Louisville Truck Accident Attorney

According to the latest National Highway Traffic Safety Administration (NHTSA) data, the United States experienced an 11% increase in large truck-involved injury crashes and an 18% increase in fatal trucking collisions from 2020 to 2021. This uptick in truck accidents left 117,000 individuals injured and 5,700 dead that latter year.

In Kentucky and across the nation, trucking industry negligence continues to endanger the lives of passenger vehicle drivers who share the road with large commercial vehicles.

If you or someone you love has been seriously hurt or lost their life in a trucking accident, Thomas Law Offices is here to provide you with legal help to assist you in navigating this devastating time. We invite you to get in touch with a qualified Louisville truck accident lawyer in our office to learn about your legal options for recovery.

Top Causes of Truck Crashes in Jefferson County, KY

Truck collisions have many causes, but some factors more commonly to blame for their occurrences than others include:

Hours of Service (HOS) Violations

Driver fatigue is a critical issue in the commercial trucking industry. As experienced truck accident lawyers, we know that a shockingly high percentage of trucking crash cases involve violations of Federal Motor Carrier Safety Administration (FMCSA) regulations.

A commonly violated rule is the hours of service (HOS) one. These regulations exist to prevent drivers from spending too much time behind the wheel with too little rest.

Fatigued drivers experience decreased decision-making abilities, leading to slower reaction times and blurred vision. They are also more likely to fall asleep behind the wheel or turn to substance abuse (often amphetamines) to artificially increase alertness.

A Lack of Truck Roadworthiness or Defective Auto Parts

Large trucks like 18-wheelers require regular inspections to ensure that they’re safe for highway travel. Federal laws demand that certain maintenance protocols be followed to reduce the risk of automobile collisions. Truck accidents often result when problems are not caught early and prevented.

The most common vehicle parts failures that may apply to your truck accident claim include:

• Brake failure caused by insufficient brake fluid or faulty brake lines
• Tire blowout
• Steering system malfunction
• Transmission failure
• Non-working headlights or taillights

Poor Driving in Adverse Conditions

This can include both weather and traffic conditions. Commercial truck drivers have a duty to analyze all potential dangers and act appropriately to mitigate risks. If, for example, a snowstorm makes driving too risky, the semi-truck driver should wait for the inclement weather to pass, even if it means that they fall behind schedule. Trucking companies also have a duty to properly train drivers on how to handle these adverse weather events and not force a truck driver to stay on the road under dangerous circumstances.

Overloading or Improper Loading

Tractor-trailers are at risk of overturning if they are improperly loaded. Similarly, overloading them puts excessive strain on commercial trucks’ brakes, tires, and transmissions, leading to entirely preventable semi-truck accidents. While improper loading techniques may save a trucking company time and money, those actions often lead to serious accidents that should never have happened.

Common Truck Accident Injuries

Injuries caused by tractor-trailer collisions are almost always serious. While distracted driving might lead to a fender-bender between passenger cars, the same act of negligence can kill multiple people when the distracted driver is behind the wheel of a 40-ton semi-truck.

Severe injuries suffered in a truck crash are often catastrophic, meaning that the victim is no longer able to live the life they once led before it occurred. Paralysis, permanent disability, and fatality are common outcomes of trucking accidents.

Severe injuries victims often suffer when in collisions with large trucks include:

• Spinal cord injuries
• Traumatic brain injuries
• Back and neck injuries
• Crushing injuries
• Amputation
• Internal organ damage
• Burn injuries resulting in disfigurement

The Difference Between Car and Truck-Involved Wrecks

One of the most important details to be aware of is that truck and small vehicle accident cases often differ from lawsuits involving smaller vehicles. When a commercial truck is involved, there are several factors that make litigation much more complex. For this reason, not all personal injury lawyers are willing to take on commercial trucking accidents. When pursuing your claim, be sure to partner with a law firm highly experienced in this area of the law.

The following (and other) factors make truck accidents more challenging to litigate than passenger vehicle accidents:

Size and Weight of Vehicle

Commercial tractor-trailers are roughly 20-30 times the weight of a passenger car. This means that any devastation caused will likely be more severe than a normal traffic accident. A court of law will look at factors such as speeding or distracted driving in greater detail since truck drivers inherently need to be more careful while behind the wheel.

Truck Industry Regulations

When an accident involving a semi-truck is being investigated, a court of law will first check to see if everything in the original accident report complies with Federal Motor Carrier Safety Regulations (FMCSRs) and any local trucking standards that may be in place. The FMCSRs attempt to regulate the trucking industry on a federal level by enforcing licensing requirements, work hour, weight, size, and route limitations, and trucking insurance minimums. Any state and local regulations can complicate the case even further.

Vehicle Ownership

An auto accident typically involves vehicles owned by the drivers. This is not the case for trucking accidents. The truck may be owned by the trucker oneself but is more often owned by the trucking company or another entity. In some cases, the truck may be owned by the driver, but the load being hauled may be owned by another party. Determining liability can quickly become complicated in these situations.

Factors That Impact Liability in Truck Accident Cases

Big rig crashes are complicated events involving many factors. A truck collision may be caused by an action that happens immediately prior to the wreck (such as distracted driving) or by actions that were carried out long before the accident occurred (such as inadequate driver training).

It takes an experienced truck accident attorney to accurately determine how and why an 18-wheeler crash happened. This includes examining the actions of multiple parties over extended periods of time. Truck accident lawyers must be well-versed in trucking industry, including federal regulations established by the FMCSA and the U.S. Department of Transportation (DOT) and legislation at the state and local levels.

A tractor-trailer has the capacity to cause extreme devastation if involved in a collision with a passenger vehicle. If even one person in the commercial trucking industry acts negligently in their role, the results can be catastrophic and are often fatal.

Parties That Can Be Held Liable for Tractor-Trailer Collisions

Because the truck’s operator is the most visible party in a tractor-trailer accident, many people automatically assume that the trucker is liable. But that is not always the case. A truck driver is only one of several parties who may be deemed at fault in a trucking crash case. A driver who engages in negligent actions, such as the following, may be deemed as fully or partially responsible for a Louisville truck accident as well:

• Speeding or driving too fast for conditions
• Distracted driving
• Driving under the influence of drugs or alcohol
• Fatigued operation of the truck (drowsy driving)
• Driving without the required training or license

Truck drivers aside, liability might also lie with other parties. In this case, it’s possible that your truck accident was caused by an action that occurred long before and far away from the crash scene.

For example, if the shipping company that loaded the trailer did so in an irresponsible manner, this could have caused the load to shift, ultimately causing the collision. Or, a company responsible for inspections and maintenance could have sent an unsafe truck out on the road.

Entities ultimately most commonly found to be at fault for 18-wheeler accidents (other than truckers themselves) include:

• Trucking companies
• Loading or shipping companies
• Personnel responsible for truck maintenance and inspection
• Truck auto parts manufacturing companies

How a Louisville Truck Accident Lawyer Proves Liability

Truck crash cases are complex, but they are often made even more complicated by the tractor-trailer operator’s employer, the trucking company, or their insurer. Commercial truck accidents are costly to the motor carrier.

Victims of a large truck accident often need to seek compensation for life-altering injuries by filing a personal injury case. Many for-profit trucking companies are willing to do whatever it takes—no matter how illegal or dishonest—to shield themselves from liability, avoid a financial payout, and keep their records clean from an incident proving company negligence.

It is nearly impossible for an individual to win the compensation they deserve without an experienced attorney by their side. Going up against a negligent trucking company while dealing with serious injuries can be an insurmountable challenge for many. That’s why our firm’s truck accident lawyers make sure there is no obstacle to justice.

We have the experience needed to gather and analyze evidence, such as the following, needed to prove and win your case:

• Driving logs
• Truck black box data
• Vehicle maintenance and inspection records
• Past violations by the driver or trucking company
• Loading and shipping information
• Driver cell phone records
• Weight station records
• Property damage to roadways and involved vehicles
• Traffic camera or dashboard camera footage
• Driver alcohol and drug test results
• Eyewitness accounts
• Reports from truck mechanics on defective or unmaintained vehicle parts
• Testimony from expert witnesses like traffic reconstructionists and industry experts

When you work with us at Thomas Law Offices, you can rest comfortably, knowing that your lawyer will do the hard work so that you can focus on what’s most important in your life.

Damages Recoverable in Kentucky Trucking Crash Cases

Kentucky truck accident victims file insurance claims or injury lawsuits in an attempt to secure a financial recovery. Depending on the repercussions of your collision, you may be entitled to:

Economic Damages

This category includes tangible losses you have, like:

• Medical bills
  Lost wages and loss of future earnings
• Property damage costs

Large commercial trucks have the capacity to cause immense physical damage to accident victims. The economic damages recovered following trucking accidents are often much more substantial than those only involving passenger vehicles.

Noneconomic Damages

Not every loss comes with a bill. Some of the most substantial losses suffered by those injured in truck accidents are known as noneconomic damages—the less tangible ways your life is altered by a severe injury.

Noneconomic damages may include:

• Pain and suffering
• Loss of enjoyment of life
• Mental and emotional anguish
• Loss of companionship or consortium in wrongful death cases

Punitive Damages

Economic and noneconomic damages are known as compensatory damages because they seek to compensate the victim for what was taken from them. Punitive damages, on the other hand, aim to punish the defendant for deliberately harmful or grossly negligent behavior. Punitive damages may apply in trucking accidents that involve drunk driving, for example.

During your free case evaluation with us at Thomas Law Offices, you can expect the truck accident attorney you meet with to discuss all the ways your life was impacted by your collision with you. We will make sure you obtain maximum compensation to cover all current and future losses. If applicable, we will also pursue punitive damages on your behalf.

Louisville Attorneys Helping Truck Accident Injury Victims Recover Compensation

Each Louisville truck accident lawyer on our team knows the cost of a catastrophic truck accident. A full and fair settlement is often the only way victims have to get their lives back on track after the devastation caused by trucking negligence. As truck accident attorneys, we make a promise to devote the time and effort needed to fully value your claim.

The legal action we take together can demonstrate to negligent trucking companies that dangerous practices won’t be tolerated. Through obtaining justice for you, we also work to make the roads safer for all Kentucky residents.

Taking Immediate Legal Action After a Truck Wreck Is Important

The aftermath of a truck crash can be overwhelming. Now that you have to deal with medical issues, vehicle repairs, and insurance adjusters, taking legal action might not seem like an immediate priority. However, you will want to contact a lawyer for many reasons, such as:

Evidence Preservation

After an accident, evidence can be lost. Trucking companies may delete driver logs and maintenance reports after a certain amount of time. These pieces of evidence are key to your case. You want to make sure all that evidence is safeguarded. When you act quickly, you can make sure all evidence is preserved so you can confidently support your case.

Statute of Limitations

Every state has a statute of limitations. You could risk losing your right to seek compensation if you miss this deadline. With help from your attorney, you can be sure that all legal timelines are met.

Knowing Your Worth

Insurance companies often move quickly to minimize their liability. Remember that they want to reduce the amount they have to pay out. As a result, they might offer quick settlements that are far below what you deserve. They are counting on you to accept their settlement and close the case before you fully understand the extent of your injuries and losses. With a lawyer on your side, you will not be pressured into accepting an unfair settlement.

Reduce Your Burden

Dealing with the aftermath of a truck accident can be stressful for you and your family. By working with a lawyer, you can focus on recovery while your legal team handles the legal processes, communications with insurance companies, and negotiating a settlement.

At Thomas Law Offices, our legal team is committed to acting quickly on your behalf. We understand the urgency of these situations and are ready to begin working on your case immediately.

Seek Recovery With the Help of a Louisville Truck Accident Lawyer

As with all traffic accidents, it’s important to contact a lawyer as quickly as possible after your 18-wheeler collision. This ensures that evidence is properly preserved in case it is needed at a later date. Evidence at the scene, including skid marks and road scuffs, begin to disappear mere hours after an accident occurs once the police barriers are removed. This means that securing photographs or video evidence must be done right away.

Additionally, U.S. trucking companies are not usually forced to keep records and evidence for longer than a certain period of time after a trucking accident. As such, a trucking company may be quick to dispose of any evidence and documentation in order to avoid possible lawsuits. Having a truck accident lawyer experienced in quickly securing evidence and documentation can greatly impact the outcome of your case.

With Thomas Law Offices on your side, you can rest assured knowing that we will do everything in our power to help you and your family through this difficult time. Although our law firm is based in Louisville, Kentucky, we handle cases across the entire state of Kentucky.

Any Louisville truck accident lawyer can assist you every step of the way—from case and insurance claim filing to evidence preparation, courtroom preparation, and during the litigation process. Time is of the essence. Don’t wait to receive the assistance you deserve. Contact us today to schedule a free consultation right away.