Kaufman & Stigger, PLLC helps truck accident victims in Louisville. When you’re hurt in a truck accident, it’s obviously a pretty scary situation. But aside from injuries, these accidents are particularly difficult in terms of figuring out legal responsibility. Our team has the experience and resources to help you. Contact us today for a free consultation.
Do You Need a Lawyer After a Truck Accident?
A truck accident can happen to anyone in Louisville, and while it’s treated like any other vehicle accident legally, the reality can be much different. Often, you face serious injuries and complications that can be overwhelming. While hiring a lawyer isn’t a requirement, having one can be incredibly helpful in these situations.
At Kaufman & Stigger, our team can help you by:
- Figuring out liability – Truck accidents can be complex with so many different people and companies involved. We’ll help you identify who’s at fault and navigate the claims process.
- Gathering crucial evidence and information – We’ll collect medical records, photos, videos, and other crucial evidence to strengthen your case.
- Handling negotiations with insurance companies – We’ll handle negotiations with insurance companies, whether it’s the driver’s or the trucking company’s, to make sure you get a fair result.
- Providing you with support – We’ll be with you every step of the way, allowing you to focus on your recovery.
Getting financial support for your injuries requires several legal steps, and each case is different. We’ll customize our approach based on your situation. Before worrying about legal responsibility, you still have to respond to the accident in the right way.
What Should You Do After the Truck Accident?
No matter where it happens or what the circumstances are, you have to take certain steps right after the truck accident happens. This will do two things: it’ll take care of your health and immediate safety, and second, it’ll help set the foundation of your potential claim. So, when you’re in a truck accident, here’s what you need to do:
- Call 911 – Your health is the top priority, so call 911 for an ambulance for immediate medical help. EMTs will assess how hurt you are at the scene, but it’s also important to get further care from your doctor or a hospital to take care of any hidden injuries.
- Make sure police are informed – While you have 911 on the line, ensure they contact the local police (Louisville Metro Police Department or county sheriff). Officers will arrive at the scene, secure the area, and help collect information from everyone involved.
- Document the scene – If it’s safe to do so, take notes and photos 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 any witnesses.
- Preserve your evidence – Maintain copies of important documents like medical records and repair estimates. These will be crucial when dealing with insurance claims or a lawsuit later on.
- Don’t admit fault – Keep from admitting fault and be cautious when making statements.
Since truck accidents often result in serious injuries or fatalities, it’s vital to take these steps to protect your claim. By keeping this in mind, you can begin to consider your next steps: figuring out who’s responsible for the accident.
How Responsible is the Trucking Company After an Accident?
By now, you probably understand that legal responsibility–or liability–in a truck accident can be pretty confusing. But in general liability falls on whoever was negligent and caused the accident. In most truck accident cases, this usually involves the driver. However, since the driver is acting within their job when driving a company’s truck, the trucking company can also be held liable under the principle of “vicarious liability.” This means the company can be responsible for the driver’s negligence.
But there are other ways that the trucking company can be liable:
- Negligent hiring – If the trucking company hires a driver with a poor driving record or insufficient qualifications, and that driver causes an accident, the company can be liable.
- Improper or inadequate maintenance – If the company neglects to keep its trucks in proper condition–like not checking brakes or tires–and this leads to an accident, the company is responsible.
- Forcing drivers to break regulations – If a trucking company pressures drivers to work beyond regulations, it leads to all sorts of issues. They can be held liable if the driver causes an accident while not following regulations.
- Improper cargo loading – If the company incorrectly loads cargo, causing the truck to be unstable or overweight, resulting in an accident, the company is at fault.
- Inadequate training – If the company fails to properly train drivers, resulting in unsafe driving practices, they can be responsible if this lack of training contributes to an accident.
Even with a trucking company being responsible, your legal options are ultimately going to boil down to the specific circumstances of your accident. Regardless, when someone or a company is negligent, it gives you the right to file an injury claim.
What Claim Options Do You Have After a Truck Accident?
After a truck accident, you generally have two main options: filing an insurance claim or filing a personal injury lawsuit.
- Insurance claim – The insurance company will investigate the accident, gather evidence, and may offer a settlement. However, this settlement might not cover all your expenses, especially if you have serious injuries, which could lead you to consider filing a lawsuit.
- Lawsuit – If the settlement is insufficient, we can guide you through the legal process, which involves filing a complaint, attending court hearings, negotiating, and possibly going to trial.
The goal in both processes is to recover “damages,” which may include:
- Medical expenses
- Lost wages
- Emotional distress
- Pain and suffering
- Reduced quality of life or companionship
- Wrongful death expenses, like funeral or burial costs if your injuries are fatal.
- Punitive damages, in certain cases
In Kentucky, it’s essential to file your claim within the statute of limitations, which is typically one year from the date of the accident. Additionally, you should also understand the comparative negligence rule, which can affect how much compensation you receive based on your share of fault in the accident. This makes it vital to present a strong case to maximize your recovery.
Rely on Kaufman & Stigger After a Louisville Truck Accident
At Kaufman & Stigger, you can count on our experienced lawyers to build a strong claim after a truck accident in Louisville. Whether it’s legal guidance with liability or simply giving you the support you need to see your claim through to the end, we’re here for you every step of the way. Contact us today for a free consultation.
