A Chevrolet sedan went off the road and spun across the road across the centerline and was struck by a tractor-trailer killing both occupants of the sedan. Police at the scene said the crash happened around 3:30 pm Wednesday, January 19, 2019, near the 22000 block of Louisville Road. Both were residents of Rocky Hill and were pronounced dead at the scene, and according to police, neither were wearing their seatbelts.
Tractor Trailer Accidents
When a passenger car and a tractor-trailer collide, the damage to the smaller car can be immense. A fully-loaded tractor trailer can weigh as much as 80,000 lbs. while the average sedan weighs around 3,500 lbs. Add speed and momentum to the tractor trailer, and the risk to other vehicles out there are great.
Traveling Near Bigger Vehicles
Although it may not have made a difference in the above-mentioned vehicle, there are some things that drivers can do to reduce their risk of injury around big rigs. The Federal Motor Carriers Safety Administration provides tips for safety when dealing with large commercial vehicles:
- Stay out of the No Zones: Large truck sand buses have huge blind spots on all four sides. One rule of thumb is if you can’t see the driver in their mirror, then cant see you.
- Pass Safely: Make sure the driver can see you, and then pass quickly not riding next to the rig very long.
- Don’t Cut it Close:. It’s especially dangerous to “cut off” large commercial vehicle as they can’t stop as quick as a car.
- Stay Back.
- Anticipate Wide Turns: Big rigs need a wide berth, and if you can learn to anticipate that, you can avoid injury.
- Be Patient: Frustration can make you do something rash. Slow down and save lives.
- Buckle up: Always wear your seat belt and require your passenger to do the same.
- Don’t Drink and Drive: This is good advice for any driving situation. Impairment puts you and anyone else on the road at risk.
Seatbelts save lives. All studies show that the wearing of seatbelts increases the likelihood of avoiding both fatalities and severe injuries. Across the U.S., seatbelt usage for drivers has steadily gone up, and while it’s lagging for passengers, it has gone up for them as well. This is good news and might be partially responsible for the drop in fatality rates over the last decade.
Can I get Compensation if I Didn’t Wear my Seatbelt?
Many people injured in a car accident often feel that if they were wearing their seatbelt, they wouldn’t have been as severely injured, so they don’t deserve to get compensation for their injuries. This is not accurate. Under Kentucky law, if a person violates the vehicle codes, this can’t be used against them in a civil court for a personal injury case.
This means that if someone violates the law, that violation alone doesn’t make them liable in a civil suit. As in all personal injury cases, the person bringing the suit has to show the at-fault person was negligent. Once that is established, then the injured person can collect for all damages regardless of whether he or she was wearing a seatbelt.
Do I need an Attorney?
It’s up to each injured person whether they get an attorney. However, in cases where the other insurance company might try to blame the injured party, it is best to have an attorney on your side that knows the law and can go toe-to-toe with the insurance company and their lawyers.
When you call Kaufman & Stigger, PLLC, at 800 937-8443, you will immediately speak to a member of the legal team and not a message machine. You can also Live Chat with an expert who can immediately began helping you with your claim.