If you sustained injuries in a commercial truck accident in Lexington, Kentucky, and someone else was at fault, you may have a right to seek compensation for your medical bills and related losses. But you should not try to take on a big trucking company or insurer on your own.
Your choice of legal representation can make all the difference when you face a complex personal injury case against a negligent truck driver or commercial vehicle owner. Contact Morgan, Collins, Yeast & Salyer to discuss your legal options. Our attorneys have the experience and Kentucky Courage to stand up to big insurance companies and demand justice for our clients. Our aggressive advocacy has helped us secure more than $300 million in compensation for injured Kentuckians like you. We want to hear from you.
Call us at (877) 809-5352 for a free consultation with an experienced Lexington commercial vehicle accident attorney.
What Are Commercial Vehicle Accidents?
A commercial vehicle accident is a collision that involves a tractor-trailer, straight truck, bus, or another commercial motor vehicle. Commercial motor vehicles are typically operated by a driver with a commercial driver’s license and registered to a corporation or company.
An important difference between a commercial truck accident and a collision involving passenger cars is the issue of liability. In most automobile crashes, one or more of the drivers involved has liability for the collision. Once fault is determined, the insurance company of the at-fault driver is responsible for paying for the losses.
Accidents involving commercial motor vehicles are more complicated to investigate and resolve. The driver isn’t the only party that is responsible for operating a commercial vehicle safely. Several might not be immediately apparent. The company that owns the truck or bus must take the necessary steps to service the vehicle and keep it in safe operating condition to ensure others’ safety. The company must employ qualified commercial drivers. If the trailer is separately owned, the trailer owner must maintain the trailer in safe operating condition. A company that loads cargo onto a truck might also have liability for an accident if it failed to secure the load properly.
Common Causes of Commercial Vehicle Accidents
Truck accidents can occur for numerous reasons. The truck driver might be at fault for negligent actions, such as:
- Tailgating
- Fatigued driving
- Driving too fast for road conditions
- Speeding
- Improper or sudden braking
- Distracted driving
- Driving under the influence
Commercial vehicle accidents may occur because:
- A motor carrier failed to conduct a background check on a new driver.
- A mechanic performed faulty work.
- A trucking company pressured drivers to disregard hours of service rules and drive while dangerously fatigued to meet unreasonable delivery deadlines.
- A motor carrier failed to provide adequate training and supervision.
- A manufacturer supplied a defective truck part.
What Should I Do After a Commercial Vehicle Accident?
You must take certain steps to protect your legal rights after a truck accident. Once you leave the accident scene, go to the hospital or your doctor. Seeking treatment for your injury improves your chance of recovering physically and documents your injuries in case you need to file an injury claim.
Attend every doctor’s appointment after the initial diagnosis. Follow your physician’s orders if they recommend specialist care, physical therapy, or other forms of treatment.
Maintaining records throughout your truck accident case is essential. The records can be valuable evidence. You should keep copies of your medical records, bills, car repair estimates, health insurance letters, and other documents related to the case.
An important step is to contact a Lexington commercial vehicle accident lawyer as soon as possible after a collision involving a commercial vehicle. You need an experienced legal team to explain your legal options and guide you from the beginning of the claims process. When you select Morgan, Collins, Yeast & Salyer, we will handle all the details of your injury case so you can focus on your health and family. We are honored that so many Kentucky families have turned to us for help after suffering serious injuries through no fault of their own.
Compensation in a Commercial Vehicle Accident Case
The compensation you may seek in a commercial vehicle accident case depends on various factors, such as the severity of your injuries, the strength of the evidence, and the available insurance coverage. It is impossible to predict without a careful review of your case.
In Kentucky, every driver must purchase liability insurance for their vehicles as well as personal injury protection (PIP), with the exclusion of motorcycles. PIP pays for medical bills, lost wages, and other expenses up to a $10,000 policy limit. However, it isn’t mandatory. Drivers can opt out of PIP coverage.
If you opted out of PIP insurance, you retained your right to file a third-party claim with the at-fault driver’s liability insurer. Furthermore, you could pursue compensation in a liability claim even if you included PIP in your policy if your medical expenses exceed the limits of the no-fault insurance.
A liability insurance claim or lawsuit could provide you with compensation for your:
- Ambulance services, hospital stays, prescriptions, and other medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Permanent disfigurement, impairment, or scarring
- Mental anguish
- Property damage
In special circumstances, you may demand punitive damages in a lawsuit against the negligent truck driver or another party. You must demonstrate to the court clear and convincing evidence of the defendant’s fraud, intentional misconduct, or malice to be awarded punitive damages.
Who Is Liable for Your Injury?
Depending on the circumstances, various parties may be liable for a commercial vehicle accident, including:
- Commercial driver
- Motor carrier
- Maintenance crew
- Cargo loading company
- Owner of the cab or trailer
- A company that employs the driver
- Vehicle or parts manufacturer
How To File a Commercial Vehicle Accident Lawsuit
A lawsuit is a time-consuming process that involves investigation, preparation, and in some cases, litigation. In more than 20 years of practice, our attorneys have handled thousands of injury claims. Insurance companies will try to take advantage of you if you don’t have a knowledgeable attorney advocating for your interests. Turn to the attorneys at Morgan, Collins, Yeast & Salyer if you have questions about a collision involving a truck or other commercial vehicle.
We can investigate the accident, gather evidence to determine who is financially liable, and identify the insurance policies available to provide compensation.
The steps involved in a lawsuit include:
- File the Complaint– Initiating a lawsuit requires drafting and filing a complaint, which lists the plaintiff’s allegations against the defendant, an explanation of the accident and injury, and the amount of money sought.
- Discovery – The discovery stage allows opposing sides to request evidence from each other. Each lawyer can review the other’s evidence to determine a legal strategy.
- Mediation – The plaintiff’s and defendant’s attorneys might schedule mediation. Both sides can meet with a mediator to try to resolve the case. The mediator is an impartial third party who can facilitate conversations between each side and offer solutions to settle the matter to avoid going to trial.
- Trial – If negotiations fail to resolve the case, each party will prepare for trial. They can call witnesses to testify, present evidence, and argue the cases before a judge and jury.
- Verdict – The jury will weigh the evidence and determine whether to find in favor of the plaintiff. If they rule in the plaintiff’s favor, they will also determine the financial award the defendant must pay.
How Long Do I Have to File a Commercial Vehicle Accident Lawsuit?
In Kentucky, the statute of limitations allows a one-year to file a personal injury lawsuit after a commercial vehicle accident. That means you must investigate the accident and file your lawsuit against the negligent party within one year of the truck accident.
Contact an Experienced Commercial Vehicle Accident Attorney
A commercial vehicle accident can lead to life-threatening injuries. It’s a devastating situation in which to find yourself, especially when someone else’s misconduct is to blame. the attorneys of Morgan, Collins, Yeast & Salyer are ready to stand up for you and hold accountable those whose negligent actions caused you harm.
When you work with our firm, you will receive one-on-one attention and regular communication from a knowledgeable and skilled lawyer. We can create a legal strategy and pursue the money owed to you.
If you were injured in a commercial vehicle accident that someone else caused, call us at (877) 809-5352 for a free consultation today. We want to hear from you. We’re available 24/7 to speak with you. Let us be your advocate and seek the justice you deserve.
