Tag: Truck Accident

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

Posted by Grubbs & Landry on

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.
>> Learn More

Should You Sue Someone Who Injures You In a Car Accident? View What’s Involved and Make Your Own Educated Decision…

Posted by Grubbs & Landry on

Some people ask themselves if they should really sue because someone injured them even when they know that the insurance company will pay for the losses. Insurance companies do want to pay claims easily but when their customers are liable for your injury and it is proven, they expect to pay losses. In the state of Kentucky, built-in protection against a weak claim is in effect and should alleviate any anxiety you may feel about bringing a lawsuit.

Kentucky is a No-fault Insurance State

Kentucky is a “no-fault” state when it comes to auto insurance. In most auto accidents, Kentucky requires injured people to seek compensation from their own insurance coverage instead of filing a lawsuit in court. In order to file a Kentucky lawsuit, you must have exceeded your personal injury protection (PIP) benefits from your motor vehicle policy which includes coverage to pay the first $10,000 of your medical bills and lost wages in the event you are in a car accident. These benefits are available to you even if an accident is your fault and have suffered a “serious injury.” This means that usually your right to sue someone for causing your injuries is already limited to those threshold instances set by the state. In order to sue in most motor vehicle cases, you must incur at least $1,000 in medical expenses or you must suffer a fractured bone, loss of a bodily function, disfigurement, loss of a body member, a permanent injury, or death.

What is an Insurance Risk Assessment?

Insurance companies use a methodology called risk assessment to calculate premium rates for policyholders. Using software that computes a predetermined algorithm, insurance underwriters gauge the risk that you may file a claim against your policy. The risk analysis is somewhat similar to the analysis undertaken by a bank when it offers a homeowner a mortgage. With auto insurance, an applicant is asked a variety of questions related to his or her vehicle, age, gender, the names of other drivers for the vehicle, and location in order to determine the premium to be charged.

Prior History and Lifestyle

An applicant’s prior history and lifestyle is critical no matter what kind of liability coverage he or she is applying for…

  • Frequent car accidents
  • Bad credit score
  • Drives lots of miles to work
  • Has had a DUI
  • Living in a high-crime area
  • Living in a densely populated city
  • Driving a high-performance vehicle

A higher premium will be charged for any of these conditions

The decision to sue after a car accident is not an act of hostility or opportunity. It is a legal means of getting compensation for the damage that the other person caused. You should never have to pay the price for someone else’s negligence. When you sue somebody that is insured for personal injuries, the insurance company has accounted for that possibility and charged him or her, as well as all of it other insured consumers, a premium that will allow it to pay for your losses. In order for you to understand your rights and responsibilities after an accident, it is important to consult with an attorney before you talk to the other driver’s insurance company or attorney.

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

What Happens If You Get in a Car Accident While Working?

Posted by Grubbs & Landry on

If you’ve been in a car accident while working, it’s normal to be upset and anxious, especially if other people were badly injured. You may be technically at fault for the crash, but you still deserve protection. If you have any worries that your employer’s insurance company is going to throw you under the bus, contact a personal injury attorney. When you add an addition complication to a crash, it can be difficult for the average individual to make sense of who incurs liability and financial responsibility for the injured and the property damage. If someone else causes the crash and they were on the job at the time you may have to deal with a complicated third party insurance claim.

Are Employers Liable for Employee’s Car Accidents?

When an employee causes an accident while performing a work-related task, the employer may be on the legal hook for resulting injuries and property damage. The specifics of the situation will decide whether of not the company or the driver who caused the crash has any responsibility for what happened. If there are injuries to the employee they may have grounds to file a workers compensation claim. If a person on the clock crashed into you, you may be able to bring a claim against their employer for your losses if their insurance does not adequately cover your expenses.

When To File a Third Party Claim After a Car Accident…

One difference between a property damage claim and a personal injury claim is that with the property damage claim you will be back in contact with the insurance adjuster as soon as you have a repair estimate for your property — whereas with a personal injury claim, you will usually wait until your medical condition stabilizes before speaking again with the adjuster. You may need to speak with the adjuster on the phone several times to set up inspection of your car or other property, or to get a separate insurance estimate of repairs if the adjuster requests it. Many insurance carriers will gladly work with their own clients to cover expenses that the company technically has no obligation to pay. They pay and then send the bill along to the company insuring the other driver. In a complicated situation that may involve worker’s compensation the third party insurance may need to be involved. You may need to be more proactive about how you handle your claim in that situation. It may be wise to contact a legal professional who can negotiate with the various insurance carriers on your behalf to make sure you are getting the compensation you need for medical reasons. In a legally complex employee-related accident with injuries you may have to involve a third party insurance carrier.

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