Truck AccidentsFocus On Your Healing, We Will Handle the Rest
Truck Accident Lawyers in Louisville, KY
Fighting for Maximum Compensation in Jefferson County, Floyd County, Clark 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 total 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.
Truck Accident Claims & Lawsuits
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
- 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.
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.
Additionally, truck accident claims can have more than one party who may be held liable. These can include:
- The truck driver
- The trucking company
- The truck manufacturer
- A governmental agency in charge of road design or maintenance
- Third-party contractors, such as cargo loaders, independent drivers, truck maintenance companies
Identifying and holding all those parties accountable that contributed to your injuries as well as their insurers can make possible an award of the compensation you deserve from all sources.
As you can see, truck accidents are complex legal matters subject to many considerations that need investigation, documentation, and coordination. Our Louisville truck accident attorneys have the experience, time, resources, and diligence needed to represent you in this composite task. Let us work to help you maximize your compensation.
While guarantees of specific case results cannot be made, past results provide you with an indicator of the quality of representation you can expect. See what Schuler Law Office has done for others who have entrusted us with their personal injury cases.
Schuler Law Office recovered a favorable outcome In Floyd County on behalf of the family of an Indiana man who died in a head-on collision while driving home from work.
Schuler Law Office recovered a favorable outcome for an Indianapolis woman who endured life-altering injuries when the vehicle in which she was a passenger was struck from behind by a commercial vehicle.
Schuler Law Office obtained a favorable outcome for a Louisville family whose husband/ father died when the vehicle in which he was a passenger crashed into an ambulance.
Schuler Law Office recovered a favorable resolution for a 9-year old pedestrian who was standing on a Louisville sidewalk waiting to board a school bus when he was struck by an SUV, causing critical injuries.
Schuler Law Office recovered a favorable resolution for a Louisville man who sustained permanent injuries in a head-on crash caused by an intoxicated driver.