In the aftermath of a collision with a truck, you will always ask, “Do I need a doctor?” and “Do I need a lawyer?” Obviously, you only need the doctor if you’re injured, but getting checked out is a good idea even if you feel fine because some symptoms can cause a delayed reaction.
When it comes to the question of whether you need a lawyer, it will likely be the best approach for understanding your legal rights after a trucking accident in Kentucky.
Peterson Law Office is part of a partnership with over 200+ attorneys who have decades of combined experience as Lexington truck accident lawyers. They help clients understand all their legal rights for pursuing compensation. The following post explains some of those rights and what you can anticipate when moving forward with a truck accident claim.
Understand Kentucky’s Truck Accident Laws
Before you begin any truck accident claim process, you have to understand what limitations you might have with regard to the laws on the books. Consider the following:
Pure Competitive Negligence
The first thing you need to understand about Kentucky’s truck accident laws is that the state follows a pure comparative negligence approach to providing compensation for victims.
The Kentucky State law explains that pure comparative negligence means even if you are partially at fault for the accident, you might still be able to recover damages. However, the amount of damages you are entitled to will be reduced by the percentage of fault assigned to you.
For instance, if you’re in an accident with the truck that occurred when changing lanes, you might be partially at fault if you didn’t have a turn signal on. That fault could be 20% of the accident. In that scenario, you would only get 80% of what is determined to be the final settlement amount.
It’s important to clearly establish who’s at fault so that you can receive the maximum benefits you are allowed.
Statute of Limitations
A statute of limitations is the amount of time you have to bring a personal injury lawsuit. In Kentucky, you have two years to file a personal injury claim from the accident date. There may be a situation where you have not fully recovered from your injuries but still need to file the claim.
You and your attorney can calculate the current and future expenses you might incur.
Vicarious Liability
Pursuing claims involving an accident with a truck driver is inherently complex. That’s because various factors that go beyond the truck driver’s responsibility can contribute to the accident. Kentucky allows claimants to apply respondeat superior laws, a legal doctrine translated from Latin, meaning “let the master answer.”
This means that employers may be held liable for the actions of their employees within the scope of their employment.
For example, a trucking company that hires a driver with a history of reckless driving and possibly DUI convictions would be derelict in its responsibility to provide safe drivers. Even in a situation where the truck driver was legally intoxicated and caused the accident, the trucking company can still share the blame.
A trucking company can also be liable if it can be established that it did not appropriately fulfill its responsibilities to maintain its trucking fleet.
Understanding the legal principles that apply to truck accidents is vital when seeking fair compensation.
Maximizing Your Compensation
Depending on the accident claim, there could be several negotiations between the insurance company, the trucking company, and your attorney to settle the final amount. Working with a skilled attorney is the best approach for maximizing your potential compensation.
Your attorney will gather all the relevant information pertaining to your medical bills and lost wages.
They will also work closely with you to evaluate your pain and suffering. This amount is related to how the injury has impacted your life and prevents you from enjoying time with your family and friends.
The good thing to remember when making these calculations is that there are no caps on the amount of damages you can seek in Kentucky.
However, when seeking punitive damages, they will only be awarded if proper procedures are followed. These damages are designed to punish the at-fault parties and deter them from committing the same negligence in the future.
The Lawsuit Option
If you and your attorney reach an impasse with the insurance company, you have the legal right to pursue a lawsuit. This would mean filing a complaint in civil court. Once filed, the at-fault parties will be notified that they are now defendants in a lawsuit.
Your attorney will prepare the evidence and witness testimony to present to a jury.
As the lawsuit is gearing up, your attorney will continue negotiating with the defendants to come to a settlement. They might find that more advantageous than letting a jury decide what you are due.
If you agree to the settlement, you’ll sign a waiver that prevents you from seeking further action on the claim. Making the right decisions for your truck accident claim will best be supported when working with the type of truck accident attorney you’ll find at Peterson Law Office.
If we agree to represent you, we’ll apply all our experience and the resources of our office and network of investigators and expert witnesses. We won’t stop until there is a resolution.
Call us to discuss what happened in a free consultation today.
