
- Believe the accident was not your fault
- Are unable to work temporarily or permanently
- Have a lower quality of life
- You are depressed or anxious
- Suffered severe injuries
- Had to go to the emergency room
- Require surgery or treatment
- You are unaware of your legal rights
How Can a Truck Accident Attorney in Kentucky Help Me?
Speaking to a lawyer for truck accidents is one of the first things to do after you’ve been examined by a doctor or another medical professional. It is not uncommon for your to feel scared, overwhelmed, or angry during this difficult time. Truck accident attorneys can direct your family to the best 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 attorneys 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 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
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What Types of Compensation Could I Win 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 after a truck accident. 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 truck accident 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 categorize damages without a dollar value, such as emotional distress.
The types of compensation you may receive for a commercial truck 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
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What Types of Evidence Will a Truck Accident Attorney Use to Help Support My Claim?
Solid evidence is a crucial component of a successful truck accident claim. To help support your claim, your lawyer will access essential documents required by truck drivers and trucking companies. Analyzing these documents will help your lawyer assess if your accident was caused by negligence on behalf of the truck driver, the trucking company, or both.
Strong evidence will help secure a fair settlement after your truck accident. Common documents your Kentucky truck accident attorney will review after a truck accident include but are not limited to the following items:
- Black box recorders
- Police reports
- Eye witness statements
- Reports from expert witnesses
- Truck cameras
- Truck driver logs
- Records from the trucking company
Who Could Be At-Fault for a Commercial Truck Accident in Kentucky?
Commercial truck accident 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 a truck accident. Once this is understood, it is easier for lawyers to identify who could be liable for your damages.
A lot goes into caring for, maintaining, loading, and transporting a large commercial truck. Everyone has a responsibility, and the results can be catastrophic when the ball is dropped. Many people can be liable for a commercial truck accident in Kentucky, including:
- Truck drivers
- Trucking/shipping companies
- Cargo loaders
- Truck technicians
- Government entities
- Other drivers
- Truck/part manufacturers
- Tire manufacturers
- Trailer owners
- Third-party vendors
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Why Are Commercial Truck Accident Claims More Complicated than Others?
Commercial truck accident claims are more complex because of the large size of commercial trucks and the extensive damages they can cause. A Kentucky truck accident attorney can help you navigate a truck accident lawsuit by providing expert legal advice and negotiating on your behalf.
The extensive damages a truck accident can cause can be overwhelming, but the number of people involved in a truck accident lawsuit can make your claim even more complicated. A commercial truck accident may be more challenging than other types of car 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.
- Your injuries are more severe.
Commercial Truck Accident FAQs
After a truck accident, you may be unsure what to do. Given everything that you have been through — this is normal. A truck accident attorney in Kentucky can answer your questions and help you determine how to move forward after a commercial truck accident.
What if I Am Unable to Drive My Car After a Truck Accident?
It is likely that your car will suffer extensive damages from a truck accident, leaving you unable to drive it until repairs have been made or you have replaced it.
You may be able to get access to a rental car through your insurance company. Truck accident attorneys can speak to your insurance company to help you secure adequate transportation after a commercial truck accident.
How Much Compensation Could I Win?
There is no average settlement amount in Kentucky for a commercial truck accident claim. However, the compensation awarded to victims after a successful claim tends to be significant to recover damages from costly out-of-pocket expenses like medical bills, lost wages, and property damages expenses. Your lawyer can help you calculate your approximate settlement after winning a truck accident lawsuit in Kentucky.
When Will I Get My Check Once I Have Won My Claim?
Truck 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 after a commercial truck accident in Kentucky.
What Types of Rules do Truck Drivers Have to Follow?
There are rules that truck drivers must follow while on the road to keep others safe. The National Highway Traffic Safety Administration strictly enforces these rules to reduce crashes and safely transport cargo to and from each destination. The regulations that truck drivers must follow include the following:
- Valid commercial driver’s license (CDL)
- Safely carrying cargo and other types of materials or hazardous waste
- Maintaining the commercial truck
- Stopping for a mandated 30-minute break every 8 hours and not exceeding driving limits
Protecting Your Rights After a Truck Accident
After a truck 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 a commercial truck accident, including the following:
- 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.
What Is the Statute of Limitations for Truck Accidents in Kentucky?
According to the Kentucky Revised Statute § 304.39-230, truck accident victims have exactly two years from the date of the accident to file a claim with a truck accident attorney in Kentucky.
If you wait past the two-year mark, you will no longer be eligible to file a lawsuit against the responsible parties or collect any compensation.
Commercial Truck Accidents & Wrongful Death
Because of the severity of truck accidents, it is not uncommon that some victims may not survive a commercial truck accident. For this reason, it is important for truck accident victims to understand who can file for wrongful death in Kentucky with a wrongful death lawyer.
According to the Kentucky Revised Statute § 411-130, a personal representative may file a wrongful death claim in Kentucky. 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, you may be able to recover damages such as:
- Medical bills
- Funeral expenses
- Property damages
- Pain and suffering
- Lost wages
- Loss of companionship
- Loss of consortium
- Loss of any potential inheritance
Hire a Truck Accident Attorney in Kentucky
If you have been hurt in a truck accident, you have options. You should not have to suffer because of someone else’s wrongful actions. A truck accident lawyer from McCoy & Hiestand can help you move on with your life after a commercial truck accident.
The time to speak up is now. Don’t wait to get the help that you need. A top-rated Kentucky truck accident attorney can help determine your eligibility for compensation.
Get started by contacting us to schedule an appointment for a free case evaluation. We can help you win the compensation you deserve after a commercial truck accident in Kentucky.
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