Truck accidents unfortunately happen often. According to the Kentucky Transportation Cabinet (KYTC), there were 8,703 truck collisions in the year 2020. Approximately 1,300 of those incidents involved non-fatal injuries and over 100 resulted in death. If you were in an accident with a truck in Kentucky, you might be entitled to financial compensation. Consulting a truck accident lawyer could help you navigate the complex legal process.
What are My Legal Options if I Was Injured in a Truck Accident in Kentucky?
Kentucky law allows you to file for damages if you are involved in a truck accident. However, since various factors can cause a truck accident, each claim is handled differently.
File a Claim With Your Insurer
Kentucky is a choice no-fault state and requires all drivers to have Personal Injury Protection (PIP) insurance unless they waive coverage. This means that the injured person’s own PIP insurance is responsible for up to $10,000 in financial losses associated with a car accident for both drivers and passengers, regardless of who caused the accident.
File a Civil Lawsuit
Depending on your insurance coverage and the extent of your injuries and losses, you may be able to file a civil lawsuit if negotiations between your personal injury attorney and insurance representatives don’t pan out.
Motor accidents often result in costly medical bills and other expenses. If the damages associated with your accident amount to more than your $10,000 PIP limit, you could pursue additional compensation from the at-fault party. However, you can only sue liable parties if your case meets a certain threshold, including:
- The medical costs amounted to at least $1,000
- You suffered serious injuries, such as broken bones
- You sustained permanent disfigurement or loss of body functions
- The accident was fatal for a loved one
You have two years from the date of the accident to file a lawsuit in Kentucky, per Ky. Rev. Stat. § 304.39-230. If your bills were paid by your PIP insurance, you have two years from the date of the last PIP payment to file.
For a free legal consultation, call 800-333-9999
What Damages Can I Claim After a Truck Accident?
Damages are essentially meant to restore the victim’s quality of life to how it was before the accident. For car crash victims who sustain severe and life-changing injuries, these damages are designed to make the rest of their lives comfortable. If a truck accident is fatal, the victim’s family members may also be entitled to funeral compensation.
Ideally, the compensation you receive should be enough to cover the following:
- Current and future medical bills
- Lost wages and loss of earning capacity
- Cost of replacement services (i.e., if your injuries affect your ability to drive)
- Burial and funeral costs if a loved one died from the truck accident
The compensation you receive is dependent on the unique details of your case. Your personal injury attorney can help you assess all these factors and advise you on your legal options.
What are the Causes of Truck Accidents?
Road accidents that involve trucks tend to be much more dangerous than crashes with regular-sized passenger cars. In most cases, truck accidents are caused by one or more of the following reasons:
- Defective brakes
- Poor or improper load securement
- Tow hitch failure
- Tire failure
- Truck driver fatigue or exhaustion
- Negligent or reckless driving
- Bad weather
- Poor road conditions
These crashes usually result in severe and often life-changing injuries. Coupled with mounting medical bills, the fallout from a truck accident can be extremely stressful. Fortunately, car accident victims are often entitled to various damages, depending on the severity of their injuries.
Contact Isaacs & Isaacs Personal Injury Lawyers for a Free Case Review
Has a truck accident in Kentucky left you injured and facing financial distress? Isaacs & Isaacs Personal Injury Lawyers can help you weigh your legal options and determine the best way to move forward. We have recovered $1 billion in settlements for our clients and have a combined legal experience of 400 years.
We’re ready to use our expertise to help get you the compensation you deserve, whether through negotiations or litigation. Contact us today for a free case review. We require no upfront fees and costs to start pursuing your case.