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.
Why Are Truck Accidents So Dangerous?
An average passenger vehicle weighing 4,000 pounds is no match for a commercial truck, which can weigh up to 80,000 pounds when fully loaded. The sheer disparity in size and weight makes commercial truck accidents among the deadliest types of accidents on U.S. roads and highways.
The violent forces truck collisions generate often leave commercial truck accident survivors with serious injuries and lifelong disabilities.
Large commercial trucks and tanker trucks hauling heavy cargo, fuel or other hazardous materials can spill in an accident, exposing motorists to toxic substances, igniting massive fires, and hindering emergency operations.
Trucks also have a high ground clearance that can lead to smaller vehicles becoming trapped underneath during collisions, significant blind spots on all four sides, a much longer stopping distance than other vehicle types, and a high center of gravity that makes them prone to rollovers. All of these scenarios put motorists at serious risk of catastrophic injuries.
Common Causes of Louisville Truck Accidents
According to various truck collision causation studies, human error is the fundamental cause of most truck accident crashes. The studies vary in their estimates, but neglect or wrongdoing underlies between 87% and 94% of all truck accidents.
Negligent truck drivers cause accidents, but they aren’t the only ones who may be liable. Depending on the circumstances of the truck crash, other parties may share the blame. Here are some of the most common truck accident causes:
Truck Driver Fatigue
Despite federal regulations limiting driving hours, many truck drivers push beyond their limits to meet tight deadlines. A fatigued truck driver experiences similar impairments to a drunk driver—delayed reaction times, poor judgment, and decreased awareness. Even a moment of microsleep at 65 mph can send an 80,000-pound truck hurtling across hundreds of feet without control.
Distracted Driving
Long hours on the road promote dangerous multitasking. Truck drivers might eat, adjust GPS settings, or use their phones while driving. These distractions are particularly dangerous given a truck’s longer stopping distance and more challenging handling. Just three seconds of distraction at highway speeds means a truck travels the length of a football field without the driver’s full attention.
Speeding
Speed-related semi truck truck accidents are devastating along I-65, I-264, and other Louisville highways. When trucks exceed speed limits, their massive weight multiplies the force of impact in a collision. Additionally, high speeds reduce a truck driver’s ability to respond to sudden traffic changes or road hazards. A speeding, fully loaded 18-wheeler traveling 65 mph needs nearly two football fields of stopping distance.
Aggressive Driving
Truck drivers are considered driving pros, but not all of them act like it. Some truck drivers engage in dangerous, aggressive behaviors like tailgating, unsafe lane changes, or failing to yield. These actions are especially hazardous, given a truck’s size and limited maneuverability. Sudden lane changes can force smaller vehicles off the road, while tailgating eliminates the safety buffer needed for emergency stops.
Improper Truck Maintenance
Inadequate truck maintenance can lead to catastrophic equipment failures. Some maintenance issues may stem from trucking companies cutting corners, truck drivers failing to do required inspections, or truck shop mechanics performing substandard or negligent work. Brake failure and tire failure are some of the most common truck hazards caused by improper truck maintenance.
Vehicle Defects and Equipment Failure
If a defective truck or truck component caused or contributed to an accident, the manufacturer of the truck or truck could be held liable. Sometimes accidents occur due to manufacturing defects or equipment failures, even with proper maintenance.
Drunk Driving
While relatively rare due to strict regulations and testing, drunk driving incidents involving truck drivers still occur on Kentucky roads. The combination of alcohol and an 80,000-pound vehicle creates an extremely dangerous situation that often leads to catastrophic accidents or fatalities.
Drug Impairment
Truck drivers may become impaired by illegal drugs, prescription medications, or even common over-the-counter medicines. These substances can significantly affect judgment, reaction time, and alertness.
Traffic Violations
Truck drivers who disregard traffic laws create serious risks on Louisville’s highways, from running red lights to making improper turns. These violations often occur when drivers rush to meet demanding schedules, and their consequences are magnified by the massive size and weight of commercial trucks.
Weather-Related Accidents
Kentucky’s diverse weather conditions—from Ohio River valley fog to sudden winter storms—require truckers to adjust their driving accordingly. When drivers fail to slow down or take proper precautions during adverse weather, their massive vehicles can jackknife, hydroplane, or lose control with catastrophic results.
Poor Training or Inexperience
Some trucking companies employ inadequately trained or unscreened drivers to meet delivery demands, creating dangerous situations on Louisville’s roads. These inexperienced or inadequately vetted drivers often struggle with fundamental skills like load distribution, urban navigation, proper response to emergency situations, and compliance with important safety regulations.
Common Truck Accident Injuries
The occupants of smaller passenger vehicles often suffer severe trauma in a crash involving a commercial truck, even in relatively low-speed impacts. While some truck accident victims recover with proper medical care and rehabilitation, others face lasting disabilities that require lifelong support and care.
Some of the injuries commonly associated with commercial truck crashes are:
Traumatic Brain Injuries (TBI)
The violent impact of a truck collision can cause the brain to collide with the skull, resulting in anything from mild concussions to severe brain damage. These injuries often lead to memory problems, personality changes, and cognitive difficulties that affect every aspect of daily life.
Spinal Cord Injuries
The massive force of a truck accident can fracture vertebrae or sever the spinal cord, potentially resulting in partial or complete paralysis. These life-altering injuries require extensive medical treatment, rehabilitation, and long-term adaptive equipment.
Crush Injuries
When smaller vehicles are pinned beneath or between large trucks, occupants can suffer devastating crush injuries. These traumatic injuries often result in severe organ damage, muscle death, and potential limb amputation.
Internal Organ Damage
The extreme force of a truck collision can cause serious damage to internal organs, even without visible external injuries. These injuries often require emergency surgery and can lead to long-term health complications.
Burns
When truck accidents ignite fires, injured parties may suffer victims may suffer severe and painful burn injuries that often require multiple surgeries, skin grafts, and extensive rehabilitation. Burns can leave permanent scarring that restricts movement and causes disfigurement.
Multiple Fractures
A collision with a commercial truck may leave victims with multiple fractures and broken bones throughout the body. Complex fractures may require surgical intervention and extended physical therapy for proper healing.
Neck and Back Injuries
Beyond catastrophic spinal cord injuries, truck accidents commonly cause serious soft tissue damage, herniated discs, and other painful neck and back injuries that can lead to chronic pain and limited mobility.
Post-Traumatic Stress Disorder (PTSD)
The psychological trauma of a truck accident often leaves lasting emotional scars. Many victims develop PTSD, experiencing severe anxiety, flashbacks, and fear of driving that requires long-term psychological treatment.
Facial Injuries and Disfigurement
Broken glass, deployed airbags, and direct trauma can cause severe facial injuries in truck accidents. These injuries may require reconstructive surgery and can result in permanent disfigurement or loss of function.
Joint Injuries
The violent impact of a truck collision can severely damage joints throughout the body, particularly knees, shoulders, and hips. These injuries often require surgery and physical therapy, and may lead to early onset arthritis or chronic pain.
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.
Gray & White’s experienced truck accident lawyers will work with you to determine all of the damages you are eligible to recover in your truck accident claim.
If the trucking firm’s insurance company refuses to offer a fair settlement, we are prepared to take your Louisville truck accident case to court and argue it before a judge or jury.
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.
How Long Does it Take to Settle a Truck Accident Claim?
Every case is different and there is no standard amount of time that it takes to settle a truck accident case in Kentucky. We understand that this answer to your question may be frustrating because you, understandably, just want fair compensation for your injuries so that you can move on with your life. While we can’t give you a certain date by which your truck crash case will be settled, we can discuss the different variables that may impact your settlement and we can tell you what you can do to speed up the settlement process.
Factors That Influence Truck Accident Settlement Timelines
Some of the things that may impact how long it takes to resolve a truck crash injury claim include:
- The quality of the evidence. A thorough investigation that results in reliable and irrefutable evidence may make the settlement process go faster because the insurance company will realize that if it doesn’t settle, it will end up paying damages in court.
- The number of potential defendants. The more potential defendants that are involved, the more finger pointing is likely and the longer it will take for your claim to settle.
- Whether you hire a lawyer. An attorney may be able to move things along by presenting strong evidence and convincing arguments to the insurance company.
- How badly you are hurt. The settlement process is more likely to take a longer amount of time if you were seriously hurt. It may take more time to determine what the impact on your future will be and to determine what fair damages are for your injuries. Additionally, your damage award is likely to be higher and the insurance company may fight back harder in an attempt to minimize the amount that it has to pay you so that it can maximize its profits.
How to Speed Up the Truck Accident Settlement Process
While you aren’t in control of everything, there are things you can do to make the settlement process a little smoother. Specifically, you can hire a lawyer quickly, you can share everything you know with your attorney, you can be available to answer your lawyer’s questions, and you can be realistic in the amount of money you may recover for your injuries.
For more tips on how a truck accident lawyer can speed up your settlement, or for answers to any additional questions, please call our experienced legal team today for a free, no-obligation consultation. Your time to file a case is limited by the Kentucky statute of limitations and we will help you make sure that all of your rights are protected in a timely and efficient way.
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 personal injury 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.