Kentucky Truck Accidents Are Not the Same As Car Accidents
Kentucky truck accidents are more complex than typical car crashes. There may be different parties responsible for the accident, different evidence that is needed in the investigation of the accident, and different recoveries available.
A truck accident lawsuit may be brought against:
- The trucker
- The trucking company
- The manufacturer of the truck or a particular part of the truck
- The mechanic who worked on the truck
Identifying the right defendant depends on the specific cause of the truck accident. The investigation into the cause of a crash may include accident reconstruction, interpreting log books and maintenance records, and reviewing compliance with government regulations that apply to the trucking industry. Hiring a lawyer who is familiar with all aspects of trucking safety regulations and truck accident issues is important to a successful truck accident recovery.
Commercial vehicles, such as trucks, that are engaged in interstate commerce must carry a higher minimum of insurance than that required for passenger vehicles in Kentucky. This may allow you to recover a larger amount of compensation than you could recover from a car crash if your case is successful.
What to Expect When Pursuing a Truck Accident Recovery
Pursuing a fair recovery from a truck company requires deep resources and access to experts who specialize in analyzing these types of lawsuits. Without access to critical resources, a law firm will not be able to adequately handle your case. Therefore it is vital to hire a truck accident injury lawyer who knows how to successfully negotiate with truck companies.
Most truck companies will deploy an accident response team soon after a large truck is involved in a crash. These teams are equipped to survey the accident scene and immediately to start building a defense for their truck driver. They move quickly in acquiring information at the scene and interviewing witnesses to assess their driver’s fault. They are well financed and shrewd. If you work with a personal injury lawyer who does not typically handle truck accident cases, then they may not know how to handle the accident response team—and this may impact your financial recovery.
Similarly, soon after your crash, you can expect that an insurance adjuster will contact you. The insurance adjuster may seem concerned about your recovery; however, it is rarely a good idea to accept an insurance adjuster’s offer without consulting a truck accident lawyer. The insurance adjuster, no matter how nice she is, works for the insurance company and the insurance company profits when it pays out as little as possible in claims. Accordingly, the insurance adjuster’s job is to get you to accept a low settlement. Do not give any statements, do not sign any settlement offers, and do not provide any medical authorization forms to an insurance adjuster without speaking with an attorney first.
What You May Recover in a Truck Accident Case
If you successfully settle your claim with the insurance company or defendants or if your case is successful in court then you may be able to recover damages for past, current, and future:
- Medical expenses
- Lost wages
- Funeral expenses (if you lost a loved one in the crash)
- Physical pain
- Emotional suffering
- Other accident-related expenses
Some of the factors that will determine the value of your settlement include the severity of your accident and injuries, the impact of your injuries on your life, whether a loved one died in the crash, the parties involved in the crash, and the disposition of the claims adjuster or jury.
Once you accept a settlement, you will be unlikely to get further compensation in the future. Accordingly, it is important to make sure that your settlement is fair before you agree to it.
How to File a Truck Accident Injury Lawsuit
Your Kentucky truck accident claim begins when you file a complaint either by opening a case with an insurance company or by filing a personal injury lawsuit. Either option is best handled with the help of a Louisville truck accident lawyer who has experience with the legal paperwork, filing deadlines, and other processes involved.
Once you begin your case, you must secure and provide evidence to support your truck accident claim. You will need to prove that the truck driver, trucking company, or other party was negligent and that it was negligence that caused your accident and resulting injuries. Each Kentucky truck accident is unique and may require claims against more than one party or even expert witnesses to support your argument for compensation.
As you pursue your recovery, you and your attorney will need to gather evidence about what happened in your crash and your injuries. You should expect the trucker, trucking company, insurance company and others to be reluctant to provide you with information. Your lawyer may request documentation and use one or more of the following expert witnesses to help prove your claim: accident reconstructionists, engineers, doctors, economists, and accountants.
How to File a Truck Accident Wrongful Death Lawsuit
When your family has just suffered the loss of a loved one in a tragic truck crash, it can be difficult to think about paperwork and lawsuits, but such things are important.
A personal representative of the deceased’s estate must be recognized by the court for the purpose of beginning a wrongful death suit. If your loved one had a will, then the representative is the executor of the estate. If your loved one did not have a will, then the representative is called an administrator of the estate. In many cases, your Kentucky wrongful death attorney will help your claim by petitioning to be appointed as the personal representative.
The personal representative acts on behalf of the deceased’s beneficiaries, spouse, and children (if any), and in some cases other surviving relatives to file a wrongful death lawsuit and to pursue justice after a fatal Kentucky truck wreck.
The Importance of Having an Experienced Kentucky Truck Accident Attorney on Your Side
The trucking company and its insurer are going to have experienced attorneys working for them. It is the job of those attorneys to minimize your recovery. The defense team will work hard to find evidence that you were to blame for the trucking accident or to try to blame another party. You deserve to have someone working for you and fighting for your fair recovery.
Gray and White Law uses cutting-edge technology to carefully re-create the scene of your accident. Our Kentucky trucking accident attorneys want the jury in your case to see the accident and, therefore, clearly see who was at fault. Few firms have the resources needed to provide professional accident reconstructions. By drawing on the expertise of seasoned accident reconstructionists and computer animators, Gray and White Law can provide a professional reconstruction of your accident. Our experts are forerunners in accident reconstruction and have reconstructed some of the largest traffic disasters in the United States. They have, for example, worked for the families of the victims of the tragic Carrolton bus crash and they have been involved in multiple seven-figure settlements after a fatal Kentucky semi-truck crash.
When you retain the legal serves of a Louisville truck accident lawyer, you are not only hiring someone who can conduct a thorough investigation, but also someone who is going to negotiate or fight on your behalf. Your lawyer will handle all communication with the insurance companies and let you focus on what really matters—recovering from your truck accident injuries or grieving for your loved one.
If you or a loved one has been seriously injured in a truck accident, please do not hesitate to call Gray and White Law at 502-210-8942 or 1-888-450-4456 (toll free) for your FREE CONSULTATION.