Fighting for Maximum Compensation in Jefferson County, Floyd County & Southern Indiana
Truck accidents are among the most deadly and complicated of all traffic accidents. Because of their massive size, weight, and length, commercial trucks, such as 18-wheelers, tankers, and others, can cause horrendous damage to smaller vehicles and their occupants. In any accident involving a commercial truck and other motorists, it is the motorists and their passengers who bear the highest risk of severe or catastrophic injury or death upon impact.
At Schuler Law Office, we have a unique and insightful grip on the legal process of preparing, negotiating, and litigating truck accident claims. Founding attorney David Schuler has previously worked for the defense side of truck accident claims. This has given him a complete understanding of how trucking companies and their insurers act to reduce or deny their liability payouts in accident claims. Armed with this experience, our ongoing diligent approach to case preparation, keen negotiation skills, and prior trial work, we have the ability and resources to help you successfully navigate the legal process for optimum results.
Comprehensive Truck Accident Claims & Lawsuits in Louisville
Like other accidents, truck crashes can have many causes. The factors behind these accidents can range from how the vehicle was maintained to how the driver was trained and whether the driver, as well as the trucking company, complied fully with state and federal trucking regulations. These regulations and trucking industry standards can often play a complicated role in the intricate matter of claims investigation, preparation, and their resulting outcomes. This issue differentiates truck accident claims from other traffic accident claims.
The Federal Motor Carrier Safety Administration (FMCSA) oversees the regulation and safety of commercial trucking and bus companies and their commercial license holders. According to studies conducted by the FMCSA, major factors in truck accidents include fatigue, speed, and alcohol.
The agency has concluded that some of the top contributing factors include:
Brake problems
Prescription drug use
Required stops before a crash (traffic lights, crosswalks, etc.)
Over-the-counter drug use
Fatigue
Inadequate surveillance
Other contributing factors can include improperly loaded cargo, poorly maintained vehicles, defective truck parts, and distracted driving (texting or other cell phone usage). Drivers who violate federal regulations by driving longer without breaks than required under law or who are pressured to do so to maintain schedules are also at fault. Commercial trucks also have known navigational problems, such as blind spots, the inability to stop quickly, and difficulties making turns.
The Impact of Weather on Truck Accidents in Louisville
Louisville's unique weather conditions often play a significant role in truck accidents. With its varied seasonal weather, drivers must contend with different road conditions throughout the year. In winter, icy roads can lead to slippery conditions, increasing the risk of trucks losing control. Snow and sleet can obstruct vision and make braking a challenge, often resulting in rear-end collisions or multi-vehicle pile-ups. These conditions require drivers to exercise increased caution, but unfortunately, not all do so.
In the warmer months, thunderstorms and heavy rain are common. These conditions can create reduced visibility and slick roadways, making it difficult for truckers to maintain their lane or see smaller vehicles. During rainy conditions, hydroplaning becomes a risk, where tires lose contact with the road surface. The weight and momentum of an 18-wheeler can make this especially dangerous. Understanding how weather affects driving helps in reclaiming damages as it may implicate driver negligence or inadequate vehicle maintenance.
What To Do After a Truck Accident in Louisville
The moments and days after a serious truck crash can feel overwhelming, especially when you are trying to focus on medical care and basic daily needs. Taking a few practical steps can make a significant difference in protecting your health and your legal rights. In Louisville and the surrounding counties, these steps also help create a clear record if a claim must be filed in Jefferson County Circuit Court or another local court system.
Insurance companies often reach out quickly after a tractor-trailer crash to request recorded statements or to offer an early settlement. Before signing anything, it is wise to understand the full extent of your injuries and the coverage available from all parties involved. By talking with a Louisville truck accident attorney before making major decisions, you can get clear guidance about what documents to gather, how to handle communications with adjusters, and how to avoid common mistakes that could reduce the value of your claim.
Who Is At-Fault for a Truck Accident?
Determining liability in a truck accident can be complex due to the multiple parties involved in the operation of commercial trucks. Unlike accidents involving regular passenger vehicles, truck accidents often entail more than just the driver being held responsible. Here are some parties that may be held liable:
Truck Driver: In many cases, the truck driver bears some level of responsibility for the accident. This could be due to factors such as driver fatigue, distraction, intoxication, or reckless driving behavior.
Trucking Company: The company that owns or operates the truck may also be liable for the accident. This could be due to negligent hiring practices, inadequate training, failure to maintain the vehicle properly, or pressuring drivers to meet unrealistic delivery deadlines.
Truck Manufacturer: If a defect in the truck's design or manufacturing contributed to the accident, the manufacturer could be held liable. Defective brakes, tires, steering systems, or other components could all potentially cause or exacerbate a truck accident, making the manufacturer responsible for resulting damages.
Maintenance Companies: Companies responsible for maintaining the truck may also share liability if poor maintenance contributed to the accident. Neglecting routine inspections, failing to repair known issues, or using substandard replacement parts can all increase the risk of accidents.
Cargo Loaders: Improperly loaded cargo can destabilize a truck, leading to accidents. If a cargo loading company or individual improperly loaded the truck, causing it to tip over, spill its contents, or lose control, they may be held liable for resulting damages.
Other Drivers or Third Parties: Sometimes, the negligence of other drivers on the road or third parties, such as construction crews or utility companies, may contribute to a truck accident. In such cases, these parties may also share liability for the damages.
Determining liability in a truck accident often requires a thorough investigation by experienced attorneys and accident reconstruction specialists. They will examine factors such as driver logs, maintenance records, black box data, witness statements, and other evidence to determine who should be held accountable for the accident.
How Long Do You Have to File a Lawsuit After a Truck Accident?
In Kentucky, the statute of limitations for filing a personal injury lawsuit after a truck accident is two years from the date of the accident. This means that individuals injured in a truck accident have two years to file a lawsuit seeking compensation for their injuries, property damage, and other losses. However, waiting too long to take legal action can significantly weaken your case. Evidence may be lost or destroyed, witnesses may forget crucial details, and the memories of those involved may fade over time. Additionally, valuable time may be lost in building a strong case and negotiating with insurance companies.
Therefore, if you've been injured in a truck accident, it's crucial to seek legal advice as soon as possible. An experienced truck accident lawyer can help you understand your rights, navigate the legal process, and ensure that you meet all deadlines for filing a lawsuit. By taking prompt action, you can maximize your chances of obtaining the compensation you deserve for your injuries and losses.
The timing rules can also be affected by the specific facts of a collision. Claims that involve a government-owned vehicle or dangerous road conditions may require special notices to be filed much sooner than the general deadline, especially if the crash occurred in connection with a city or county project. In addition, people injured in Southern Indiana truck wrecks face different limitation periods under Indiana law, so it is important not to assume that one rule applies to every situation. When we review your case, we look at where and how the crash happened so that no critical date is missed.
Frequently Asked Questions About Truck Accident Attorneys in Louisville
What Should I Do Immediately After a Truck Accident?
In the immediate aftermath of a truck accident in Louisville, your safety and health should be your top priorities. If possible, move to a safe location and call 911 to report the accident and request emergency medical assistance. Even if you feel fine, a medical evaluation is essential, as some injuries may not be immediately apparent. Document the accident scene thoroughly, taking photos of vehicle damage, road conditions, and any visible injuries. Collect contact information from witnesses and other parties involved but refrain from discussing fault or making statements about the accident until you've spoken with an attorney. Notify your insurance company about the accident but be cautious in the information you provide. Consulting a truck accident lawyer early in the process will help protect your rights and facilitate a smoother path towards recovery and compensation.
What Is the Role of an 18 Wheeler Accident Lawyer?
An 18-wheeler accident lawyer serves as an advocate for victims involved in large truck crashes. Given the complexity of these accidents, lawyers in this field assess liability, gather substantial evidence, and work with experts to build a strong claim for their clients. They navigate the intricate legal landscape, which includes understanding federal and state regulations specific to commercial trucking. These attorneys negotiate with insurance companies to pursue fair compensation for injuries, damages, and losses incurred by victims. Additionally, they provide advice and support to ensure that victims understand their rights and options throughout the legal process. An experienced 18-wheeler accident lawyer ensures that all avenues for compensation are explored and pursued vigorously.
What Steps Are Involved in Investigating a Truck Accident?
Investigating a truck accident involves several detailed steps critical for establishing liability and pursuing compensation. Initially, investigators collect and preserve evidence from the scene, which includes photographs, measurements of skid marks, and traffic signal operation. They also obtain police reports and any available camera footage. Gathering data from a truck's black box, or event data recorder, provides crucial insights into the truck's speed, braking, and handling just before the crash. Additionally, experts review driver logs, maintenance records, and compliance with safety regulations. Accident reconstruction specialists may be engaged to determine the sequence of events leading to the crash and to simulate possible prevention measures.
Why Choose Schuler Law Office as Your Louisville Truck Accident Attorney?
When faced with the aftermath of a truck accident, navigating the legal landscape can be daunting. At Schuler Law Office, we understand the unique challenges that truck accident victims encounter. Our dedicated team is committed to providing personalized support and expert legal representation to ensure you receive the compensation you deserve.
Here are a few reasons why clients trust us with their truck accident cases:
Experienced legal team: Our attorneys have extensive experience handling truck accident claims and understand the complexities involved in these cases.
Thorough investigation: We conduct comprehensive investigations to gather evidence, including accident reports, witness statements, and expert testimonies, to build a strong case on your behalf.
Negotiation skills: Our skilled negotiators work tirelessly to reach a fair settlement with insurance companies, ensuring that your rights are protected and your interests are prioritized.
Contingency fee basis: We operate on a contingency fee basis, meaning you don’t pay us unless we win your case. This allows you to focus on your recovery without the added stress of legal fees.
Compassionate support: We believe in treating our clients like family. Our team is here to listen to your story, answer your questions, and provide the support you need during this challenging time.
Because we are a smaller, focused firm, you work directly with lawyers who know your file and your goals, rather than being passed from person to person. Our background defending injury claims earlier in our careers gives us insight into how trucking companies and insurers evaluate cases, reserve funds, and approach settlement. We use that knowledge to anticipate their tactics and prepare you for each stage of the process, whether your claim resolves through negotiation or requires filing in Jefferson County Circuit Court or another local venue.
“This firm has experienced lawyers who are professional and aware of all the laws that govern our state! They are nice, well-informed, and hardworking! David Schuler is one of the best in town, if not the best!”
