Experienced Lexington Truck Accident Attorney
The amount of force involved in a truck accident is great enough to seriously injure, or even kill those involved. Weighing in at between 4,000 and 6,000 pounds, the average truck can be lethal, especially when colliding with another object at high speeds. This level of damage is nothing, however, compared to the damage that can be sustained in a collision with a commercial truck. When an accident happens with some this large, you need an experienced and proven Lexington truck accident lawyer on your side.
Every year, approximately 5,000 people die in the United States in trucking accidents, and many more people are involved in tractor-trailer wrecks. The vast majority of those injured or killed in trucking accidents are not truck drivers. A breakdown of recent data from the Insurance Institute for Highway Safety shows that truck crashes disproportionately injure or kill passenger vehicle occupants, motorcyclists, bicyclists, and pedestrians. One major cause of semi accidents is the trucks’ weight. A loaded commercial 18-wheeler can weigh up to an incredible 80,000 pounds. In addition, tractor-trailers are larger and are higher off of the ground than other motor vehicles – which are two issues that make them even more deadly on the road. It is not surprising that commercial truck accidents result in more serious injuries and fatalities than vehicle accidents that don’t involve a truck.
If you experienced serious injuries in a tractor-trailer accident, or if a loved one has been killed in an 18-wheeler accident, you need to get the fair compensation that you deserve in a manner that allows for a full or maximum recovery – and by all responsible parties. Our dedicated Lexington truck accident lawyer at Gladstein Law Firm, PLLC is committed to giving each of our clients the customized attention that they both deserve and need, and to making sure that the trucking industry is held responsible after cases of negligence. Schedule a free and private case review by our Lexington truck accident attorney.
Types of Truck, Semi, and 18-Wheeler Accidents in Lexington, KY
Semis, trucks, and 18-wheelers are involved in many types of devastating crashes. Some examples include:
- A truck rear-ending a vehicle in front of it;
- Head-on collisions and impacts;
- Intersecting vehicles;
- Trucks running off the road;
- A truck swerving out of its lane;
- A truck turning into another vehicle’s path;
- Trucks rolling over;
- A truck sideswiping another car, truck, motorcycle, or bicycle; and
- Trucks hitting objects in the road.
We also represent the following personal injury matters:
- Auto Vehicle Accidents
- Motorcycle Accidents
- Wrongful Death
- Slip & Fall
- Neck & Back Injuries
- Burn Accidents
- Electrocution Injuries
- Workplace & Construction Accidents
- Medical Malpractice
- Nursing Home Abuse
Possible Causes of Trucking Accidents in Lexington, KY
Truck accidents too often end in tragedy. In fact, according to the most recent data from the Kentucky State Police, there were more than 10,500 Kentucky truck accidents in 2018. While these accidents comprised just over 4% of all motor vehicle collisions in the state, they were responsible for over 9% of all traffic-related fatalities. Even in those cases where accident victims survive, the injuries are often severe.
Figuring out what caused the trucking accident is an important first step. There are many reasons for the large number of trucking accidents. Possible causes of a truck crash may include:
- Failing to observe traffic law, rules, and regulations;
- Drunk driving or driving under the influence of drugs;
- Driving in the wrong lane;
- Running red lights;
- Forcing other vehicles off the road;
- Driver inattention;
- Trucks changing lanes without using a turn signal; and
- Improper truck maintenance;
- Driver fatigue.
The Statute of Limitations for Truck Accidents in Lexington
The Kentucky Motor Vehicle Registrations Act (KRS 304.49, et. seq.) gives you up to two years from the date of the accident, or two years from the date of the last no-fault payment was received (but not to exceed four years after the accident date) to file a lawsuit. This can complicate matters, because there is a common misconception, pursuant to KRS 411.140, many people believe that you have only one to two years to file a claim. If, however, someone dies as a result of that motor vehicle accident, a wrongful death claim must be filed within one year of the appointment of the estate’s personal representative, but not to exceed two years from the date of death. For example, the individual dies in an auto accident January 1, 2016. But, an estate is not opened until July 1, 2016. The estate would then have until July 1, 2017 to file suit. If you are seeking compensation for a spouse’s lost love and affection resulting from any type of accident (known in Kentucky as a “loss of consortium” claim), you must file the claim within one year of the date of death. Therefore, if a spouse dies in a Kentucky car accident, the surviving spouse, essentially, only has one year from the date of the accident to file any and all claims arising from it, even though there is a two-year statute of limitations.
Trucking Company Negligence, Poor Regulations, and Fatigue
In the trucking industry, many commercial transportation companies will cut any corners that they can in order to increase their profits. A significant amount of the time, semi-truck accidents are the result of a negligent trucking company, poor federal trucking regulations, and stressed, distracted, or reckless drivers. That may mean that they engage in the following dangerous activities:
- Not properly vetting their drivers during the hiring process.
- Not properly training their drivers.
- Not properly supervising their drivers.
- Not testing their drivers for illegal substances.
- Encouraging their drivers to break federal trucking regulations.
- Encouraging their drivers to do whatever it takes to deliver loads more quickly.
- Not properly maintaining their vehicles.
- Not properly loading their vehicles.
- Not properly addressing the issue of distracted driving.
- Not properly addressing the issue of fatigued driving.
What Are Black Boxes and What Do They Do?
Black boxes, also called electronic control modules (ECMs) or event data recorders (EDRs), are devices on semi-trucks and other large commercial vehicles that record information about the vehicle and how it was traveling right before an accident. They are similar to the black boxes on airplanes, which help investigators understand what went wrong right before a crash.
Black boxes continually record information. When a truck is involved in an accident, the black box saves the information. Most black boxes record data after a “near accident,” as well. A near accident occurs when the truck driver suddenly slams on the brakes or quickly swerves to avoid a collision. Black box information is transmitted to either the trucking company or a third-party data management company.
The type of information a black box record includes:
- The truck’s speed;
- Whether the truck was accelerating or decelerating;
- Whether the truck driver applied the brakes;
- Whether cruise control was on;
- The length of time the truck driver was on the road that day;
- Whether the truck’s airbags deployed in an accident;
- The GPS location of the truck leading up to the accident;
- The air pressure of each of the truck’s tires; and
- The engine’s revolutions per minute.
This information can be critical to piecing together how an accident occurred and what the truck driver could have done differently to avoid the collision. Thus, the importance of black boxes as evidence for an accident claim cannot be overstated.
Have You Been Injured in a Lexington Truck Accident?
If you were recently injured in a truck accident or lost a loved one due to a truck driver’s negligence, reach out to the dedicated Lexington truck accident legal team at the Gladstein Law Firm, PLLC. We have more than two decades of experience handling all types of complex personal injury lawsuits and know where to look to uncover evidence of a truck driver’s negligence. We offer all prospective clients a free consultation, in which we will answer all your questions and explain the process in clear, understandable terms. And because we accept cases on a contingency basis, we will never charge you for our services unless we can help you recover from your injuries. To learn more and to schedule a free consultation to discuss your case with our dedicated Lexington truck accident attorney Seth Gladstein, give us a call, or you can contact us through our online form.