If you or someone you know was involved in a truck accident in Independence, Kentucky, or the surrounding areas, you may be able to recover damages for the losses you have suffered. Our Independence truck accident lawyers are here to protect your rights and fight for the compensation you need to address your injuries and expenses.
A truck-on-passenger vehicle collision can completely turn your world upside down and leave you uncertain about the future. Our team at Isaacs & Isaacs Personal Injury Lawyers can help you hold the liable parties accountable for their negligent actions. Free consultations are available.
Recoverable Damages After a Truck Accident
Victims in a truck accident often face debilitating repercussions. From substantial physical injuries that require expensive, ongoing treatment, having to take time off from work for recovery, and potentially long-term pain and trauma, truck collisions can change every facet of your life.
While what happened cannot be undone, truck accident claims and lawsuits offer powerful avenues through which you can buffer some of the financial challenges this collision has left you with. Depending on the circumstances of your specific case, here are some of the damages you may be able to recover:
- Past and future medical and rehabilitation bills
- Medication expenses
- Cost of ambulance rides and other transportation to and from medical facilities
- Loss of income during the recovery period and in the future
- Funeral and burial expenses if you have lost a loved one in the truck collision
- Accident-related pain and suffering and mental anguish
- Loss of consortium
- Scarring and disfigurement
Some of the damages are not measurable outright. Hence, it may be difficult for an untrained eye to convert them into dollar amounts. A knowledgeable truck accident attorney from our firm can investigate your case in-depth to identify all the compensable damages you have sustained. Then, using our experience from previous cases, we will calculate an appropriate settlement offer that encompasses your tangible and intangible losses.
We Can Determine Who Is Responsible for Your Suffering
Truck drivers tend to be the primary party investigated for the crash. Their behavior before, during, and after the collision is examined to determine if they violated any Federal Motor Carrier Safety Administration (FMCSA)-enforced regulations. Still, truck drivers are not the only ones that can be held responsible for an accident. Other potential defendants include:
The Trucking Company
A trucking company has a duty to ensure its drivers are sufficiently trained in operating commercial vehicles. The company is also responsible for performing thorough maintenance checks on each truck and conducting drug tests on drivers before they hit the road. If the accident occurs while under the scope of the driver’s employment, then the trucking company may hold liability for its employee’s negligent actions.
The Cargo Company
Usually, a separate shipment company is hired to load the cargo onto a truck. That company must ensure all the cargo is secured inside the truck and meets the weight restrictions. Otherwise, it can cause the vehicle to swerve or roll over during transit.
Improperly loaded cargo can also fall off the truck and become a road hazard. A shipment company can be held liable if the truck was overloaded, left loose, unevenly distributed, or if an unqualified worker loaded the cargo.
Manufacturers and Maintenance Teams
Sometimes accidents result from defective brakes, broken headlights, worn-out tires, and other defective auto parts. If it is found that a failed truck part was responsible for the collision, the person or team that performed the truck’s maintenance may be held liable. Partial blame may also lie with the truck or part manufacturer if it is shown that a part was known to be defective or was recalled for being faulty.
Various city, county, and state-related government entities are responsible for maintaining road conditions. If the accident occurs due to untreated potholes, design flaws, broken traffic lights, or an absence of highway barriers, then the responsible government entity’s negligence can be at-fault.
A government entity can also be held accountable if the truck is a government vehicle. Examples of such a vehicle include school buses, mail trucks, garbage trucks, ambulances, and more.
Proving Negligence in a Truck Accident Case
Once you know who is responsible for the accident, you need to prove their negligence to the insurance company or court to obtain compensation successfully. To be able to prove a defendant’s fault legally, you must demonstrate four elements of negligence:
- The defendant owed you a duty of care.
- The defendant breached the duty of care.
- This breach caused the accident.
- This accident resulted in your injuries and other compensable damages.
Additionally, note that Kentucky follows the pure comparative negligence doctrine, which means even if you share fault in the accident, you are still allowed to receive some compensation. However, your reward will diminish in proportion to your percentage of fault. A truck accident lawyer from our firm can gather the necessary evidence to prove the different elements of negligence and minimize your role in the collision.
We Offer Full-Service Help to the Victims of Truck Accidents
Our Independence truck accident lawyers are standing by to assist with:
- Investigating your accident
- Handling the paperwork associated with filing a claim or lawsuit
- Accurately identifying the liable parties
- Gathering evidence that directly proves the defendant’s liability
- Collecting witness statements, police reports, medical reports, photographs, surveillance footage, and more
- Calculating a fair settlement amount for your case
- Negotiating with the insurance company for the maximum settlement for you
- Filing a lawsuit on your behalf and representing you in court if a fair out-of-court settlement is not possible
You Have Limited Time to Pursue Legal Action in Independence
As per Ky. Rev. Stat. § 304.39-230, the statute of limitations for truck accident cases in Kentucky is two years. This means you generally have two years from when the truck collision happened or from the date of the last basic reparation benefit to take legal action.
The deadline to file a wrongful death lawsuit if you’ve lost someone to a truck accident is generally one year from the decedent’s death, according to Ky. Rev. Stat. § 413.140)1)(a) and Ky. Rev. Stat. § 413.180.
If you do not file a lawsuit within the designated deadline, the court may refuse to hear your case, causing you to lose your right to receive compensation.
Start Your Truck Accident Claim With a Free Consultation
Fighting for compensation against big truck companies can be challenging to do independently. By partnering with our attorneys at Isaacs & Isaacs Personal Injury Lawyers, you get a team with over 400 years of combined legal experience working hard to give your case the best possible chance to succeed.
We will investigate your claim, build a solid case with compelling evidence, and aggressively negotiate with all liable insurance companies to get the settlement you deserve. Call us to schedule a free, no-obligation case review.