Tag: Personal Injury Advice

Who is Responsible For a Truck Accident? The Driver? The Carrier? Or Both?

Commercial truck accidents are different from crashes that involve only passenger cars, in part because a trucking company usually employs the truck driver involved in the wreck. As the trucker’s employer, the trucking company (also known as a carrier) may bear legal responsibility for the truck drivers’ actions, as well as for the safety of the trucks it owns. In addition to a truck driver and the carrier, several other parties may be liable for a truck accident. This is why an attorney can help. An experienced truck accident lawyer can investigate your accident to determine its course and based on the evidence, who can be held accountable. There are a number of things that can contribute to a trucking accident and because of that, a number of people may be held liable.

Causes of Trucking Accidents

There is a variety of data that should be reviewed after a commercial truck accident to determine what happened and who all may be legally responsible for the crash. Accident commonly results from the following…

  • Improper loading can cause an imbalance in the trailer that increases its chance of a jackknife or rollover accident.
  • Distracted driving, may involve texting, eating, smoking, and other distracting activities while driving.
  • Reckless driving things like speeding, improper lane changes, or tailgating.
  • Negligent hiring, in which the truck company was careless in selecting a qualified driver.
  • Fatigued driving, if a driver has violations of the FMCSA hours of service regulations.
  • Drug or Alcohol, making the truck driver less aware of their reactions to avoid a collision.
  • Truck maintenance, negligence in properly maintaining the truck.

Investigation of Key Evidence

The liable party or parties can be revealed through the investigation of the accident.

  • Was the driver driving in a careless or reckless manner?
  • Was there a third party involved and for any other action that contributed to or caused the accident?
  • Was there a failed mechanical action to keep the vehicle in safe working order?
  • Was the trucking company negligent in hiring or failing to perform a drug test on the driver?

If an investigation shows that several parties may be held liable for a truck accident, victims may be able to maximize the compensation they obtain for their losses through multiple claims. If you have been injured in a trucking accident in Kentucky, you should contact an experienced attorney as soon as possible. Truck accident attorneys know how to investigate truck accidents fully and how to develop solid cases against negligent truck drivers, trucking companies, manufacturers and distributors, vendors, and other third parties. They will work diligently and aggressively to maximize compensation from all available sources.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
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How Long Do You Have To Pursue An Auto Injury Case? View the Following Court Case Example…

Car accidents can leave people seriously injured. Those injuries are often excruciating and costly to treat. For this reason, many people file an insurance claim, a personal injury lawsuit, or both after a car accident. However, not all car crashes warrant a personal injury claim or a lawsuit. In Kentucky, car drivers are required to carry basic Personal Injury Protection (PIP) insurance coverage. The PIP benefits are also commonly referred to as “no-fault” benefits. The benefits are to be paid to the person injured through the use of a motor vehicle regardless of whose fault the injury is. Basic PIP gives coverage to each person in each accident a minimum of $10,000 to cover out-of-pocket costs for medical expenses or lost wages. So, how do you know if you have a car accident case, and when you should file a claim? Below are some points to consider as you decide whether you should speak with a car accident attorney about your case.

What Are the Laws In The State Where the Accident Happened?

Kentucky statutes state that in exchange for receiving PIP benefits, all individuals who register, maintain, operate, or use a vehicle in Kentucky accept certain limits on their right to recover damages after an accident with injuries. This means that if you have PIP coverage, a lawsuit cannot be filed seeking additional compensation unless the injured person sustained medical expenses greater than $1,000, a broken bone, permanent injury, or death. If you are not sure if you are entitled to PIP benefits, please contact an attorney who can help guide you through the intricacies of the Kentucky PIP statute.

How Long Do You Have to File a Claim for PIP Benefits?

An injury victim has two years after suffering a loss that the person knew or should have known was caused by the accident to file a PIP claim. No claim can be initiated four years after the accident. However, it is generally best to file a claim as soon as possible so you do not miss these statutes of limitations.

Consider This Case…

  • Situation – A lady was injured when her car was rear-ended. She received basic PIP benefits from her own carrier. Later she started to experience serious medical problems with several head and neck injuries. It took two years to diagnosis the condition and her physician’s opinion was that the problems were the result of the car accident.
  • Details of the Suit – She then filed suit against the driver of the other vehicle. The other vehicle owner then made a motion to dismiss the suit saying it had been filed after the two-year statute of limitations.
  • Does The Discovery Rule Apply – Motor Vehicle Reparations Statute, extends the period for car accident injuries to two years after the date the last payment for personal injury protection benefits were paid. In cases where the discovery rule applies the rule means that the statute of limitations period only starts when the injury is or should have been discovered. The plaintiff in this case argued that the discovery should apply to permit them to bring their claim against the driver of the other car.
  • Court Decision –  The trial court in this case declined to extend the application of the discovery rule to the case. Instead, the court ruled that they had either two years from the date of the loss (the car accident) or two years from the last PIP payment from the PIP insurer to bring a claim. In this case, they had waited for more than two years from the last PIP payment to sue the driver of the other car even though they knew her identity. The lady in its case tried to argue that she only discovered how badly she was injured after two-years. They argued that to extend the discovery rule would reward claimants who waited to file suit until they had established a connection between accident and injury. The court failed to apply the discovery rule, and thus the case was time-barred and dismissed, and the injured woman was not compensated for her injuries.

Bottom-line – If Injured, Hire an Attorney ASAP

Letting the statute of limitations for car accident lawsuits expire means that an injured person may never get compensation for injuries. If you’ve been injured in a car accident in Kentucky, the best way to protect your rights and ensure that you do not miss the statute of limitations’ deadline is to hire a Kentucky car accident attorney as soon as possible.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

If I’m Injured in an Car Accident, What Should I Do Afterwards?…

Over six million car accidents occur each year in the United States. Fortunately, most of them involve only property damage – damage to the vehicle as opposed to the occupants. But one in three accidents involves personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries. If you are involved in an automobile accident, there are certain things you can do to protect yourself and your interests. An accident can cause you to miss work or important events and you may have to deal with traffic citations, liability issues, vehicle repairs, and sometimes injuries or even the death of a loved one. If you are in a car accident in Kentucky, the first thing you should do is to follow safety precautions. The following is a list of thing you should do if you are in an automobile accident…

Protect the Scene

Turn on your hazard lights, set out flares or warning cones if you carry them. Call the police and give an accident report and get assistance for medical care as soon as possible. A police report can help with the insurance process.

Call 911

If there is an injury call 911. Move your vehicle only if its position puts you in danger or you are instructed to move it by a police officer. If the accident occurs on an interstate or on or off-ramp does not involve death, or injury, or hazardous material, Kentucky law requires that you move the vehicle off the roadway as soon as the vehicle can be moved without risk of further injury or damage.

Make An Accurate Record

When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess, or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well. Be sure and exchange your name, address, phone number, and insurance policy information. If the driver’s name is not the same name listed on the insurance card find out what the relationship is and write down bath names, addresses, and phone numbers. Note the year, make and model for the car, and the location of the incident.

Do Not Apologize

After a car accident, you may want to express sympathy to the other drive. Be polite but do not apologize. an apology could to construed as an admission of fault in legal proceedings. Do not get into an argument with the other driver if the other driver tries to get into a fight stay calm the police will be there soon.

Take Pictures

If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you or the other party have visible injuries, you should photograph them as well. However, you should in no way interfere with the on-going police investigation. If you cannot take pictures at the scene of the accident, take them as soon as possible after the accident.

Protect Your Rights

In Kentucky, you cannot sue the other driver unless you have permanent or serious injuries such as disfigurement, organ damage, fractures, as well as at least $1000 in medical expenses. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries. The statute of limitations in Kentucky for injuries or death caused by car accidents is one year for some claims and two years from the date of the accident or from the date of the last payment of Personal Injury Protection (or no fault) benefits for many of the claims arising from the auto accident. It is important to consult with an attorney before you talk to the other driver’s insurance adjuster or attorney and before you give a written or verbal statement.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More