Truck accidents can be far more devastating than a typical automobile collision. The size and weight of the truck can result in a more powerful impact. This can potentially affect many people, automobiles, and property. If a truck struck you, you are likely confused about what to do afterward. You could be entitled to compensation from the negligent truck driver or their employer in Henderson, KY.
A Henderson truck accident attorney can assist you in navigating the claims process and negotiating a settlement. Here are some of the laws that might apply to your accident and how the attorney can help you with them.
Filing Truck Accident Claims in Henderson, Kentucky
Kentucky is a no-fault state. You must carry personal injury protection (PIP) coverage if you want to legally drive. If you meet certain requirements, you may choose not to have PIP coverage. If you purchase PIP insurance, it will cover your injury expenses for the Henderson truck accident.
Accepting the PIP coverage means you have to use it first after the accident to cover medical expenses, related out-of-pocket expenses, and possibly a percentage of lost wages. You would not be able to go straight to filing a claim against the liable trucking company. Regardless of whether you have PIP insurance or an alternate means, the law requires you to carry the minimum liability coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage per accident
- $60,000 in total liability coverage
- Uninsured motorist coverage equal in value to the bodily injury coverages
Qualifying for a Third-Party Accident Claim in Henderson
To qualify for a third-party truck accident claim is to meet the conditions in Kentucky Revised Statutes § 304.39-060. Even if you carry PIP insurance, this law states that you may file a claim or lawsuit against the trucking company if:
- Your medical expenses exceeded $1,000
- You have bone fractures
- You have permanent injuries or disfigurements
- The accident killed a loved one
Trucks Must Carry Liability Insurance in Henderson
Trucks operating in Henderson—and Kentucky in general—must carry liability insurance as mandated in Kentucky Revised Statutes § 281.655. As their size makes them more dangerous on the road, they have to carry higher coverage than most vehicles in the area. The required amount depends on the truck’s gross weight. Here is an overview of the minimum requirements.
For trucks weighing 18,000 pounds or less:
- $100,000 for bodily injuries or deaths per person
- $300,000 for injuries and deaths per accident
- $50,000 for property damage
For trucks weighing over 18,000 pounds:
- $100,000 for injuries or deaths per person
- $600,000 for injuries or deaths per accident
- $50,00 for property damage
Your truck accident lawyer can check if the trucking company carries liability insurance and who their insurer is. They will also help gather evidence of the truck driver’s liability to prove your Henderson collision claim.
For a free legal consultation with a truck accidents lawyer serving Henderson, call 800-333-9999
Filing a Truck Accident Lawsuit in Henderson
If the amount the trucking company’s insurance provider offers is not enough to cover your expenses, you could proceed with an accident lawsuit against the Henderson truck company. Henderson’s civil court will examine the statements and evidence of the accident instead of the insurance claim adjusters. The court will then determine your compensation from the trucking company.
Your truck accident lawyer can also represent you in proceedings if the case does go to court.
Consider the Statute of Limitations for Henderson Truck Accident Cases
The amount of time to file your Henderson truck accident case depends on the type of suit you want to file. For instance, claims for vehicle repairs and other property damage arising from a motor vehicle collision gives you two years to file the case under Kentucky Revised Statutes § 413.125. A bodily injury claim is generally two years under Kentucky Revised Statutes 304.39-230 but may be extended in certain circumstances. Death-related damages are generally strictly limited to one year under Kentucky Revised Statutes § 413.140. Determining the statute of limitations can be complicated and there are factors that can reduce or enlarge the time to file a claim. Our experienced lawyers can assist so you don’t miss the filing deadline.
Filing your lawsuit on time is crucial to getting compensated. The court will automatically dismiss cases that miss their deadline. Your lawyer can monitor your progress to provide what you need.
Henderson Truck Accident Lawyer Near Me 800-333-9999
Damages in Henderson Truck Accident Claims and Lawsuits
A truck accident settlement or judgment can help you recover from your expenses, which can include:
- Medical bills
- Lost wages
- Car repairs
- Other property repairs or replacements
- Funeral and burial costs
You can also get compensated for the suffering you went through, such as:
- Disfigurements (suppose you were significantly scarred)
- Loss of limb
- Emotional trauma
Our lawyers can help compile the records of your Henderson truck accident expenses and estimate your total damages.
The Comparative Fault Doctrine’s Effect on Recovery
Kentucky’s pure comparative fault rule can reduce your damages if the court or claims adjuster finds you partly at fault for the truck accident. The deducted amount will depend on the fault percentage you have.
Suppose the truck driver did not yield when they should have, but you were also speeding during the accident. The claims adjuster then decides you are 30 percent at fault. That means you can only recover 70 percent of the total damages. If the original amount was $300,000, you would only get $210,000.
Get Legal Assistance for Your Truck Accident Today
Though truck accidents can result in considerable property damage and expenses in Henderson, you file a claim to pay for your losses. Our lawyers can assist you in understanding the law and relevant filing procedures. They can also represent you in court or during settlement talks with liable parties.
For nearly 30 years, Isaacs & Isaacs Personal Injury Lawyers has handled various accident and personal injury cases for clients in Kentucky, Indiana, and Ohio. You can call for a free case review. We have obtained $1 billion for injured accident victims, and we want to help you too.