Kentucky Injury Lawyers Blog
Collisions involving tractor trailers cannot be handled in the same manner as car wrecks since they involve laws and regulations implemented by the Federal Motor Carrier Safety Administration (FMSCA) in addition to the rules of the road every other driver must follow. Truck drivers are professional drivers that are held to higher standards and these standards have been put in place for your protection on the roadway.
Hiring an attorney that’s able to turn over every stone is vital to reaching the maximum recovery for you. The attorneys at Varellas & Varellas have the knowledge and experience to aggressively pursue your claims following a collision with a tractor trailer along with a track record of results. These results put insurance companies on notice that your case will be effectively litigated to recover all the benefits due you.
In Lexington, Fayette County, Kentucky alone there were 3,730 crashes involving heavy trucks between 2014 and 2018 while in Jefferson County there were 10,249. While Fayette and Jefferson Counties had the most accidents involving heavy trucks, the annual crash rate based upon each county’s population sheds light on which citizens of Kentucky are most at risk for being injured by a tractor trailer. Broken into five categories for increasing populations, the report determined Gallatin, Carroll, Hart, Scott, and Boone counties had the highest rates of collisions involving heavy trucks based on their populations.
The Kentucky Transportation Center (“KTC”) published the Kentucky Traffic Collision Facts Report analyzing crash data in Kentucky from collisions in 2019. For crashes involving trucks weighing over 10,000 pounds, which include tractor trailers, the KTC report found a recent increase in the number of crashes compared to the previous four-year average. Unfortunately, this increase in negligent driving has also increased the number of injuries and fatalities involving tractor-trailers crashes.
According to the KTC report, the most frequent contributing vehicular factors for tractor-trailer collisions in 2019 were as follows: Defective Brakes, Defective Headlights, Other Lighting Defects, Steering Failure, Tire Failure, Tow Hitch Failure, Overload/Improper Load, Oversized Load, and Load Securement. The top driver contributing factors leading to collisions were: Inattention, Misjudge Clearance, Not Under Proper Control, Failure to Yield Right of Way, Following Too Close, Too Fast for Conditions, and Distraction to name a few.
While this data focuses only on the tractor trailer and driver, it is often the negligent and sometimes intentional practices of the company that hired the driver and owns the truck which ultimately plays a major role in causing the collision. Unfortunately, the conduct of some companies frequently highlights practices aimed at earning higher profits rather than protecting your family’s safety. Inspections can be rushed and repairs can be pushed back – all aimed at making an extra few dollars while putting you at risk. Aggressively pursuing every trucking case is essential to your maximum recovery as punitive damages are often proper due to gross negligence and punitive damages can drastically increase the value of your claim.
After a collision, trucking companies or their insurance companies will immediately begin their investigation to gather as much information as possible to build a defense against your potential case. Hiring an attorney as soon as possible is not only vital to ensuring important evidence is preserved and gathered on your behalf, but doing so can also provide you with peace of mind while recovering from any injuries sustained. Our attorneys take the weight and stress of the claims process, gathering of medical records and medical bills and allow you and your family to focus on treating your injuries. The insurance company for the tractor trailer will try to obtain your statement from you seeking information which could potentially be used against you. Hiring an attorney immediately after the collision will protect you from the predatory practices frequently utilized by insurance companies.
If you are injured, the insurance company may offer a small settlement before you have contacted an attorney that some individuals may find attractive considering the stress and uncertainty of the situation. If this occurs, the adjuster is undoubtedly undervaluing your claim. It is important to hire an experienced attorney to ensure all areas of recovery available to you are being accounted for prior to signing any release of claims. You are not only entitled to past medical expenses in Kentucky, but also lost wages, property damage, future loss of earning capacity, future medical expenses, pain and suffering, and mental anguish as well as punitive damages.
With offices in Lexington and Louisville, Kentucky, Varellas & Varellas is perfectly situated to handle collisions involving tractor trailers across the entire state. Collisions involving tractor trailers resulting in any degree of injury are complex and normally require the assistance of an attorney to not only ensure you are fully compensated, but also to hold truck drivers, their companies, and the industry accountable for their actions.
Contact us locally at 859-252-4473 or 502-595-7955 or call us toll free at 877-634-1519. You can also use our online form to talk with one of our experienced trial lawyers about your potential claim involving a tractor trailer or for any other matters relating to wrongful death, dog attack, car wreck, nursing home neglect or abuse, medical malpractice or other personal injury.
