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Is the Trucking Company Responsible if a Lexington Truck Driver Hits Me?

Kaufman & Stigger, PLLC helps victims hurt in Lexington truck accidents. Truck accidents in Lexington often cause more severe injuries and damages than other vehicle accidents, but you still have legal options if you’re involved in one. If you or someone you know has been injured in a truck accident in Lexington, contact us for a free consultation.

Should You Get a Lawyer?

Unfortunately, a truck accident is something that can happen to you in Lexington. While it’s similar to other vehicle accidents in legal terms, it’s quite different in reality. Most of the time, you’re facing serious injuries and other complications that are very hard to deal with. So, while you’re not required to get a lawyer, having one is extremely helpful in these cases.

Our team at Kaufman & Stigger can help you by:

  • Figuring out who’s responsible – Truck accidents can be tricky since many drivers work on their own. We’ll help you find out who’s at fault and guide you through the claims process.
  • Collecting evidence – We’ll gather medical records, photos, videos, and other important proof to strengthen your case.
  • Handling insurance – We’ll deal with the insurance companies, whether it’s the driver’s or the trucking company’s, to make sure you get fair compensation.
  • Supporting you throughout the process – We’ll be by your side throughout the process, so you can focus on getting better.

Getting financial support for your injuries takes several steps, and every case is different. We’ll customize our approach to fit your situation, with the first step usually being figuring out who’s responsible–whether that be the trucking company or someone else.

Is a Trucking Company Responsible When a Truck Driver Hits Me?

When it comes to legal responsibility, a truck accident can be pretty difficult to untangle. This is because there’s many different people involved in the process–most importantly the driver and the company they work for.

In general, though, legal responsibility–or liability–rests on whoever was negligent and caused the accident itself. In most cases of a truck accident, this is going to involve the driver in some way. But, since the driver is only acting within their job description when they drive the company’s truck, the company itself can also be liable under “vicarious liability.” This can also get complicated, but it generally means that the company can be liable for the driver’s negligence. Here’s how that usually happens: 

  • Negligent hiring – If the trucking company hires a driver with a bad driving record or no qualifications, and that driver causes an accident, the company can be held liable.
  • Failure to maintain the truck – If the company doesn’t keep its trucks in good condition—like not checking brakes or tires–and a mechanical failure leads to an accident, the company is responsible.
  • Forcing drivers to break regulations – If the trucking company pressures drivers to work longer than allowed, making them too tired to drive safely, the company can be liable if the driver causes an accident.
  • Improper loading – If the company loads cargo incorrectly, making the truck unstable or too heavy, and this causes an accident, the company is at fault.
  • Inadequate training – If the company doesn’t train drivers properly, leading to unsafe driving, it can be responsible if that lack of training contributes to an accident.

In these situations, the company’s actions or inaction play a role in causing the accident, making them liable for damages because they were effectively negligent. But remember, everything depends on the circumstances. So, it’s important to know what you need to do after the accident itself.

How Can You Protect Your Truck Accident Claim?

No matter who’s responsible for the accident, you have to take certain steps to protect your claim–and your health. At the same time, it’s much more difficult to do this after a truck accident because of your likely injuries and other things you’ll run up against. Still, it’s important to do the following: 

  • Call for help – Your health always comes first, so call an ambulance for immediate help. EMTs will look you over at the scene, but it’s important to also get further care from your doctor or visit a hospital for evaluation and treatment to take care of any hidden injuries.
  • Report the accident – At the same time you have 911 on the line, make sure they call the local police (Lexington Police Department, KSP, or county sheriff). Officers will come to the scene, secure the area, and help gather information from everyone involved.
  • Document the accident scene yourself – If it’s safe, take notes and pictures of the accident scene, including the date, time, weather conditions, and vehicles involved. Be sure to exchange contact and insurance information with others, especially the truck driver and witnesses.

  • Keep track of evidence – Keep copies of important documents like medical records and repair estimates. These will be valuable when dealing with insurance claims or a lawsuit later.

Truck accidents often lead to serious injuries or fatalities, it’s essential to take these steps to protect your claim. It’s also important not to admit fault and to be careful when making statements. By keeping all this in mind, you can start thinking about your next move: legal options.

What Legal Options Are There After a Truck Accident?

The reason that liability is so important in a truck accident–whether it falls on the trucking company or someone else–is that it sets the course of your claim. It tells you who pays for your “damages”, but more importantly, tells you who you’ll be filing a claim against.

Once that’s figured out, you generally have two options:

  • Filing an insurance claim
  • Filing a lawsuit

The main goal of the legal process–and the key to your protection in a truck accident–is to recover “damages” from the responsible party. This term refers to your losses, and a successful claim can help you recover:

  • Medical expenses
  • Ongoing care, devices, and therapy costs
  • Lost income from missed work
  • Loss of earning potential or benefits if your injuries are permanent
  • Repair/replacement costs for your car or damaged property
  • Costs relating to your physical pain, suffering, and emotional distress
  • Costs related to any reduction in your quality of life or relationships
  • Wrongful death expenses if your injuries are fatal
  • Punitive damages, in cases of intentional negligence

While the specifics of the process may vary for each case, one important aspect remains constant: the statute of limitations. In Kentucky, you generally have one year from the date of the accident to file your claim. Missing this deadline means you can’t file a claim and can’t recover damages, no matter how strong your case may be.

Experienced Truck Accident Lawyers Serving Lexington

At Kaufman & Stigger, PLLC, we always put your physical and emotional recovery first following a truck accident. Our team of experienced Lexington truck accident lawyers are here to provide the support you need by guiding you through the legal process and figuring out who pays for your damages. You never want to get hurt in a truck accident, but if it does happen, you can rely on our team. Contact us today for a free consultation.