Lexington Truck Accident Lawyer

Despite being just 5% of all registered vehicles, commercial trucks are implicated in 9% of all fatal crashes, a number that has jumped by 22% in the last ten years [1]. This means that of the 151 fatal accidents in Fayette County last year, approximately 14 of them were caused by a truck [2]. 

Truck accidents are more complicated than the average car accident due to the parties involved, interstate drivers, and the severity of injuries, which is why you need a Lexington truck accident lawyer to represent you. 

If you or a loved one have been in a commercial truck accident, call Rosenfeld Injury Lawyers at (888) 424-5757 to help you secure maximum compensation for the injuries you’ve suffered.

Who Is Held Liable in Truck Accident Cases in Lexington, KY

While the commercial truck driver is typically held responsible, many other parties may be partially liable for truck accident injuries. This can include the following:

• Trucking Company – Kentucky law is based on vicarious liability, which maintains that a company is responsible for the actions of its employees. An experienced Kentucky truck accident law firm can hold the trucking company liable for an incident involving one of their trucks. 
• Truck Manufacturer or Parts Manufacturer – The trucking industry is held to strict standards of safety. If an accident occurs because a truck part has a design flaw, they share the blame.
• Maintenance Crews – Improper truck maintenance, specifically regarding air brakes, is implicated in 29.4% of all commercial truck collisions [3]. Maintenance teams have a responsibility to check commercial vehicles and ensure that they are working properly.
• Municipalities – 7% of all Lexington roadways are poorly maintained, and 13% are in mediocre condition [4], which can lead to serious commercial truck accidents.
• Government Agencies – Dump trucks are one of the most common vehicle types in accidents involving large trucks [5]. If you suffered injuries as a result of a negligent city dump truck driver, our Lexington personal injury attorneys will ensure that the city is also held responsible.

What Is the Basis of Truck Accident Lawsuits

A personal injury claim is based on four factors: duty of care, breach of duty, cause, and damages. These are defined in KY law as such:

• Duty of Care – The at-fault party had a responsibility to act safely. Because large truck accidents cause serious injuries, truck drivers are held to a higher responsibility than ordinary passenger vehicle drivers.
• Breach of Duty – Breach of duty is when the entities responsible do not uphold the duty of care. In a trucking accident, this typically is about negligence, or the at-fault party failing to maintain safety precautions.
• Cause – The accident occurred as a result of the party’s breach of duty.
• Damages – You suffered a loss or injury because of the accident. In a serious accident, this typically includes personal injuries as well as property damage.

Proving Fault in a Truck Accident Case

Because a semi-truck accident is so complex, there’s a variety of evidence that can be used to prove fault. This evidence can include:

• Evidence from the Accident Scene – This can include surveillance footage, police reports, and evidence from accident investigations such as reconstructions and debris.
• Truck Data – A commercial vehicle has a black box just like other vehicles, which can prove whether the truck was improperly maintained or whether the truck driver was speeding.
• Driver Logs – The trucking company is required to keep logs of how long their truck drivers are on the road. If they do not provide adequate breaks, this can make them responsible.
• Maintenance Records – Failure to maintain a vehicle proves trucking company negligence.
• Inspection Reports – If a vehicle fails an inspection and then causes a serious truck accident, the company is also responsible.
• Cargo Logs – Trucks are only rated to hold so much cargo. If the truck driver or company overloaded the vehicle and then got into a truck crash, they can be held responsible.
• Medical Records – If you suffered severe injuries, you are typically entitled to more compensation.

Kentucky is a pure comparative fault state, which means that if you were responsible for less than 49% of the truck accident, you could receive compensation. Your allotted percentage of blame will reduce your settlement by that amount. 

How Much Are Most Truck Accident Settlements in Lexington, KY

Every truck accident is different, which greatly influences settlement amounts. Our truck accident attorneys will fight hard to get you fair compensation, as we have for these former clients:

• $5,750,000 – A worker at a distribution center suffered crush injuries while unloading cargo.
• $14,100,000 – A distracted, speeding truck driver turned left in front of a motorcyclist, killing him.
• $18,500,000 – After a devastating head-on collision with a truck, our client was left with permanent disabilities, including limited mobility. 

Factors That Affect Truck Accident Settlement Amounts

Truck accidents involve a variety of factors, all of which will influence your settlement. This can include:

• Cost of Losses – If you had to replace your car and were out of work for a significant period of time, this entitles you to more compensation.
• Extent of Injuries – Those who suffer major illnesses, like paralysis or traumatic brain injuries, receive more to cover their medical expenses and pain.
• Insurance Coverage – If the truck driver has minimal insurance coverage, this will reduce the available compensation.
• Evidence and Eyewitness Accounts – The more evidence available to prove liability in Lexington truck accidents, the more likely you are to get the maximum settlement. 

Truck Accident Victims and Injuries Suffered

Semi-truck accidents are often more devastating than car accidents, as an unladen tractor-trailer weighs approximately 35,000 pounds [6]. For comparison, the average pickup truck weighs a maximum of 4,700 pounds [7]. Common injuries following an accident involving a truck include:

• Spinal cord injury
• Traumatic brain injury or concussion
• Broken bones
• Lacerations
• Internal injuries

Types of Cases That Our Lexington Truck Accident Lawyers Handle

Our Lexington truck accident lawyers can handle a variety of different truck accident cases involving different vehicle types, liable parties, and road areas. We can divide these into the following three types:

• Vehicle Involved – From January to July of last year, the Lexington Police Department reported 1,329 vehicle accidents that resulted in injury, along with 26 fatalities [8]. A significant number of these involved semi-trucks, tractor-trailer vehicles, cargo trucks, and 18-wheelers. One notable example of these devastating truck accidents is one in which a semi collided with a police cruiser, resulting in one death [9].
• Responsible Party – 88% of all trucking accidents are caused by human error, whether by truck drivers or other drivers. At the same time, 40% of truck crashes involve maintenance issues as the primary factor or a contributing factor [10]. Parties that can be held responsible include other drivers, trucking companies, manufacturers, maintenance teams, and municipalities.  
• Notable Interstate – Located at the junction between I-75 and I-64, Lexington is also serviced by US Highways 25, 27, 60 and 68 [11]. I-75 is perhaps the most dangerous in the region, as evidenced by an incident where two separate accidents involving tractor-trailers shut down the interstate for hours [12]. 

The Most Common Causes of Trucking Accidents in Lexington, KY

A Lexington truck accident can occur for a variety of reasons, but these are some of the most common:

• Distraction – The Lexington Police report that 25% of all car accidents are the result of inattention to the road, which includes truck crashes [13].
• Fatigued Drivers – Overwork is a serious issue among trucking companies, which often impose unreasonable quotas on their drivers. Terrifyingly enough, 65% of truck drivers report often feeling drowsy while driving, while almost half admit to falling asleep at the wheel [14].
• Speeding – Aggressive drivers cause 35% of all crashes [15] and 75% of all fatal truck crashes involve speeding [16].
• Breaking Traffic Laws – Failure to yield can cause T-bone accidents, which can result in major injuries to drivers.
• Unsecured Cargo – Drivers and trucking companies have an obligation to properly secure cargo. In one recent example, a tanker truck crash allowed lead oxide, a highly toxic chemical, to spill across I-75 [17]. 
• Poor Maintenance – Brakes are of special concern in a semi-truck accident, but another major issue is tire blowouts, which cause 12,000 truck accidents nationwide per year [18]. 
• Faulty Parts – Sometimes, an accident is the manufacturer’s fault. Just this year, thousands of commercial vehicle tires were recalled due to a defect that could cause them to lose pressure [19].
• Untrained Drivers – One Kentucky truck driving training company can provide a driver with a CDL license in only 15 days [20], which isn’t enough time to learn all the safety measures necessary to operate such a large vehicle effectively. 

You Have Limited Time to File a Truck Accident Claim

It’s critical to call our Lexington truck accident attorneys right away, as the statute of limitations in Kentucky is incredibly short. For personal injury, wrongful death, corporate liability, and product liability, you have just one year to file a claim. 

Call us right away at (888) 424-5757 for assistance from a qualified truck accident lawyer. 

Damages That Our Lexington Truck Accident Attorneys Can Help You Recover

When you work with a personal injury attorney from our law firm, we’ll work hard to get you compensation for any costs you have incurred as a result of a commercial truck accident. This can include:

• Past and future medical bills
• Pain and suffering
• Past and future lost wages
• Disability or disfigurement
• Emotional trauma
• Vehicle repair/replacement
• Loss of enjoyment  

Truck Accident Wrongful Death Claim

Our personal injury law firm supports families of fatal truck accident victims throughout the healing process and ensures that they will be taken care of, now and in the future. This includes:

• Funeral costs
• Medical expenses
• Loss of financial support
• Loss of companionship
• Loss of care and instruction for children 

How Long Does Settling a Truck Accident Case Take

Typically, it takes our experienced truck accident attorneys over six months to settle a case, much of which involves negotiation with the responsible insurance company. This is why it’s important to contact us right away. The sooner you call us, the sooner we can help you close this chapter of your life.

Is Hiring a Lexington Truck Accident Lawyer Expensive

Your Kentucky truck accident attorney will work on a contingency fee basis, meaning that if we don’t help you receive compensation, you pay nothing for our services. 

Filing a Truck Accident Claim With Rosenfeld Injury Lawyers

Here is the seamless process that we will follow to minimize the impact on a victim’s everyday life, once they hire a Kentucky truck accident lawyer from our team.

• Free Consultation – We will collect all the facts of the case and decide whether we can work with you.
• Case Investigation – Your attorney will thoroughly investigate them using available evidence.
• Gathering Evidence – We will review everything from surveillance footage to accident reconstructions.
• Expert Consultation – Our firm has an extensive network of experts who can provide unbiased opinions.
• Insurance Company Negotiation – We know trials are stressful for clients and do our best to get you fair compensation outside of court.
• Trial Representation – If negotiations fail, we’ll walk you through every step of the trial process and ensure your interests are always represented in court. 

Contact a Lexington Truck Accident Attorney Today!

We believe that drivers and companies that operate large trucks should be held accountable for accidents that occur with their vehicles, and we have recovered over $450 million for our clients so far. If we don’t win, you owe us nothing, meaning there’s no risk in contacting us for a free consultation.

Rosenfeld Injury Lawyers can be your ally after a truck accident, helping you get back to normal with the compensation you deserve. Call us today at (888) 424-5757 to learn about how we can help you receive justice for your trucking accident.  

Resources: [1] National Safety Council, [2] Kentucky Transportation Center, [3] Federal Motor Carrier Safety Administration, [4] WKYT, [5] Kentucky Injury Prevention and Research Center, [6] J.D. Power, [7] J.D. Power, [8] Lexington Police Department, [9] WKYT, [10] Federal Motor Carrier Safety Association, [11] Visit Lexington, [12] Lexington Herald Leader, [13] Lexington Police Department, [14] Truck Safety Coalition, [15] WKYT, [16] Forbes, [17] Lexington Herald Leader, [18] National highway Traffic Safety Administration, [19] Truck, Parts, and Service, [20] Truck Driver Institute