What you’ll learn from this article:
- Truck accident liability determines who was at fault and therefore impacts compensation eligibility.
- Truck accident liability can be assigned to multiple parties like the truck driver, other drivers, trucking companies, municipalities, manufacturers, etc.
- Damages that can be claimed after a truck accident include medical expenses, lost income, loss of earning capacity, property damage, pain and suffering, other non-financial losses, and potentially punitive damages.
- Hiring an experienced truck accident attorney is highly recommended to investigate the accident, calculate damages, negotiate settlements, determine fault, and hold negligent parties accountable.
Truck accidents can be incredibly serious. The speed, size, and velocity of a commercial semi-truck are a recipe for disaster when a collision occurs, whether that is a collision with another truck or another motor vehicle.
If you or a loved one were injured in an accident with a truck, the question of liability will be an important one. Who is liable in a truck accident? The answer has a significant and direct impact on who should receive compensation for their injuries.
An at-fault party is likely only eligible for compensation from their own insurance company, but the individual(s) they harmed may be eligible for additional compensation.
An experienced truck accident attorney can help you determine fault in the accident. If you were injured or someone you love was killed because of another party’s negligent or reckless actions, you have rights that an attorney can protect.
Who Can Be Held Accountable for Truck Accident Liability?
Kentucky law recognizes that multiple factors play a role in every motor vehicle collision, including crashes with commercial trucks.
Because of this, truck accident liability can be assigned to any responsible party, including:
- The driver of the truck
- The driver of another vehicle
- The commercial trucking company, if they disregarded safety requirements
- A municipality that failed to maintain safe road conditions
- A manufacturer who allowed unsafe equipment to be sold to the public
- Other individuals or entities who played a role in causing the accident
Who Determines Fault in a Truck Accident?
Fault and liability are two terms that are used almost interchangeably. When someone is at fault, it means that they caused the accident. Liability is the legal process of holding them accountable for the damages they caused through inappropriate action or inaction.
There are two ways to determine fault:
- Negotiating with the insurance company. When you seek compensation from an insurer, their motivation is to pay out as little as possible. Because of this, they are looking for any way they can assign fault to someone or something other than the person they have insured.
- Filing a lawsuit with the court. When you can’t reach a fair settlement amount from the insurance company, you can take the next step and file a lawsuit against the responsible party. If your case makes it to this stage without resolution, it will be heard either by a judge (bench trial) or a jury (jury trial). The judge or jury will listen to the evidence and determine who was responsible.
Do You Need a Lawyer to Get Compensation for Your Injuries?
Although it is possible to go through the process of negotiating with an insurance company or even taking a case to court without an attorney, retaining the services of a skilled truck accident attorney is a very good idea.
On your behalf, your attorney can:
- Investigate the accident
- Calculate the compensation you deserve from monetary and non-monetary damages
- Put together a strong argument regarding who was at fault
- Determine if multiple parties were at fault
- Negotiate on your behalf if you were partially at fault for the accident
- Hold negligent drivers accountable
- Understand and apply all relevant Kentucky traffic laws and truck accident laws
- Help you get the most compensation possible for your injuries and losses
Damages You Can Claim After a Truck Accident
After a trucking collision, you will need to identify all of the damages that the accident caused to avoid common mistakes. This includes both financial and non-financial losses. This list will allow your attorney to make the strongest possible argument for how you have been affected by the accident and why you deserve significant monetary compensation.
Medical Expenses
This includes any bills for ambulance fees, emergency room treatment, hospital stays, surgeries, physical therapy, medications, and any other medical costs related to treating your injuries.
Lost Income
When an injury prevents you from working for any amount of time, you can seek compensation for lost wages during that time.
Loss of Earning Capacity
Trucking collisions are often so serious that survivors are unable to work afterward. You may face permanent injuries that impact your ability to work. If so, your lawyer can calculate your lost earning capacity over the long term.
Property Damage
In addition to damage to your vehicle, the accident may have caused you to lose clothing, personal belongings, medical equipment, and other property. These should be included in your compensation calculations.
Pain and Suffering
This is an example of a non-monetary loss. You deserve compensation for your pain and suffering, just as you do for your medical expenses and property damage losses.
Other Non-Financial Losses
This category would include loss of consortium, loss of enjoyment of life, humiliation, scarring, and disfigurement.
Punitive Damages
Kentucky law allows victims to sue for punitive damages in some circumstances. For example, if a truck driver’s actions were found to be grossly negligent or reckless, you may qualify for additional punitive damages, which are designed to punish the defendant for their actions.
McCoy & Sparks – Kentucky’s Premier Truck Accident Attorneys
If you or a loved one have been injured in a truck accident in Kentucky, the truck accident attorneys at McCoy & Sparks have the experience and dedication needed to help you seek maximum compensation.
We have an in-depth understanding of Kentucky’s truck accident laws, and we are proud of our proven track record of getting justice for our clients.
We will investigate your accident, identify all liable parties, accurately calculate damages, negotiate on your behalf, and even take your case to court if necessary. Our number one priority is supporting you as you heal, and making it easier for you to do so by eliminating the financial burden of recovery.
Don’t wait to get started. The sooner you begin working with McCoy & Sparks, the sooner we can start reviewing your accident and building a compelling case for liability. Contact us today at 844-459-9467 to schedule a free case review.