Kentucky Truck Accident Attorney

How a Kentucky Truck Accident Attorney Can Help With Your Case

After a truck accident, painful injuries can make it difficult to focus on anything else. A Kentucky commercial truck accident lawyer can handle every aspect of your claim. They can file paperwork correctly, meet critical legal deadlines, deal with insurers, investigate the crash, and negotiate for the maximum compensation you deserve.

At The Goldwater Law Firm, our co-counsel will work with a vast network of specialists and industry experts to strengthen your case. From accident reconstruction to expert medical testimony, our network can analyze the accident to determine how the crash occurred and build the strongest possible claim on your behalf.

Every client is treated with the respect, empathy, and dedication that they (and their case) deserve.

Recoverable Compensation in Kentucky Truck Accident Cases

A truck accident can affect your life in numerous devastating ways. You may be dealing with:

• Broken bones, which may require surgeries and physical therapy
• Traumatic brain injuries, which could lead to cognitive or motor function issues
• Burns and lacerations, which can lead to disfiguration and scarring
• Back and neck injuries, which may be incapacitating for many victims
• Spinal cord injuries, which may result in paralysis

Because of your injuries, you may face high financial costs for the rest of your life. You could be paying for long-term care needs, extensive surgeries, or home modifications. When a Kentucky semi-truck accident lawyer at our co-counsel firms seeks compensation, they fight for fair compensation that encompasses your current and future expected needs.

Full compensation may cover both economic and non-economic losses.

Economic Losses From Truck Accidents

Economic losses include medical expenses, long-term care costs, home modifications, assistive devices, property damage, lost wages, loss of job benefits, and diminished earning capacity.

Non-Economic From Truck Accidents

These non-financial losses include physical pain and suffering, emotional distress, loss of enjoyment of life, and lowered quality of life.

Having a commercial truck accident lawyer on your side means having someone who will advocate for you to get everything you deserve. They will offer guidance on any settlement offers you receive so that you don’t settle for less than your case is worth.

Proving Negligence for a Kentucky Truck Accident Claim

A successful truck accident claim relies on proving that your losses were due to someone else’s negligent actions. To prove that someone was legally negligent, your 18-wheeler truck accident attorney must demonstrate the four elements of negligence. These elements are:

• The defendant owed you a duty of care. Commercial truck drivers, for example, must act responsibly and safely while on the road.
• The defendant breached this duty of care. For example, they drove recklessly.
• The defendant’s actions caused your accident and injuries. For example, their reckless driving resulted in your crash.
• You suffered losses because of the accident and can prove it. For example, medical records could show the injuries you suffered during the accident.

Pure Comparative Negligence and Its Impact on Your Truck Accident Claim

Kentucky has specific laws governing negligence in personal injury cases, including its pure comparative negligence rule. Even if you share some fault for the accident, you can still recover compensation if you’re not 100% at fault.

In Kentucky truck accident cases, the amount of compensation you are eligible to recover will be lowered by your percentage of fault. For example, if you suffered $150,000 in losses but were 50% at fault, you could only recover $75,000.

However, determining fault can be complex, and insurance companies may try to minimize your claim. This is where having a commercial vehicle attorney can make a difference, as they will gather evidence to support your case and defend against insurer claims about your level of blame.

Causes of Kentucky Commercial Truck Accidents

Proving the cause of your accident is necessary to prove negligence and hold the defendant accountable for your accident and injuries. Oftentimes, determining the cause will help point to the liable party.

Some potential causes of truck accidents include:

• Fatigue: Drivers may be under pressure to complete deliveries even when they should be taking breaks. Federal regulations require drivers and trucking companies to abide by hours of service rules, but some may disobey these rules.
• Speeding: Commercial drivers often have tight schedules and may feel pressured to travel at higher speeds.
• Distracted Driving: From GPS to checking delivery schedules, plenty of distractions cause a driver to temporarily look away from the road. Even a second’s inattention can lead to accidents.
• Improper Hiring and Training Practices: Trucking companies may try to cut corners by hiring unqualified drivers or undertraining those they hire.
• Ignored Safety Standards: Overloaded trucks or improper vehicle maintenance pose a serious danger on the road, increasing the risk of accidents.

Mechanical problems like brake failure can also lead to semi-truck accidents that leave victims with catastrophic injuries.

Who Is to Blame After a Semi-Truck Accident in Kentucky?

After determining the cause of the crash, your Kentucky semi-truck accident lawyer will conduct a thorough investigation to identify the responsible party (or parties). Identifying and establishing liability can be complex, but your attorney will work to hold the right parties accountable.

Potentially liable parties include:

• The truck driver
• The trucking company
• Truck or parts manufacturer
• Third parties

A truck company may be vicariously liable for its employee’s (the truck driver’s) actions and thus liable for damages in a truck accident lawsuit. Your attorney will investigate and gather evidence to prove the cause of your accident. They may do so through interviewing witnesses, obtaining accident photos and video footage, consulting with experts, reviewing driving logs and maintenance records, and more.

Kentucky’s Statute of Limitations for Personal Injury Cases

In Kentucky, the statute of limitations on wrongful death and personal injury lawsuits is limited. It is typically only one year from the date of the accident. Your Kentucky 18-wheeler accident attorney will move quickly to ensure your case meets any required legal deadlines.

Contact The Goldwater Law Firm today to get started right away.

Actions You Can Take After a Kentucky Truck Accident

Truck accident victims’ actions after a trucking accident can help recover their health and strengthen their claim. Below are some actions which you should take if you can do so:

Seek Medical Attention

If you or a loved one was injured during the accident, getting prompt medical care is the most important thing you can do. The early treatment of severe injuries, such as traumatic brain injuries, can improve outcomes.

Additionally, if your doctor has prescribed a treatment plan, follow it. Stopping treatment against your doctor’s advisement can be used against you by insurance providers.

Report the Accident to the Police

Calling the police after a trucking accident is crucial for ensuring everyone’s safety and securing an official record of what happened. Officers will document key details in a police report, including their observations and any potential violations. This report can serve as vital evidence in your case, as it may help establish fault and protect your right to compensation.

A personal injury attorney can use this report and other evidence to build a strong claim and push back against any disputes from insurance companies.

What If an Insurer Denies Your Kentucky Truck Accident Claim?

If a claim is denied, the insurer must provide a reason for doing so. Some reasons an insurance company may deny a truck accident claim include denials of the truck driver’s or carrier’s fault. In some cases, the insurer may dispute your injuries. If you are denied, you have options to continue pursuing your case.

Your Kentucky truck accident attorney can respond by addressing the insurer’s reasons for denying the claim.

What If You Receive a Low Settlement Offer for Your Truck Accident Claim?

Low settlement offers do not account for your full scope of losses, including your future injury-related expenses and losses. If you receive a low offer, you are not required to accept it. Instead, you can formally reject the offer, and your lawyer will negotiate for a fair settlement on your behalf.

If the truck carrier and its insurance company will not agree to a fair settlement, your semi-truck accident lawyer will be prepared to represent your case at trial.