Kaufman & Stigger, PLLC can guide you through the claims process if you’re injured in an underride truck accident in Lexington. Any accident with a large commercial truck is going to cause some level of damage, but an underride style accident is often more serious. No matter what the circumstances are, our team can help you through the aftermath. Set up a free consultation today.
Why a Lawyer Helps You After an Underride Accident
Underrides are unique—even among the many different kinds of truck accidents there are in Lexington. It’s not hard to see why. They involve your vehicle not just colliding with a truck, but then being trapped underneath it. That means one thing: serious injuries and damage. And when you find yourself in that situation, having a lawyer can make a real difference.
At Kaufman & Stigger, PLLC, we can help by:
- Investigating exactly how the underride accident happened
- Gathering black box data, driver logs, and inspection records
- Preserving evidence before it gets lost or destroyed
- Handling the back-and-forth with insurance companies
- Reviewing trucking company safety records
- Explaining the claims process in clear, understandable terms
Most people have never dealt with a serious truck accident before—let alone one as typically bad as an underride. It’s easy to feel overwhelmed when you suddenly have medical bills piling up while insurance companies start asking questions. Having someone guide you through the process can help bring some stability during a very stressful time.
Who Can Be Responsible for an Underride Truck Accident?
Given the nature of an underride truck accident, responsibility might seem cut-and-dry. But unfortunately, that’s rarely the case. Like any truck accident, there’s a lot happening behind the scenes that play a part in the collision itself. So with an underride truck accident, legal responsibility might fall on:
- The truck driver that caused the accident by:
- Stopping suddenly
- Making unsafe lane changes
- Driving without proper lighting
- Parking illegally on the roadside
- Failing to use hazard signals
- Driving while fatigued
- The trucking company itself may also share responsibility if it:
- Failed to maintain the truck or trailer
- Ignored safety violations
- Forced drivers to work beyond legal driving limits
- Hired unqualified drivers
- Allowed unsafe equipment to remain on the road
- Defective trailer parts, faulty lighting systems, or improperly designed underride guards can sometimes contribute to these accidents. In those situations, the manufacturer may share some of the responsibility.
- Maintenance companies. Some trucking companies outsource inspections and repairs. If maintenance workers failed to repair damaged equipment or ignored safety problems, they may also be responsible.
- Other drivers. Sometimes another vehicle triggers the entire situation. A chain-reaction collision or sudden traffic event may involve multiple drivers, not just the truck itself.
One difficult part of these cases is that different companies and groups often start blaming one another almost immediately. While that’s happening, you’re left stuck in the middle trying to deal with your new normal of injuries and other problems. That’s where the claims process can help you, though.
What the Claims Process Looks Like After an Underride Truck Accident in Lexington
Because underride accidents typically mean catastrophic injuries, trucking companies and their insurance carriers tend to aggressively defend these claims. They do that by picking apart everything that happened, looking for the slightest daylight to devalue your claim.
But the actual process is the same as any other injury claim. This means it usually starts with:
- An insurance claim outside of court. Here, the insurance company investigates the claim and may request medical records, statements, and additional documentation. Negotiations often follow, but again, they control what they offer you. And their overall goal is to save money.
- Filing a lawsuit. If the insurance company refuses to offer a fair settlement, filing a lawsuit may become the next step. That does not automatically mean the case will go to trial, though. Many truck accident cases still settle before reaching a courtroom.
The purpose of a claim is to recover financial support for losses connected to the accident, including:
- Medical expenses
- Future medical treatment
- Lost income
- Reduced future earning ability
- Vehicle damage
- Pain and suffering
- Emotional distress
- Permanent disability
- Scarring or disfigurement
- Loss of enjoyment of daily life
- Funeral expenses in fatal accident cases
Kentucky also has deadlines for filing injury claims. Waiting too long can affect your ability to recover damages, especially in truck accident cases where evidence can disappear quickly.
Evidence That Can Strengthen Your Truck Accident Claim
Evidence matters in any truck accident claim, but when you’re the one involved in an underride style accident, it becomes even more important because of the level of damage involved and how hard the trucking company is going to fight it. With that, here’s what you can use to strengthen your claim:
- Police reports from the Lexington Police Department or Kentucky State Police can provide important early details about the accident. These reports may include witness statements, crash diagrams, roadway conditions, and the responding officer’s initial findings.
- Medical records help connect your injuries directly to the accident. Emergency room visits, surgeries, physical therapy appointments, rehabilitation records, and follow-up care can all help show the seriousness of your injuries and the treatment you’ve needed.
- The truck’s electronic data recorders, commonly called black boxes. These systems may record speed, braking activity, steering input, and other driving information leading up to the collision. In underride accidents, this data can sometimes help show whether the truck stopped suddenly, changed lanes without warning, or failed to react in time.
- Maintenance or service records that show:
- Faulty trailer lights
- Brake problems
- Worn tires
- Missing reflective markings
- Damaged underride guards
- Pictures from the accident scene can help show trailer positioning, visibility conditions, skid marks, vehicle damage, and roadway layout. Dashcam footage or traffic camera footage may also help capture the moments leading up to the collision.
Trying to get all of this evidence while recovering from major injuries can be exhausting. But it’s this information that’s going to make up the foundation of your claim.
Where Underride Truck Accidents Often Happen in Lexington
Underride truck accidents can happen almost anywhere, but they’re more likely in areas with heavy commercial truck traffic, merging lanes, poor visibility, or sudden traffic slowdowns. In Lexington, truck accidents are more common around areas like:
- Interstate 75
- Interstate 64
- New Circle Road
- Man o’ War Boulevard
- Industrial corridors and warehouse routes near the interstate system
These accidents may become more likely during:
- Nighttime driving
- Heavy rain
- Dense traffic
- Foggy conditions
- Poorly lit roadways
- Stop-and-go highway congestion
Even a brief visibility issue can create a dangerous situation when a passenger vehicle approaches the rear or side of a large trailer.
Talk With Kaufman & Stigger After an Underride Truck Accident in Lexington
An underride truck accident can change your life in seconds. Beyond the physical injuries, you may suddenly be dealing with surgeries, rehabilitation, missed paychecks, insurance calls, and uncertainty about the future.
At Kaufman & Stigger, PLLC, we can help you understand your options and get the necessary information you need to hold the trucking company accountable. Set up a free consultation today.
