Collisions between trucks and other motor vehicles, or pedestrians, can be catastrophic. In many situations, the trucker, trucking company, truck manufacturer, maintenance provider, or loader is at fault for these accidents. Had each of these parties performed their duties properly, the accident may not have happened, preventing you from facing a lengthy recovery and steep medical bills. If you or a loved one has been injured in an accident with a truck due to a backing or a loading issue, speak to a Kentucky backing & loading accident lawyer at Flora Templeton Stuart. We will evaluate your type of accident in a free consultation and discuss your options for pursuing compensation. Call us at (888) 782-9090 today.
Why Choose Our Kentucky Backing & Loading Accident Lawyers
- Our team has more than 42 years of experience handling complex personal injury cases and will fight to make sure that the negligent party is held responsible for their actions.
- We have managed to secure more than tens of millions of dollars in settlements and verdicts for our clients.
- Insurance companies are aware of our reputation for taking cases to trial to fight for our clients.
How Backing/Loading Accidents Occur
Although truck back up collisions are at lower speeds, the size and momentum of the truck can still cause catastrophic injuries and damage. Back up crashes can typically be prevented, but often occur due to trucker negligence and the many blind spots while driving the vehicle. A trucker may also cause a collision when they fail to follow standard safe back up rules, which are:
Driver Responsibilities when Backing
- The unit must be brought to a complete stop.
- Roll window completely down.
- Make eye and verbal contact with the spotter.
- Do not back up if you cannot see or hear the spotter.
- Driver and spotter must continue eye contact in the left rearview mirror at all times.
- The spotter must signal to the driver indicating it is safe to begin backing.
- The trucker must give a warning honk twice on the horn just prior to backing.
Factors in Truck Load Accidents
Crashes related to semi-truck loading issues happen for a variety of reasons, including:
- Overloading: All commercial vehicles have a maximum weight limit that is dictated by the Federal Motor Carrier Safety Administration (FMCSA) and state laws. If a truck’s weight with the cargo is above its allowable weight, then there can be a higher risk of an accident.
- Improper Containers: Different containers are required for different types of cargo, especially when it comes to hazardous materials, liquids, and perishable items. If a potentially dangerous material is not properly contained and stored, then even a minor collision could become catastrophic.
- Unsecured or Improperly Secured Cargo: The FMCSA requires proper securement of cargo based on the type of load. For instance, all different kinds of cargo are loaded onto trucks such as dry goods, building materials, hazardous materials, and livestock. The cargo must be fully secured to the truck in order to prevent a potential accident due to cargo moving around or falling off the truck.
- Imbalanced Load: The balance of a load is also very important. If the weight of a trailer is greater on one side than the other, it may make driving the vehicle safely far more difficult. If the cargo moves to cause an imbalance, the trailer may move unexpectedly, possibly causing an accident.
Compensation after a Backing or Loading Truck Accident
If you were injured in a crash caused by a loading issue or from a backing truck, you may have the right to seek compensation for your:
- Medical expenses
- Loss of income
- Property damage
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of earning capacity
- Loss of society and companionship
Many truck accident claims are settled outside of court through an insurance claim. However, that does not mean you will receive the compensation you deserve. A Kentucky backing & loading accident lawyer to advocate for you, who is experienced in backing and loading accidents can ensure that you are not taken advantage of by an insurance company. If a fair settlement cannot be reached, an experienced truck accident attorney will not hesitate to take your claim to trial.
The Law Firm of Flora Templeton Stuart is Here to Help
If you or someone you love has been injured in a truck loading or backing accident, contact the Law Firm of Flora Templeton Stuart today. We have decades of experience handling these types of cases and will hold the responsible party accountable. Reach us today by calling (888) 782-9090 or filling out our contact form online and receive a free case evaluation.