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Kentucky Truck Accident Lawyer

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Legally Reviewed by:

Jonathan Rosenfeld

J.D

  • Over $450 Million worth of case results

  • Awarded The Best Lawyer in 2024 by U.S. News

  • Nationally Recognized in Legal Community

The trucking industry presents many dangers to other drivers on the road. More than 10,000 trucks are involved in accidents each year in Kentucky, with more than 100 trucks involved in fatal crashes annually [1]. 

For many families, dealing with the aftermath of a truck accident is a reality. If you or a loved one is injured or killed in a truck accident, you can file a lawsuit to recover financial compensation from the at-fault party. 

Working with a Kentucky truck accident lawyer from our team, you can file a personal injury or wrongful death lawsuit to seek the maximum compensation for your injuries and losses. 

Read on to learn more about the process of filing a truck accident claim in Kentucky, the types of cases that our Kentucky truck accident attorneys handle, and what to expect during the process.

You Have Limited Time to File a Truck Accident Claim in Kentucky

The statute of limitations for wrongful death and personal injury cases in Kentucky is one year from the date when the accident happened causing injury or losses. If you carry personal injury protection coverage, you might be entitled to seek compensation for two years. You also have two years from the date of the accident to file a claim for property damage.

Compared to the statutes of limitations found in other states for truck accidents, the time you have to file a claim after a truck accident happens is not a lot of time in Kentucky. 

For this reason, it is important to involve our law firm as soon as possible after a serious accident so that we can get started in building your case.

Types of Cases That Our Kentucky Truck Accident Lawyers Handle

There are a variety of different types of truck accident cases that our team of Kentucky truck accident injury attorneys has experience handling, including lawsuits against truck drivers, trucking companies, government agencies, and automotive parts manufacturers and maintenance shops. 

We have also worked on cases involving semi-trucks, cargo trucks, 18-wheelers, and tractor-trailers that have been involved in truck wrecks.

The Most Common Causes of Trucking Accidents in Kentucky

There are several main causes of trucking accidents in Kentucky, such as:

  • Driver error – Many truck accidents occur because a driver makes a mistake, whether turning too wide into oncoming traffic or misjudging the distance required to stop safely. 
  • Failure to obey traffic laws – Failing to come to a complete stop before turning right on red or blowing through a red stop light are common causes of truck accidents in Kentucky.
  • Incorrectly loaded or secured cargo – Improperly loaded or secured cargo in a semi-truck can easily create load imbalances or allow for cargo to fall out of the back of the truck into oncoming traffic.
  • Mechanical failure – A faulty part or an issue with the engine can cause issues with how the truck drives and put other drivers on the road at risk. 
  • Poorly maintained vehicles – Trucking companies frequently find ways to reduce their costs. However, skimping on maintenance shouldn’t be how they do it. Poorly maintained trucks create hazards for other passenger vehicles on the road.
Kentucky trucking accident causes

What Is the Basis of Truck Accident Claims

The majority of truck accident lawsuits are based on negligence. Kentucky truck accident attorneys try to prove that drivers acted inappropriately and caused the accident. It is also possible to prove negligence on the part of the truck driver’s company if they own the truck.

Truckers and trucking companies have strict regulations to follow for vehicle maintenance and trucker management. Violating those regulations also constitutes negligence, such as failing to keep up with mandatory maintenance on vehicles. 

If this negligence causes you damages, such as totaling your vehicle or causing severe or catastrophic injuries, you have the basis for a truck accident lawsuit. 

Who Is Held Liable in Kentucky Truck Accident Cases

Kentucky is a no-fault state, meaning that each driver must go through their own insurance for compensation. If you are injured in an accident, you must file with your insurance company first. However, you can file a lawsuit against the truck driver if you need additional compensation.

In some cases, the company that the truck driver works for may be held liable instead. If the trucking company fails to follow trucking industry regulations or pushes the driver to violate them, leading to the accident, the company may be liable. 

Multiple parties that can be held liable include the truck manufacturer, the truck owner, and the company tasked with maintaining the tractor-trailer or semi-truck.

If your truck accident injuries came from a government-owned truck, such as a garbage truck or fire engine, it is possible that you will be able to hold the government liable. 

When you discuss what happened with an experienced truck accident lawyer from our team, they will let you know what kinds of property damage and personal injury claims could be involved in your case and which parties to file your claim against.

Proving Fault in a Truck Accident Case

To prove fault in a truck accident, your lawyer must show negligence by the truck driver or company that caused the accident. The best evidence for this is video evidence. Most commercial trucks and many personal vehicles are outfitted with dash-cams for this exact reason. 

Our Kentucky truck accident injury lawyers can also use eyewitness testimony, GPS tracking data, medical records, and types of evidence to build a case. The police report on the accident is also often used as evidence. 

Trucking Company Regulations in the State of Kentucky

Kentucky requires specialized licenses for commercial truck drivers who operate vehicles over 60,000 pounds or for trucks exceeding 26,000 pounds or three axles that drive to other states [2]. The commercial driver’s license standards are more strict and rigorous than the regular driver’s license you need to operate passenger cars.

The Federal Motor Carrier Safety Administration has federal regulations surrounding the maximum hours of service that Kentucky truck drivers and trucking companies must follow [3].

Drivers of large trucks may drive only a maximum of 11 hours after having a 10-hour break. They are not allowed to drive after 14 consecutive hours of going on duty. They must take a 30-minute break after 8 hours of driving without one. They must not drive after 60 hours in 7 days or 70 hours in 8 days.

Under federal regulations, drivers must conduct pre-trip inspections on their commercial vehicles before they drive. They must also go for periodic inspections to make sure that their trucks are safe to operate [4]. 

How Are Most Truck Accident Settlements in Kentucky?

There is no standardized settlement amount for truck crashes in the state of Kentucky. Every case, even if there are similar circumstances involved in the car crash, has its own outcome. Hiring a skilled Kentucky truck accident injury attorney from our team can increase the size of your settlement.

Our Kentucky law firm helped recover $5.75 million for a client who suffered from serious injuries after being crushed by unloading cargo at a trucking distribution center. 

We also helped the family of a motorcyclist win a wrongful death settlement worth $14.1 million after their loved one was injured by a commercial vehicle that struck him. Accident reconstruction specialists were able to determine that the truck driver was acting recklessly and speeding by carefully analyzing the accident scene. 

Factors That Affect Truck Accident Settlement Amounts

Truck accident settlements are determined by several factors. The most prominent factor is the cost of losses and damages. 

This includes medical bills for victims, the cost of repairing or replacing a vehicle, and the costs of replacing other property damaged in the accident. These costs are based on actual costs or the value of damaged items and usually is compensated at that same amount. 

Other factors include punitive damages that the judge may rule in your favor. Punitive damages are compensation that the judge awards to victims as a way of punishing the at-fault party. It’s supposed to be a deterrent, and the amount can be anything that the judge decides. 

For instance, if a trucking company is forcing drivers to violate the federal trucking industry regulations by scheduling them for more shifts than allowed, the judge could apply punitive damages to punish it.

Truck Accident Victims and Injuries Suffered

Truck accidents typically cause much more serious injuries than other types of car wrecks. Some common injuries from truck accidents are: 

  • Bone fractures
  • Whiplash
  • Burns
  • Head injuries and TBIs
  • Concussions
  • Internal injuries
  • Spinal cord injuries
  • Crush injuries
  • Death

The weight of the commercial vehicle can contribute to the severity of the accident. For example, a tractor-trailer crash would likely cause more physical damage and have a higher likelihood of a fatality than an accident with a cargo truck. The speed of commercial vehicles and their cargo can also contribute to how severe injuries are.

Kentucky trucking accident injuries

What Kind of Damages Can a Kentucky Truck Accident Attorney Help You Recover?

Like any personal injury claim, the types of damages that can be recovered from truck accidents depend on who is filing the claim and your losses. 

In most truck accidents with passenger vehicles, accident victims can seek compensation for past and future medical bills, lost wages, pain and suffering, lost income potential, disability, disfigurement, replacement costs for your passenger vehicle, and emotional trauma. 

Truck Accident Wrongful Death Claim

If your loved one is killed in a commercial truck crash, you can seek compensation for funeral costs, unpaid medical expenses, the loss of financial support, and the loss of companionship.

Depending on the exact nature of what happened, the judge could assess punitive damages as a way to punish particularly neglectful or intentionally malicious behavior that led to the loss of your loved one.

How Long Does Settling a Truck Accident Case Take?

Settling a commercial truck accident case in the state of Kentucky typically takes over six months from filing to settlement. However, there are many factors that can impact the length of time it takes to go through the legal process. 

If a case is fairly straightforward and the amount requested for compensation is smaller, it would take less time to settle the case than a complex claim involving multi-millions of dollars that will go through the court system. If you hire a truck accident attorney from our team, they can give you some guidance on what to expect. 

It is also worth noting that hiring a lawyer will let insurance companies and other defendants know that you are more serious about the case, and they could be more likely to offer a settlement earlier than risk waiting to go through a public court trial. 

For a trucking company or government organization, a public trial has the potential to hurt their reputation. For this reason, they could be more likely to settle after a car crash than to risk it.

How Much Does Hiring a Kentucky Truck Accident Lawyer Cost?

If you work with a Kentucky truck accident attorney from Rosenfeld Injury Lawyers, you do not have to pay anything upfront for our help in seeking financial compensation after a truck crash.

Our law firm offers a free consultation, and we also work on a contingency basis, meaning that we are compensated a percentage of the settlement amount only after we help you secure it. You will not have any additional fees to pay upfront for legal support. 

Filing a Truck Accident Claim With Rosenfeld Injury Lawyers

In the weeks after an accident occurred, it is important to start the legal process. When working with our Kentucky truck accident lawyers, you can generally expect us to:

  • Meet with you to discuss what happened during your initial consultation
  • Investigate and gather evidence to support your truck accident lawsuit, including asking for photos of the accident scene
  • Consult with experts, including accident reconstruction specialists, if necessary
  • Lead settlement negotiations with your insurance company
  • Prepare and handle the case if it goes to trial

Contact a Kentucky Truck Accident Lawyer Today!

Contact a Kentucky truck accident injury lawyer at Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling our law firm toll-free at (888) 424-5757. We are available 24 hours a day to take your call. 

Our legal team works on a contingency basis, so you will not pay for our services unless we help you recover compensation. We have over 25 years of experience in navigation such cases, and our Kentucky personal injury lawyers have successfully recovered over $450 million in damages on behalf of victims and their family members.

Reach out to us today so we can help you file a personal injury lawsuit related to your truck crash and seek a fair settlement for the severe injuries, lost wages, and pain and suffering. 

Resources: [1] Kentucky Transportation Cabinet, [2] Kentucky Transportation Cabinet, [3] FMCSA, [4] FMCSA

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

– Ethan Armstrong

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

– Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

– Lisa

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Rosenfeld Injury Lawyers
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Chicago, IL 60606

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