Despite all the state and federal regulations for truckers, there is an average of just under 200,000 large truck accidents in the U.S. each year; in Kentucky, during the same four years, there were an average of 3,200-3.600 large truck accidents per year. Most of these accidents were due to truck driver negligence, negligence on the part of the trucking company, or both. If you’ve been involved in a serious truck accident, you may be eligible for a settlement. Call a Louisville truck accident lawyer at Grossman Green PLLC to learn more.
The legal concept of negligence
Negligence, legally speaking, is a four-element concept:
- One party owes another a duty of care for their safety
- That party failed to meet its duty of care through inaction, oversight, recklessness, carelessness, or malicious acts
- The breach of this duty of care caused you harm
- You suffered loss because of the harm that party caused you
The purpose of a truck accident injury lawsuit is to compensate the plaintiff (you, the victim) for the losses caused in the crash.
Clearly, a cash settlement can’t un-break bones or erase the terror of being hit by an 80,000-pound semi-truck, but the money can pay for high-quality medical care so you have a better chance of recovering. The compensation you receive can also cover property damage, lost wages from the time you missed at work, and provide consideration for your pain and suffering.
First, though, we must prove that the driver was negligent.
Proving truck driver negligence in Kentucky
By holding a Commercial Driver License (CDL), a trucker is deemed to know and understand the rules of the road and the dangers of driving a large commercial vehicle. This means following all traffic laws, driving the proper speed limit, keeping a safe distance from other vehicles, obeying special driving requirements for large trucks, and complying with all FMCSA requirements. Failure to do so is negligence.
Some common evidence we gather to prove that the trucker was not doing these above actions include:
- Photo and video evidence of the collision, like photos from the police report, dashcam footage from both vehicles or traffic and security camera footage
- Witness accounts, including passengers in both vehicles and nearby drivers
- Physical evidence, like skid marks, damage to each vehicle, or marks on a guardrail, post, or other piece of the road
We also collect and analyze data from each vehicle’s Event Data Recorder (EDR). These are like the “black box” on an airplane, recording the vehicle’s speed, torque, braking, and direction. Analyzing this electronic data reveals a lot about each driver’s actions. If the trucker or trucking company won’t release the EDR information, we subpoena it and work with our skilled accident reconstructionists to evaluate it. Often, too, trucking companies have dash cams installed on each truck. This evidence can be very compelling in trucking cases.
Using strong evidence to secure compensation
We weave this evidence with fine points of Kentucky personal injury laws to build our negligence-based claim. Often, we can settle truck accident cases out of court, especially with strong evidence. However, some cases must go to court in order to get all of the information needed from the trucking company so that the strongest case possible can be built. When we present your case to a jury, we may also use expert witnesses, such as medical and transportation industry experts.
The attorneys at Grossman Green PLLC have decades of combined experience proving truck driver negligence. If you have been hurt in a truck accident, please call us at (502) 657-7100 for a free consultation.