Many residents of Lexington rely on motor vehicles as their primary means of transportation. It is no secret that motorists are at risk of getting into an accident every time they drive. Even the safest drivers can get into an accident that was not their fault due to the negligence of other drivers.
Any type of auto accident can result in significant injuries, but truck accidents often involve the most serious, which can incur substantial personal and financial difficulties, like medical bills, lost wages, and emotional distress. At Maze Law Offices, our team of Lexington truck accident lawyers helps our clients seek the financial compensation they deserve.
If you have been injured in a truck wreck that was not your fault, you should be aware of your legal rights. Depending on the circumstances of the case, the driver and their employer could both potentially be considered liable. Contact us today to learn more about your legal options in a free consultation.
The Kentucky Transportation Cabinet regularly analyzes auto accident data and issues yearly reports. According to their 2020 Collision Facts Report, semi-trucks accounted for approximately 5 percent of vehicles in all collisions. While this is a relatively low percentage, trucks were involved in 9 percent of fatal collisions. This discrepancy illustrates the fact that accidents involving 18-wheelers are much more likely to involve severe or fatal injuries.
The annual Collision Facts Report also provides data on the common causes of various types of motor vehicle accidents. In 2020, there were 8,703 truck-related factors involved in Kentucky motor vehicle collisions. The most common contributing factors in Kentucky truck accidents include:
The Federal Motor Carrier Safety Administration (FMCSA) has strict rules regarding cargo securement. Cargo must be firmly secured using adequately strong structures. Inadequately secured cargo poses a serious accident risk, as unsecured cargo can shift and fall from the 18-wheeler.
While most truckers likely follow the FMCSA’s cargo securement rules, unsecured loads are still a common cause of truck crashes. In 2020, load securement was the leading contributing factor in Kentucky car accidents, contributing to 134 collisions. This is a form of negligence, and people who have been injured in unsecured load collisions may have grounds for a lawsuit.
Accounting for 105 Kentucky truck accidents in 2020, tire failure was the second most common contributing factor. Tire failure often results in serious accidents, as the driver can easily lose control of their vehicle.
There are several common causes of tire failure, many of which involve negligence:
If you were injured in a semi-truck crash involving tire failure, you can learn more about your case by contacting Maze Law Offices’ Lexington truck accident lawyers.
Defective brakes were a contributing factor in 77 Kentucky auto collisions in 2020. Manufacturing defects are often the cause of defective brakes. In such cases, the manufacturer could be held liable in a defective product lawsuit.
Brake-related accidents can also occur due to a lack of maintenance. Trucking companies have a legal duty to make sure brakes and other parts are in working order. If they fail to do so and an accident happens, they may be considered negligent.
Federal and state agencies regulate the amount of cargo weight truckers are permitted to carry. These regulations are designed in the interest of public safety. Excessively heavy cargo loads can weigh trucks down and make driving more difficult, increasing the risk of an accident. In 2020, oversized loads were a factor in 37 Kentucky semi-truck crashes.
Tow hitch failure was a contributing factor in 35 truck collisions in Kentucky in 2020. Hitches support trailers for commercial trucks. Truck drivers and trucking companies are obligated to make sure their tow hitches are in strong condition. These parts wear down over time and must be repaired and replaced regularly. If a tow hitch fails, the trailer load can detach and potentially cause a devastating accident.
Defective headlights and other lighting defects contributed to 24 Kentucky truck accidents in 2020. In accidents involving defective headlights or any other manufacturing defects, people who have been injured may have grounds for a lawsuit against the manufacturer.
Commercial trucks should be inspected and maintained regularly to ensure all parts are working efficiently, including the steering system. Steering failure can have many causes, but most of them are directly related to a lack of maintenance. Accidents caused by preventable steering failure could warrant a lawsuit against the driver or their employer. In 2020, there were 12 Kentucky truck accidents with steering failure as a contributing factor.
Victims of semi-truck accidents often suffer severe and potentially life-changing injuries. In some tragic cases, families lose loved ones due to these preventable crashes. Some of the most common injuries suffered by people involved in truck wrecks include:
If you or a loved one has recently been involved in an accident with an 18-wheeler in Kentucky, our Lexington truck accident lawyers are here to help during this difficult time. Contact us today to learn more about your legal options.
When a semi-truck driver is found at fault for causing an accident through negligence, anyone injured in the crash may have grounds for a lawsuit. However, liability for a truck wreck is often much more complex than a crash involving two private passenger vehicles. Many commercial truck accident lawsuits involve multiple defendants, as liability often falls on multiple parties.
Parties that can potentially be held liable for negligence that contributed to a truck accident include:
Truck accident cases often involve complex legal defenses as trucking companies, insurance companies, and sometimes even truck drivers attempt to reduce or avoid liability. Understanding these common defenses can help truck accident victims and their Lexington truck accident lawyer prepare for potential challenges when seeking fair compensation. Below are some of the strategies frequently used in truck accident cases.
1. Shifting Blame to the Victim
One of the most common defenses in trucking accident cases is to argue that the accident victim shares responsibility for the accident. Defendants may claim that the victim’s own actions, such as speeding, distracted driving, or failure to follow traffic laws, contributed to the collision. Kentucky follows comparative fault rules, meaning any percentage of fault attributed to the victim can reduce the compensation amount. This makes it crucial for victims to work with skilled Lexington truck accident lawyers who can counter these claims and defend their right to maximum compensation.
2. Claiming Unavoidable Circumstances
Trucking companies and truck drivers may argue that the accident occurred due to unavoidable circumstances, such as poor weather conditions, road hazards, or sudden medical emergencies. This defense aims to show that the accident was beyond the driver’s control. However, a Lexington truck accident attorney can investigate whether the driver or trucking company took necessary precautions or whether there was any negligence, such as driving too fast for conditions.
3. Denying Driver Negligence
In some cases, the truck driver and their employer may deny any negligence by claiming that the driver followed all safety protocols and traffic laws. They may argue that they adhered to FMCSA regulations, including hours-of-service rules and maintenance checks. This defense often requires accident victims and their truck accident lawyer to gather evidence like black box data, driver logs, and maintenance records to prove any lapses in compliance or driver negligence.
4. Asserting Mechanical Failure
Trucking companies sometimes argue that a defective auto part or mechanical failure caused the accident, shifting potential liability to the vehicle or parts manufacturer. For example, they may claim that a defective brake or steering failure contributed to the collision. If the accident was indeed due to a manufacturing defect, the manufacturer might be liable. However, if poor maintenance caused the failure, the trucking company could still be held accountable. Truck accident attorneys in Lexington are skilled in identifying the true cause of such mechanical issues.
5. Arguing That Damages Are Exaggerated
Insurance companies often try to reduce payouts by claiming that the accident victim’s injuries and medical bills are exaggerated. They may argue that pre-existing conditions, rather than the trucking accident, caused the severity of injuries. Lexington truck accident attorneys work with medical experts to document and validate the full extent of injuries and related medical expenses, countering any attempts to minimize the victim’s suffering.
6. Lack of Causation
In some cases, the defense may argue that the truck accident did not directly cause the injuries or damages being claimed. This defense tries to separate the accident from the victim’s injuries by suggesting that other factors, such as previous accidents or unrelated medical conditions, are to blame. An experienced truck accident lawyer can gather evidence, including medical records and accident scene photos, to prove that the accident directly caused the injuries.
7. Compliance with Safety Regulations
Trucking companies may argue that they followed all safety and regulatory requirements, including vehicle maintenance and driver training, thereby absolving themselves of liability. However, a thorough investigation by a Lexington truck accident attorney can sometimes reveal neglected maintenance schedules, insufficient training, or other lapses that contributed to the accident.
8. Arguing Independent Contractor Status
Sometimes, trucking companies attempt to distance themselves from liability by arguing that the truck driver is an independent contractor rather than an employee. This defense seeks to limit the trucking company’s liability by asserting that the driver is responsible for their own actions. A truck accident lawyer familiar with the trucking industry can help establish whether the company exerted enough control over the driver to still be held accountable.
Chandler Maze, Lexington Truck Accident Lawyer
If you or a loved one was recently injured in a truck accident, you are likely facing several financial and personal hurdles. These severe injuries often require extensive and costly medical care that leave the victim out of work for extended periods, not to mention that these are often traumatic experiences that cause serious emotional distress. That’s why it’s incredibly important to seek the compensation you deserve if you have been injured by the negligence of another.
At Maze Law Offices, our Lexington truck accident lawyers understand these challenges. We have helped countless Kentuckians recover the compensation for the damages they have suffered. We work on a contingency fee basis, which means you pay us nothing. We only receive money if we help you win your case. People who have serious injuries should not have to worry about the cost of securing experienced legal counsel. To learn more about your legal options after a truck accident, contact Maze Law Offices today.
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