Being in an accident with a large truck can be devastating. Often, this leads to severe injuries, costly medical bills, and long-term financial consequences.
These accidents are more complex than typical car crashes because of the much greater size and weight of commercial trucks, the multiple parties involved, and the complicated federal and state regulations that govern the trucking industry.
If you or a loved one has been involved in a truck accident in Lexington, Thomas Law Offices can help you seek fair compensation and hold responsible parties accountable. Reach out to our Lexington truck accident lawyer.
Why Truck Accidents Are More Complicated Than Car Crashes
Truck accidents aren’t just bigger versions of car accidents, as they often involve unique challenges that require a highly detailed investigation. While in most passenger vehicle accidents, fault typically lies with one or both drivers, a truck accident can involve more than just two parties, including:
- The truck driver
- The trucking company
- The truck’s owner
- Maintenance companies
- Cargo loaders
- Manufacturers of defective parts
Determining who is responsible requires an in-depth review of evidence, including driver logs, truck maintenance records, and company policies. The Federal Motor Carrier Safety Administration (FMCSA) imposes strict rules on trucking companies regarding driver hours, maintenance schedules, and cargo loading procedures.
Violating any of these can increase the likelihood of an accident and impact liability.
Common Causes of Truck Accidents
Truck accidents happen for many reasons, most of which are preventable. The most common causes often include:
- Driver Fatigue: Despite regulations limiting driving hours, some truck drivers exceed these limits in hopes of meeting tight deadlines. The resulting fatigue impairs reaction time and decision-making, increasing the likelihood of an accident.
- Distracted Driving: Using a phone, adjusting navigation, or even eating while driving can take a truck driver’s attention off the road, leading to catastrophic consequences.
- Speeding and Reckless Driving: Because of their weight, commercial trucks require a lot more time and distance to make a complete stop. When drivers speed or make sudden lane changes, accidents can become unavoidable.
- Improper Loading: Unbalanced or overweight cargo can make a truck unstable, leading to rollovers or cargo spills.
- Mechanical Failures: Issues caused by poorly cared-for brakes, tire blowouts, or failures in steering systems can lead to serious accidents. If a trucking company neglects routine maintenance, they may be liable for the crash.
Common Injuries in Truck Accidents
Truck accidents often result in severe injuries simply because of the sheer size and weight of these vehicles.
One of the most common injuries that victims suffer is traumatic brain injury, the effects of which can range from mild concussions to life-altering brain damage. The force of impact may cause a victim’s head to strike a hard surface, leading to cognitive impairments, memory loss, and long-term neurological complications.
Spinal cord injuries are also frequent, with some victims suffering from partial or complete paralysis. Damage to the spine can affect mobility, sensation, and even organ function, requiring lifelong medical care.
Broken bones and fractures occur in many truck crashes, as the impact can crush limbs by causing severe force against the body. These injuries often require extensive surgery, rehabilitation therapies, and extended recovery periods.
Internal injuries, like organ damage or internal bleeding, are hazardous because they may not be immediately visible. The force from a collision can rupture organs like the liver, kidneys, or spleen, leading to life-threatening conditions that require emergency surgery.
Whiplash and other neck injuries are common, particularly in rear-end truck accidents.
When the head is snapped in a sudden jerking motion, muscles can be strained, ligaments torn, and vertebrae damaged, causing chronic pain and limited mobility. Many victims experience lasting discomfort, headaches, and dizziness long after the accident. Soft tissue injuries, like sprains, strains, and deep bruising, often seem minor initially but can worsen with time, leading to long-term pain and swelling.
Recovery from such injuries can be long and difficult, often requiring extensive medical treatment, rehabilitation, and long-term care. Some injuries result in permanent disability, altering a victim’s quality of life forever.
The Financial Impact of a Truck Accident
Of course, the financial impacts of a truck accident can be overwhelming, too, and affect victims in multiple ways.
Medical expenses often become the most immediate and significant cost, especially when serious injuries require emergency care, surgeries, rehabilitation, and long-term treatment. Hospital stays, medications, and specialized care for complicated conditions like TBIs or spinal injuries can add up quickly, causing serious financial strain even if you have insurance.
Lost wages further compound the burden. Many truck accident victims cannot return to work right away, and some may face long-term disability, reducing or eliminating their earning capacity.
Self-employed individuals and hourly workers are especially vulnerable, as their income depends on their ability to work. If a victim cannot return to their previous profession due to permanent injuries, they may also face the cost of retraining for a new career.
Vehicle and property damage add to the financial toll as well. Accidents with trucks often result in total vehicle loss, leading to extensive (and costly) repairs or needing to purchase a new car.
Even if insurance covers part of the expense, deductibles and out-of-pocket costs can be substantial.
How a Lexington Truck Accident Lawyer Can Help
Dealing with the legalities following a truck accident case can be challenging to do alone. A skilled Lexington truck accident lawyer can provide invaluable experience and help, including:
- Investigating the accident and gathering evidence
- Identifying all liable parties
- Negotiating with insurance companies to secure maximum compensation
- Filing a lawsuit if necessary to seek fair recompense
Truck accident attorneys have access to experts who can reconstruct the accident, analyze vehicle damage, and assess the long-term financial impact of injuries. With an attorney handling the legal complexities, you can focus on healing.
Dealing With Insurance Companies
Insurance companies representing trucking companies are often aggressive in protecting their bottom line. They may attempt to shift blame, dispute the severity of injuries, or pressure you into accepting quick, lowball settlements.
Your lawyer understands these tactics and can push back against unfair settlement offers.
Before you speak to an insurance adjuster, it’s essential to consult with your attorney. Anything you say to an adjuster can be used to undermine your claim. Your lawyer can handle all communication and ensure you don’t accept less than you deserve.
Proving Liability in a Truck Accident Case
Establishing liability in a big rig accident requires thorough investigation and extensive evidence gathering.
Key pieces of evidence may include:
- The truck driver’s logbook showed how long they’d been driving before the crash
- Maintenance records, which reveal whether the truck was properly maintained
- The truck’s black box data, which records the truck’s speed, braking, and other critical details
- Eyewitness statements
- Police reports
- Surveillance footage from traffic cameras or nearby businesses
Sadly, many truck accidents result in fatalities. When a loved one is lost in a truck accident due to negligence, surviving family members may pursue a wrongful death claim.
A lawyer will analyze all of this evidence to build a strong case on your behalf that holds all responsible parties accountable.
Why You Need to Act Quickly
Truck accident claims are subject to deadlines, known as statutes of limitations. Victims in Kentucky generally have two years from the date of the accident to file a personal injury claim, though there are exceptions.
Delays in taking legal action can weaken your case. Evidence may get lost, and witnesses’ memories may fade over time.
By immediately consulting a truck accident lawyer, you can greatly increase your chances of reaching a successful outcome.
Thomas Law Offices Can Take on Your Case
A truck accident can change the direction of your life in an instant, leaving you to deal with physical pain, emotional trauma, and financial uncertainty. A Lexington truck accident lawyer can provide the support and guidance you’ll need to navigate these issues and the legal system to secure fair compensation.
If you or a loved one has been injured in a truck accident, you don’t have to face this battle alone.
At Thomas Law Offices, our experienced legal professionals can make all the difference in getting you and your family the compensation you need to move forward with your lives.
Contact us today for a free consultation.
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