Kentucky Semi-Truck Accident Lawyers

Semi-truck and company/commercial truck accidents often result in serious injury or even death. Some commercial truck companies we have collected millions in damage from include garbage, semi, FedEx, dump, delivery, and landscaping trucks which have caused devastating injury to our clients. Their negligence may include: 

Blind Spot Lane Change 

A large truck has multiple blind spots that every driver on the road should be aware of, including: 

• Behind the trailer. If you are following a large truck, you should allow a large gap between yourself and the back of the trailer. Large trucks do not have
  rear-view mirrors like passenger vehicles do, so if you cannot see the mirrors on the sides of the cab, the driver simply cannot see you, sometimes as far back as 200 feet—or even more. Though all trailers are required by law to have rear underride guards in case of rear-end accidents, a collision with a fully-loaded tractor-trailer can still be devastating. 
• On either side of the trailer. Most trucks have truck blind spots on the left, but the right blind spot is particularly dangerous. It usually runs the full length of the trailer and the cab as well. The right blind spot can extend out as far as three lanes, making passing on the right a particularly dangerous situation. Trucks also require extra space on the right when making a right-hand turn. It is always best to avoid passing or even driving to the right of a truck. 
• In front of the cab. The driver’s cabin of a semi is very high off the ground. Given most engine-forward tractor designs, there is a significant area directly in front of a truck where any hazards, including smaller vehicles, are blocked by the engine compartment—and are completely invisible to the driver. 

Truck Driver Fatigue 

The Federal Motor Carrier Safety Administration (FMCSA) has a number of hours-of-service regulations to help prevent one main cause of semi-truck accidents, fatigue. 

For example, truckers carrying loads: 

• May drive a maximum of 11 hours after 10 consecutive hours off duty 
• May be on duty (driving and loading/unloading) a maximum of 14 hours after 10 consecutive hours off duty 
• May drive a maximum of 60 hours in seven consecutive days or 70 hours in eight consecutive days 
• Must take a 30-minute rest break during the first eight hours of a shift 

Driving a vehicle for long distances and/or for long periods of time is exhausting both physically and mentally. And that is if you do it sporadically. For long haul truck drivers who do this day after day, week after week for a living, “truck driver fatigue” only gets worse over time. Current federal regulations mandate drivers are only allowed to drive so many hours per day or week, but these numbers have been negotiated with large truck driving company lobbyists. As a result, many experts feel these allowances are too high and still represent a great danger to the driving public. 

Truck Driver Drug and Alcohol Abuse 

Across the states, commercial drivers must refrain from consuming alcohol at least 4 hours before operating a truck. Truck drivers should also not have any traces of alcohol in their blood when, even if it is below the legal limit. Employers are required to administer regular drug and alcohol testing for their drivers in order to prevent tragic semi-truck incidents caused by DUIs. 

Drug and alcohol abuse affects judgment and reflexes. The drunk driver is an impaired driver. The drunk driver cannot take actions to prevent an accident or lessen the seriousness of an accident. A drunk driving accident can be the result of a driver who has lost depth perception and does not appreciate speed and distance because of alcohol use. Drunk drivers often have erratic speeding patterns — too fast, then too slow. 

Drunk driving may extend liability in truck accident cases involving catastrophic injuries or wrongful death. In addition to the truck driver, liable parties in an injury case may include bar owners, restaurant owners, liquor stores and others who contributed to the driver being under the influence at the time of the accident. 

Truck Driver Backing Up Accidents 

“Backing is always dangerous” as indicated in the Commercial Drivers License manual. A driver is required to “Get Out and Look” (GOAL) before performing a backing maneuver. Spotters are often required to help a driver perform a backing maneuver. A driver should signal when he or she is backing up by honking the horn and putting on the four-way flashers. Commercial trucks can weigh up to 20,000 pounds and can take 2-3 times longer to stop than a passenger vehicle, making them very dangerous vehicles to be involved in an accident with. 

There are many reasons why backing a commercial truck is difficult: 

• Location: A driver backing near pedestrians or other cars might be easily distracted. Even in remote areas, a trucker may miss a pedestrian or another driver while going about their workday. 
• Hard to see: Semi-trucks do have backup alarms. Most people would recognize the distinctive “beep” of a reversing truck. This feature is great but some semi-truck drivers may rely on the alarm and fail to properly evaluate the area. 
• Low-light or harsh weather: Darkness makes pedestrians hard to see, especially if they’re wearing dark clothing. The same goes for other drivers in hard rain and strong winds. 

Truck Maintenance 

Semi-truck and commercial vehicle maintenance is important and necessary for the safety of everyone on the road. Drivers should perform pre-trip and post-trip vehicle inspections daily. These inspections include inspecting under-the-hood looking for leaks, frayed hoses, frayed wiring, and any parts that are bent, broken or cracked. Safety-critical equipment, such as tires and brakes are to be inspected daily. Lights, reflective tape, and signals in working condition are essential for a safe commercial vehicle. 

Truck drivers are required to conduct an inspection of their vehicle every time they go out. Semi-truck vehicle maintenance must be conducted on a regular basis. If the driver fails to conduct that inspection or fails to get required maintenance, they should be held accountable for any harm or damage caused. 

Failure to maintain these large trucks can result in a  catastrophic injury to innocent victims on the highways. Kentucky personal injury lawyer Flora Templeton Stuart and her team are ready to fight the big truck insurance companies for you. 

Commercial Truck U-Turn Accidents 

Making a U-turn is a high-risk maneuver for any vehicle, let alone when it is a large semi-truck. Due to the dangers involved, many truck companies prohibit drivers from making U-turns on public roadways. When truck drivers do decide to turn around in such a manner, they jeopardize the safety of themselves and other drivers. 

Accidents that are caused by a large truck making a U-turn are almost always the trucker’s fault. Even when there are times that are appropriate for a big rig to U-turn, drivers must be extremely cautious. For example, a trucker may be forced into taking a U-turn due to directions from law enforcement, an object or collision blocking the road, a low hanging overpass, or a natural disaster. 

Rear and Side Crash Accidents 

Big truck and semi-truck accidents are among the most severe traffic accidents on our roads, and rear or side crashes can be among the worst. Because of the massive weight and size difference between semi-trucks and cars, collisions frequently result in catastrophic damage and injuries. If you or a loved one suffered an injury in a rear or side crash, an experienced truck accident lawyer from Flora Templeton Stuart Accident Injury Lawyers is needed to investigate and assess the total damages of your case. 

Rideshare Accidents: Uber and Lyft 

The use of ride sharing is becoming much more common than that of a traditional taxicab service. The use of mobile apps, such as Uber or Lyft, for securing rides is very popular. Ridesharing is a great way to save money on transportation expenses, however, like any motor vehicle, there are frequent serious accidents involving rideshare vehicles. The Uber or Lyft driver may cause an accident and injure you or your loved one. 

The major difference between a typical car accident and a rideshare accident is the issue of liability. Rideshare drivers are required to have personal insurance coverage for driving when off-duty. This is in addition to the corporate insurance policy, which goes into effect when the Uber or Lyft app is turned on to accept rides.  

Sideswipe Accidents 

A sideswipe accident is any accident where one car makes contact with the side of another vehicle or large truck. They usually happen when one driver attempts to merge into another driver’s lane, or when one driver cuts the other driver off. In Kentucky, sideswipe accidents account for 20% of all collisions and 5% of all fatal collisions. 

Sideswipe accidents are one of the most dangerous types of accidents you could possibly be involved in. The point of impact is often two-fold: the collision itself and the second collision that happens when a car spins out of control to hit guardrails, trees, or other vehicles. 

They’re even more dangerous when the other vehicle is traveling in the opposite direction, or when the other vehicle is a semi or big truck. 

Rear End Truck Accidents 

While rear-end truck crashes are a serious accident, there are different types of risks unique to car and truck wrecks. These are called override or underride events. 

These events are caused due to the height of the semi-truck being high enough for certain cars to fit underneath the truck. 

• Override – If a semi-truck or commercial vehicle is the rear vehicle and hits a small or low-to-the-ground car, the bumper of the semi-truck may crush the top of the car. If this occurs, anyone in the car can be seriously injured. 
• Underride – If a car is the rear vehicle and hits the back bumper of the semi-truck or big truck, the car can drive under the back of the trailer. This can result in the car being crushed, trapped, or dragged by the semi-truck. If the trailer goes through the windshield, the injuries are often fatal.

Company Vehicle Accidents 

Kentucky’s law of vicarious liability typically holds an employer or company liable for an employee’s negligent actions. Because an employee is an agent of the employer when they’re driving a vehicle for work, the employer may be liable when an accident occurs. Determining when an employer is responsible for damages is decided based on whether the employee was acting within the scope of their employment duties at the time the accident took place. 

Wrongful Death Claims in Truck Accidents

Truck accidents can be fatal for occupants in passenger vehicles. In 2017, 4,657 fatal accidents in the U.S. involved large trucks. Thousands of victims lose their lives in collisions with commercial trucks each year. If you lost a family member of loved one in a recent commercial truck accident, hire a wrongful death attorney from the Law Firm of Flora Templeton Stuart to get the justice your family deserves. 

Our attorneys will usually have a family member appointed as administrator to handle the claim of your lost loved one. 

Who Can Be Held Liable In A Truck Accident?

When it comes to determining fault in semi-truck accidents establishing liability is complex. Multiple parties may be involved, including the driver, the trucking company, maintenance providers, and manufacturers. 

Understanding who can be held liable in a semi-truck accident is crucial in obtaining maximum compensation. At Flora Templeton Stuart, we have the experience and resources to thoroughly investigate all parties to ensure you receive the compensation you deserve.  

Here are the key parties who may be held liable in a truck accident: 

• The truck driver: It’s common in truck accident cases for the driver to be directly responsible for the crash. Whether the truck driver was negligent by engaging in reckless acts like drinking and driving, speeding, or distracted driving, they can be held accountable. Truck drivers are expected to follow all traffic laws and safety regulations to operate the truck responsibly.  
• The trucking company: Trucking companies can be held liable for semi-truck accidents for a wide range of reasons. If the accident was caused by issues related to mismanagement, the trucking company could be at fault. Anything from failing to properly vet driver qualifications to permitting unsafe driving practices can be deemed negligent. 
• Maintenance providers: Vehicle and equipment maintenance providers could be held liable. Trucking companies are required to ensure vehicles are well maintained, and when an accident happens due to poor maintenance or faulty equipment, the maintenance provider could be held accountable. Examples include failures like faulty brakes, worn tires, and broken lights. 
• The manufacturer: If the accident was caused by defective parts and equipment, the manufacturer can be held responsible. Whether it’s the maker of the truck or one of its components, accident injury victims can seek damages from manufacturers when their equipment causes dangerous malfunctions.
• Third-party contractors: As mentioned, determining fault in trucking accidents can be complex. Sometimes, accidents are caused by negligence on the part of loading companies and logistics providers. These third-party contractors are responsible for loading trucks properly and securing cargo safely. Logistics companies can also be held liable if they cause drivers to rush or drive fatigued. Each case is unique and determining liability often requires thorough investigation. At Flora Templeton Stuart, we have the resources and experience to handle complex semi-truck and commercial vehicle accidents. We employ industry experts and work closely with all parties to conduct a thorough investigation to ensure you receive the compensation you deserve.

How Is Fault Determined?

Because multiple parties can be involved in a trucking accident, determining fault can often be extremely complex. The process starts with a thorough investigation of the accident scene and the collection of critical evidence. 

Here’s a breakdown of how fault in commercial semi-truck accidents is assessed:

• Accident investigation: Determining fault starts with a thorough investigation of the accident scene. Both law enforcement and investigators gather evidence from the scene, including photos of skid marks, road conditions, and vehicle damage.
• Black box data: Black box data: Semi-trucks commonly have black boxes that record speed, braking, and engine data, which can help determine if the driver was negligent or if the equipment was faulty.
• Driver and company records: A complete review of the driver’s history will also help determine fault. Factors like adherence to safety protocols and hours-of-service laws often determine liability. 
• Maintenance records: To determine if the truck and equipment was properly maintained, a review of maintenance records is conducted. 
• Surveillance footage: Traffic cameras often catch important details about vehicular accidents, providing insights into whether it was an equipment failure or driver error.
• Witness testimonies: Eyewitness accounts, when obtained immediately after an accident, are valuable in capturing accurate details about the accident. They can help clarify the sequence of events and support other evidence in the fault determination process.
• Third-party liability: Investigation into third parties such as cargo loaders and logistics companies can help determine fault after a semi-truck accident.

Although determining fault can be a lengthy and complex process, Bowling Green truck accident attorneys have the expertise and experience necessary to investigate all aspects of the accident. While you focus on recovery, personal injury lawyers are working hard to hold responsible parties accountable and secure the compensation that you deserve.

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