Truck accidents can easily result in catastrophic to fatal injuries, totaled vehicles, and exorbitant medical expenses. Large and heavy commercial trucks can completely obliterate smaller passenger vehicles, inflicting massive amounts of damage on the occupants inside. It is a trucking company and driver’s duty to make sure preventable accidents never happen. When they fail, victims in Louisville might have the opportunity to file a personal injury lawsuit.
Contact the Louisville truck accident lawyers of Meinhart, Smith & Manning, PLLC to help your family financially recover from medical bills, loss of wages and overall pain and suffering.
Large trucks need much more time and distance to maneuver the roads than an average car. It is also typical for truck driving hours to be long and through the night, for days at a time. A driver who is distracted or falls asleep at the wheel can cause a disastrous accident, given the weight and momentum of such a large vehicle. A distracted passenger vehicle could also be the cause of a Louisville car accident.
Road debris, unpaved roads, potholes, narrow lanes or highways without shoulders are all examples of dangerous road conditions that could lead to truck accidents.
Improper revision of a big rig could result in incidents like a tire blowout, wheels coming loose, engine failure, and more. Depending on the case and what occurred, the manufacturer or truck company may be liable for the accident.
Drivers may not realize when driving behind a large truck that the driver can’t see your vehicle a lot of the time. If you’re in a truck driver’s blind spot, he or she may have limited or no vision of you at all.
Trucking companies will do everything they can to avoid liability for an accident and are known for their quick and aggressive representation in support of the trucking company. Their lawyers might try to use a comparative negligence defense, arguing you contributed.
At Meinhart Smith & Manning, PLLC we know all too well that many injury and wrongful death claims have more than one defendant, or party, allegedly responsible. There are many factors that can contribute to a single trucking accident, and many parties behind these factors.
A big rig driver, trucking company, cargo loading team, truck owner, truck leaser, third-party driver, part manufacturer, and/or other parties could all be liable for a crash. The party or parties that will serve as the defendant(s) in your case will be the one that fulfills all three of the following elements:
All truck drivers owe others on the roadway duties to pay attention to the road, obey federal motor carrier laws, follow traffic rules, and otherwise take due care in preventing truck accidents. At the same time, trucking companies are responsible for maintaining their fleets, training truck drivers, and planning safe routes. The duties of care the defendant owed you at the time of the crash will vary according to the relationship.
The defendant must be guilty of some breach of duty of care to you. A breach of duty can be a broken law, such as driving under the influence of drugs or alcohol, or an act of negligence that a prudent person or company would not have committed. Proving a breach of duty, or negligence, is often the most difficult and critical part of a truck accident lawsuit.
You must show that the truck driver or company’s act of negligence is what caused your accident. If a third-party driver, for example, hit the truck and then bounced into your vehicle, you likely would not have a lawsuit against the truck driver, who is just another victim in the collision. Instead, you would sue the other driver in this scenario.
To be eligible for compensation, you must also show that you suffered real damages in the trucking accident. In Kentucky, economic and non-economic damages are both compensable. These can include past and future medical bills, physical pain and emotional suffering, property damage, and lost wages.
Our experienced Louisville truck accident lawyer can help you identify the responsible parties for your trucking accident, and help you take action against them.
Our skilled Louisville truck accident lawyer will work tirelessly to ensure truck company insurers don’t take advantage of you or convince you to settle for less than your case is worth. Call (502) 589-2700 to discuss your recent truck crash with one of our attorneys, or request a free case evaluation online.