Due to the greater risk that an 18-wheeler truck poses on the road, its operator must practice extra caution when driving. However, 18-wheeler trucking collisions can still happen in Alexandria, KY, resulting in catastrophic damage.
Fortunately, crash victims can seek compensation to recover the damages suffered. An Alexandria 18-wheeler truck accident lawyer with Isaacs & Isaacs Personal Injury Lawyers can help collect evidence and build a case for compensation on your behalf.
Who Is At Fault in an Alexandria 18-Wheeler Truck Accident?
You might assume the driver of the 18-wheeler is automatically liable for the collision. However, the liability could fall on the trucking company. The Federal Motor Carrier Safety Administration (FMCSA) requires truck owners to carry liability insurance on their vehicles.
Truckers must also follow federal and state motor carrier and traffic regulations. If the accident was caused by negligence, and the truck driver was on the clock at the time of the crash, the 18-wheeler owner or trucking company can be held liable for your damages. Their responsibility typically ends if evidence shows the driver was:
- Grossly negligent (such as drinking while driving or falling asleep due to purposely violating the hours of service)
- Intentionally causing the accident to harm you or others
- Off-duty during the accident
Other parties may be liable for the accident. For example, another motorist might have acted negligently, causing the 18-wheeler to swerve into your vehicle. Likewise, a road construction firm might be at fault for not placing enough signage at their work zone, causing the truck driver to notice the hazard too late.
Our firm’s Alexandria 18-wheeler truck accident attorney can help compile proof to establish the liable party or parties. Then, we will send a demand letter to the insurance company seeking recovery for all the damages you suffered from the accident.
For a free legal consultation with a 18-wheeler truck accidents lawyer serving Alexandria, call 800-333-9999
What Happens If You Carry PIP Insurance in Alexandria?
The Kentucky Department of Insurance requires all motorists to carry Personal Injury Protection or PIP insurance. When you are in an accident, regardless of who is at fault, PIP will help pay for injury-related costs such as:
- Medical expenses (e.g., hospitalizations, medications, doctor’s appointments) up to $10,000
- Lost earnings (if you cannot work while injured)
- Certain services (such as housekeeping if your injuries leave you unable to perform household tasks)
Keep in mind, PIP will not cover non-economic damages such as pain and suffering caused by the 18-wheeler truck accident. Nor does it pay for property damages.
Stepping Outside the No-Fault Insurance System
If you suffered severe injuries in an 18-wheeler truck accident in Alexandria, your medical costs may exceed your PIP coverage policy limits. You may step outside Kentucky’s no-fault insurance system and hold the responsible parties liable if you meet one of these conditions:
- You have already spent over $1,000 on medical expenses
- You have broken bones
- You now suffer from permanent disfigurement or disabilities
Our personal injury attorney serving Alexandria can investigate your case, determine who is liable, and file an insurance claim or civil lawsuit on your behalf.
Alexandria 18-Wheeler Truck Accident Lawyer Near Me 800-333-9999
Compensation You May Receive After an 18-Wheeler Truck Accident
If you qualify for third-party actions, our Alexandria 18-wheeler truck accident lawyer can advise you on how to proceed based on the facts of your case. You can recover two types of damages: economic and non-economic.
Economic damages account for the financial fallout you have experienced due to the accident. Financial recovery may include:
- Medical expenses (e.g., ambulance transport, hospital stays, surgeries, rehabilitation, prescription medications, assistive medical devices, etc.)
- Lost income
- Reduced earning capacity
- Property damage
- Other out-of-pocket costs
Non-economic damages account for the physical and emotional pain you have suffered due to the 18-wheeler truck accident. These may include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment
- Scarring and/or disfigurement
- Loss of consortium
- Loss of support
Our 18-Wheeler Accident Team Will Stand By You in Court
If the insurance company refuses a fair settlement, our team will not hesitate to take your case to court. We will hire an accident reconstruction specialist to recreate what happened and present your case to a jury.
Our Alexandria 18-wheeler truck accident attorney can assist you with the filing processes and represent you in court proceedings throughout the entire case duration.
Complying with the Statute of Limitations
Kentucky’s statute of limitations sets a time limit for filing your injury case. Compliance is a must, as your action will be automatically dismissed if submitted late.
Per Ky. Rev. Stat. § 304.39-230, you have two years from the date of the truck accident to file a lawsuit in civil court. If you lost a loved one due to an 18-wheeler truck accident, we would be honored to fight for justice on behalf of your family member. Ky. Rev. Stat. § 413.180 gives you one year from your loved one’s passing to file a wrongful death action.
Our truck accident team serving Alexandria can analyze your case and ensure all of the pertinent paperwork is filed on time in the proper court. Let us handle your case while you focus on your recovery.
You Can Still Seek Damages Even if You Are Partly Liable
Before filing, it would be wise to have our Alexandria 18-wheeler truck accident lawyer review everything first. This is because comparative negligence rules in Kentucky Revised Statutes § 411.182 apply to third-party actions. If you are found partly responsible for the accident, it could reduce your settlement amount.
For instance, let’s say your accident case’s value is $350,000. After reviewing all available evidence, the court finds you 30 percent at fault for speeding. Meanwhile, the 18-wheeler driver is 70 percent liable for distracted driving. That would mean you would recover 70 percent of your total damages or $245,000. We can fight for your full damages by demonstrating the truck driver is 100% at fault for the accident based on the evidence we collect.
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Call Us Today for Help
Isaacs & Isaacs Personal Injury Lawyers is ready to seek compensation for your suffering after an 18-wheeler truck collision. For nearly three decades, our attorneys have obtained settlements and court awards for accident victims like you.
Your free consultation with our truck accident team is a call away. We are ready to pursue the justice you deserve.