Truck accidents are some of the most devastating and catastrophic incidents on the roadways. The sheer size and weight of commercial trucks can cause catastrophic injuries, extensive property damage, and even fatalities. If you or a loved one has been involved in a truck accident, you need the help of a skilled and experienced Louisville truck accident attorney who can help you navigate the complex legal process and fight for the compensation you deserve. At Gray and White Law, our Louisville truck accident lawyers can provide the guidance and support you need during this difficult time, helping you recover physically, emotionally, and financially. Contact our law firm today for your free consultation.
What is a Truck Accident?
A truck accident is a collision involving a commercial truck, such as a tractor-trailer, big rig, or 18-wheeler, with another vehicle, pedestrian, or object. These accidents can result in serious injuries, fatalities, and property damage due to the size and weight of the truck involved. Causes of truck accidents can include driver error, equipment failure, poor road conditions, and inclement weather. Truck accidents can also be caused by factors such as fatigue, distraction, speeding, and improper maintenance. Due to the potential for serious consequences, truck accidents are often subject to investigation by law enforcement and regulatory agencies, as well as civil litigation by victims and their families.
Common Examples of Louisville Truck Accidents
There are several common types of truck accidents that can occur, including:
- Rear-end collisions: When a truck collides with the back of another vehicle, often due to the truck driver not leaving enough stopping distance.
- Jackknife accidents: When the trailer of a truck swings out to form a 90-degree angle with the cab, often caused by sudden braking or slippery road conditions.
- Rollover accidents: When a truck rolls onto its side or roof, often due to the driver taking a turn too fast or improperly securing cargo.
- Blind spot accidents: When a truck driver fails to see another vehicle in their blind spot and collides with it during a lane change or turn.
- Underride accidents: When a smaller vehicle slides under the trailer of a truck, often due to the truck abruptly stopping or slowing down.
- Tire blowout accidents: When a truck’s tire blows out, causing the driver to lose control and potentially collide with other vehicles.
- Lost load accidents: When cargo falls off a truck, causing a hazard for other drivers and potentially causing collisions.
Louisville Truck Laws
Kentucky has several laws that regulate the operation of commercial trucks within the state. A truck driver not following these laws is a stronger argument that the accident may have been due to negligence. Some of the key trucking laws in Kentucky include:
- Commercial Driver’s License (CDL) Requirements: Truck drivers in Kentucky are required to obtain a CDL and meet certain requirements, including passing a knowledge and skills test.
- Hours of Service Regulations: Truck drivers in Kentucky must comply with hours of service regulations, which limit the amount of time a driver can spend on duty and driving in a day or week.
- Size and Weight Limits: Commercial trucks in Kentucky are subject to size and weight limits, which vary depending on the type of vehicle and the road being traveled.
- Inspections and Maintenance: Trucking companies in Kentucky are required to inspect and maintain their vehicles to ensure they are in safe operating condition.
- Drug and Alcohol Testing: Truck drivers in Kentucky are subject to drug and alcohol testing, both before and during their employment.
- Electronic Logging Devices (ELDs): Truck drivers in Kentucky are required to use ELDs to record their hours of service, replacing paper logbooks.
- Hazardous Materials Transportation: Trucking companies that transport hazardous materials are subject to additional regulations and licensing requirements.
Statute of Limitations for Louisville Truck Accidents
The statute of limitations for truck accidents in Louisville, Kentucky will depend on the type of claim being filed.
For personal injury claims, Kentucky has a one-year statute of limitations. This means that an injured person must file a lawsuit within one year of the date of the accident, or they may lose their right to seek compensation for their injuries.
For property damage claims, the statute of limitations in Kentucky is two years. This means that a person must file a lawsuit within two years of the date of the accident, or they may lose their right to seek compensation for property damage.
What Can I Recover in Louisville Truck Accident Cases?
Damages refer to what a plaintiff can recovery due to injuries in a truck accident. Damages in Louisville truck accident cases can include both economic and non-economic damages.
Economic damages refer to the quantifiable financial losses that a person has suffered as a result of the accident, such as medical bills, lost wages, property damage, and other out-of-pocket expenses.
Non-economic damages, on the other hand, refer to the intangible losses that a person has suffered, such as pain and suffering, emotional distress, loss of enjoyment of life, and other non-financial losses.
In some cases, punitive damages may also be awarded in Louisville truck accident cases. Punitive damages are designed to punish the defendant for particularly egregious conduct and to deter similar conduct in the future.
Is There A Limit On What I Can Recover In Kentucky?
There is no cap on damages for personal injury or wrongful death claims in truck accident cases in Kentucky. However, there is a cap on punitive damages. In Kentucky, punitive damages are limited to two times the amount of compensatory damages awarded or $500,000, whichever is greater. Compensatory damages are the damages awarded to compensate a victim for their losses, such as medical bills, lost wages, and pain and suffering. As mentioned above, Punitive damages, on the other hand, are designed to punish the defendant for particularly egregious conduct and to deter similar conduct in the future.
Contact Our Louisville Truck Accident Lawyer Today
If you or a loved one has been involved in a truck accident in Louisville, it is important to seek legal representation from an experienced truck accident lawyer. At Gray and White Law, our team of skilled Louisville truck accident attorneys have the knowledge and resources to thoroughly investigate your case, determine liability, and fight for the compensation you deserve. We understand the devastating impact that truck accidents can have on your life, and we are committed to helping you through this difficult time. Contact us today for a free consultation and take the first step towards holding the responsible parties accountable and getting the justice you deserve.