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Trucking Accident Lawyers in Kentucky

LEGAL HELP FOR KENTUCKY TRUCKING ACCIDENT INJURY VICTIMS

The Bluegrass State receives its nickname from the vast pastures of bluegrass in its central region, housing Louisville and Lexington. Kentucky is well known for its caves, car manufacturing, and college basketball teams. Kentucky is a large manufacturer of automobiles, ranking in the top five in the United States in total vehicles produced. Although not as famous as its bourbon production, Kentucky’s agricultural output is a staple in the central east United States, playing home to plentiful goat, beef cattle, and tobacco farms.

Like many states, Kentucky employs the use of the trucking industry to move manufactured goods and materials throughout the United States. Kentucky is covered in thousands of miles of roadways, including several major interstates such as I-69, I-65, I-24, and Interstate 75. Sadly, 68 people were killed in trucking accidents on Kentucky roadways in 2014. Nationally, one out of every four fatal trucking injuries occur on an interstate highway.

Due to a truck driver or trucking company’s negligence, thousands of people are injured each year in semi-truck accidents. In 2014, there were an estimated 111,000 injuries sustained in crashes involving large trucks in the United States. Countless lives could have been spared if truck drivers and companies followed the appropriate safety laws.

Kentucky trucking injury victims deserve legal representation that will put them in the best possible position to obtain the real results they deserve for the pain they have incurred. As a truck accident victim, you have rights that need to be protected, and you will likely have injuries that cause you pain and put you in a financial bind. We understand how difficult it can be to work after sustaining a trucking injury. That’s why at Thomas J. Henry we can advance your court costs and litigation expenses and advance you money for living and medical expenses (interest free).

Our financial resources and decades of experienced handling trucking accidents across the United States help keep our injured clients comfortable and informed throughout the legal process. Thomas J. Henry Injury Attorneys are available 24/7, nights and weekends to take your call and evaluate your case. Accessibility is paramount in providing dynamic representation, and that’s why our truck accident lawyers can visit you wherever you reside in the state of Kentucky.

LEGAL RESOURCES NECESSARY TO WIN YOUR KENTUCKY TRUCKING ACCIDENT CASE

At Thomas J. Henry, we employ state-of-the-art technologies and the best experts in the nation in every Kentucky trucking accident case. From the first day we meet with a client, experienced trucking injury lawyers will handle the case efficiently and effectively until it is resolved.

  • Technology
    • Our experienced attorney are there for you from the scene of your trucking accident to the final slam of the gavel. In utilizing jet services, satellite technology, and advance mobile technology, we are able to meet with our clients at a moment’s notice from anywhere in the world. We have the resources to immediately access case files while streaming live video to any courtroom at the click of a mouse. To ensure our clients are receiving the best representation possible, our lawyers are equipped with the most cutting-edge technology available.
  • Mobility
    • Our experienced Kentucky trucking injury lawyers are available 24/7, nights and weekends. We are accessible from any part of the world, and because our firm can access your files remotely, we can hold meetings, draft and review documents, and share files at anytime from anywhere in the country. We are dedicated to keeping our clients informed and comfortable throughout the legal process, because we understand how overwhelming and difficult a trucking accident can be.
  • Experts
    • Experts serve as witnesses in commercial trucking litigation matters, providing expert reports and testimony for judges, lawyers, other law firms, and insurance companies in Federal and State court trials and arbitration. It is vital to find the right experts and the best experts for your trucking accident case. Each expert we employ has been thoroughly examined and questioned before ever participating in your case. Our firm has spent a tremendous amount of time over the past two decades selecting only the best experts from across the country. Expert witnesses in a Kentucky trucking accident case may include:
      • Accident reconstruction experts
      • Doctors, surgeons, physical therapists, and other medical professionals
      • Human factors forensic science experts
      • FMCSA compliance consultants
      • General equipment technical experts
      • Hazardous materials experts

I’VE JUST BEEN IN A TRUCKING ACCIDENT. WHAT DO I DO NOW?

Trucking accidents can leave you and your loved ones disoriented and in pain. We understand how traumatic semi-truck crashes can be, and if you were injured, it is important that you receive medical attention as soon as possible. As an injured victim of a truck accident, you have rights that need to be protected. It can be important to your truck accident case to preserve evidence from the accident scene and record facts with the police. Here are tips on what you should do after being involved in an 18-wheeler crash.

  • Stop immediately after the accident. Assess the situation and check for injuries.
  • Notify the police. Filing a police report is an important step in filing insurance claims. If anyone was injured in the truck crash, be sure a paramedic is sent to the scene.
  • Record the facts to the responding officer. Avoid speculating about facts concerning the crash or any injuries you may have sustained. Only provide truthful and accurate answers about what you know.
  • Take pictures, including the accident scene, the semi-truck, your vehicle’s damage, any injuries that you or a passenger sustained, and any other accident factors that may help your future case.
  • Gather the names, phone numbers, and addresses of everyone involved in the crash, in addition to any witnesses that saw the accident. Also, obtain the insurance information of all parties involved in the crash.
  • Seek medical attention if you have been injured. Some injuries and pain may not show up until days following the trucking accident. If you are unsure, err on the side of caution and schedule an appointment with your physician.
  • Report the accident to your insurance company. As your claim is processed, be sure to record any medical expenses, vehicle-related expenses, and changes in health you experience.
  • Contact an experienced Kentucky trucking injury attorney.

Retaining an experienced Kentucky accident lawyer as soon as possible can be beneficial to your potential case. At Thomas J. Henry, we will immediately go to work for you, obtaining and preserving evidence from the accident. We make sure you are comfortable and that your rights as a semi-truck accident victim are protected. Our attorneys take every measure available to obtain the compensation you deserve. We understand how truck drivers and trucking companies operate. Over the past two decades, Thomas J. Henry has demonstrated how truck drivers and trucking companies have caused completely avoidable and preventable accidents that resulted in severe, life-changing injuries and death. We have achieved record-breaking verdicts and settlements for our injured clients.

WHAT ARE ECM AND GPS DEVICES?

Global Positioning Systems (GPS) and Electronic Control Modules (ECM) are oftentimes found in many commercial motor vehicles. These devices track and record important information about the truck, including how fast it was traveling prior to an impact. In addition, these electronic systems can reveal the driving habits of the driver and other information invaluable to your Kentucky trucking injury case. ECM and GPS devices can also show which routes were taken by the driver before the accident happened.

Our experienced Kentucky injury attorneys will immediately file a lawsuit and restraining order to secure and obtain the data from these devices. We will also acquire the truck driver’s required Federal Motor Carrier documents which contain information on the driver’s employment with the trucking company. These documents and the information from the ECM and GPS devices can play a crucial role in determining liability in a trucking accident case.

WHO CAN BE HELD ACCOUNTABLE IN A TRUCKING ACCIDENT?

Several parties could be held liable for your Kentucky trucking accident injury, including:

  • A truck driver
  • A trucking company
  • Commercial motor vehicle manufacturer

Knowing who and where to sue is vital in a trucking accident case. Thomas J. Henry has the knowledge and expertise to make sure your case is handled correctly. In addition to knowing who and where to sue, our experienced truck accident lawyers make sure every detail of your accident has been discovered. That is how we put you in position to achieve the maximum possible results for the pain and suffering you have endured.

COMMON KENTUCKY TRUCKING VIOLATIONS THAT RESULT IN ACCIDENTS

The reason why injuries from trucking accidents are usually more serious than an average passenger car wreck is due to the weight and size differential. Commercial motor vehicles can weigh up to 80,000 lbs., or 40 tons — 20 times heavier than your average passenger vehicle. When a truck driver or trucking company skirts the law, Kentucky motorists’ lives are put in jeopardy. What we may see as minor traffic violations can turn deadly in the blink of an eye. Common violations that lead to trucking accidents include:

  • Failure to maintain vehicle
  • Distracted driving
    • Commercial motor vehicle operators are prohibited from using handheld mobile phones while driving. Doing so could lead to a suspension of their CDL certification.
  • Improper turns
  • Unsecured cargo/loads
  • Following too closely
    • When semi-trucks tailgate, severe accidents can occur. The average stopping distance for a loaded semi-truck at 55 mph is 63 feet longer than for an automobile.
  • Driving while fatigued
    • The AAA Foundation conducted a study that revealed driving on four or five hours of sleep increased the risk of a crash equivalent to driving drunk.
  • Speeding
  • Improper lane changes

IMPORTANT FEDERAL COMMERCIAL MOTOR VEHICLE REGULATIONS

Federal trucking regulations and guidelines are there to keep other motorists safe on the road. Serious accidents and fatal injuries occur when truck drivers and trucking companies fail to comply with these laws. Title 49 of the Code of Federal Regulations contains all of the rules and regulations pertaining to commercial trucks and those who drive them.

Every truck driver is required to obtain a commercial driver’s license, or CDL. Drivers with a CDL are held to higher standards than regular driver’s license holders, meaning they can have their licensure suspended or revoked by committing serious traffic violations. Important commercial motor vehicle regulations include:

  • Drivers must be 21 years of age or older to drive across state lines or operate a vehicle containing hazardous materials.
    • Kentucky CDL holders must be 18 years of age or older to drive within state lines.
  • To be eligible for a CDL, drivers must have no prior disqualifying criminal offenses.
  • Prior to obtaining a CDL, drivers must test for and obtain a commercial learner’s permit (CLP) and hold it for 14 days.
  • In order to obtain a commercial learner’s permit, drivers must be cleared by a qualified medical examiner that they are physically able to operate a commercial vehicle.
  • For commercial motor vehicle operators, the blood alcohol content (BAC) limit is .04, compared to .08 for regular drivers.
  • Truck drivers are banned from using handheld mobile phones while driving. Trucking companies are prohibited from allowing or requiring drivers to use handheld devices while driving.
  • Drivers are prohibited from holding a CDL issued by more than one state or jurisdiction.

HOURS OF SERVICE (HOS) REGULATIONS

A leading cause of trucking accidents in the United States is truck drivers falling asleep at the while. When any driver fails to get a sufficient amount of sleep the night before, the negative effects on driving skills can be compared to driving drunk. The hours of service regulations attempt to prevent drowsy truck drivers from getting behind the wheel of their big rig.

Property-carrying commercial motor vehicle drivers,

  • may drive a maximum of 11 hours after 10 consecutive hours off duty.
  • may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
  • may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
  • Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

In addition, passenger-carrying commercial motor vehicle drivers,

  • may drive a maximum of 10 hours after eight consecutive hours off duty.
  • may not drive after having been on duty for 15 hours, following eight consecutive hours off duty. Off-duty time is not included in the 15-hour period.
  • may not drive after 60/70 hours on duty in 7/8 consecutive days.
  • Drivers using a sleeper berth provision must take at least eight hours in the sleeper berth, and may split the sleeper-berth time into two periods provided neither is less than 2 hours.

KENTUCKY STATE TRUCKING REGULATIONS

In the state of Kentucky, texting and driving is banned for all drivers, including commercial motor vehicle operators.

CONTACT AN EXPERIENCED TRUCKING ACCIDENT AND INJURY ATTORNEY

When hiring a lawyer to handle your trucking accident case, you need someone who is experienced and tenacious. You need a law firm that has the financial resources to develop your case properly. You need a team of injury attorneys that can take your call any time of the day or night. If you’ve been injured in a trucking accident in Kentucky, contact Thomas J. Henry. Our team of trucking injury attorneys are available to assist Kentucky residents 24/7, nights and weekends.

Disclaimer: Any summary, description, or paraphrase of a regulatory requirement on this site is intended to provide general guidance only.  Please consult the text of the Federal Motor Carrier Safety Regulations for a full account of the applicable requirements.

HAVE YOU BEEN INJURED?

Contact Us for a FREE Case Review

877-969-8159 • info@tjhlaw.com

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