Kentucky Truck Accident Lawyer

In a trucking accident, smaller vehicles such as passenger cars are no match for a big truck. Large trucks are difficult to maneuver; and when loaded with freight, they may take 20 to 40 percent longer to stop than a car. It’s no wonder that an accident with a truck may result in catastrophic injuries such as head, back or neck injuries; brain injuries; spinal cord injuries; paralysis; amputations; broken bones; and even death. Injured victims face mounting medical bills and expenses when they are suffering and may be unable to work, and their lives and those of their families may never be the same.

If you or a loved one has been injured or someone has died in a vehicle accident with a large truck, you may be entitled to compensation for your losses through insurance or a lawsuit. However, Kentucky laws for personal injury are complicated, and trucking companies and their insurers have high-powered lawyers on their side who will attempt to get you to settle for the lowest amount possible. Going up against them is not something you should attempt on your own, but an experienced Kentucky truck accident lawyer can fight for your rights and a fair settlement.

Choosing a Kentucky truck accident attorney is important, and the Johnson Law Firm is here to help. Attorney Billy Johnson is highly skilled and compassionate when representing clients injured in truck crashes. He is aggressive when going after the negligent parties, and at the same time, he cares about the families he serves. With Billy Johnson at your side, you can feel confident that trucking companies, manufacturers and insurance companies will be held accountable for the damage done, so you can focus on recovering and putting your life back together.

Why Do I Need a Kentucky Truck Accident Attorney?

Trucking companies and insurers have lawyers on their side. A Kentucky truck accident lawyer knows how to stand up to them and fight for your rights.

If you or someone you love has been involved in a truck accident, you may be entitled to significant financial compensation for physical, emotional and financial losses that resulted from the crash. An experienced Kentucky truck accident attorney can file a lawsuit on your behalf demanding that negligent trucking and insurance companies pay you the financial compensation you deserve.

One of the worst things a truck accident victim can do is to negotiate directly with trucking companies or insurance adjusters. After an accident, trucking companies quickly send an investigation team to begin figuring out the best ways to limit their financial losses. They may try to manage the accident scene to limit or lessen the trucking company’s liability and even confront accident victims to get them to make oral or written statements that can be used against them.

That is why it is so important to have a truck accident attorney working for you as soon as possible.

How Our Truck Accident Lawyers Help You

When you have the Johnson Law Firm on your side, we will start working for you immediately. We will:

• Meet with you to discuss the individual circumstances of your case to determine the best way to proceed. Based on past cases, we can estimate what your case is worth and what kind of settlement we should be fighting for.
• Investigate the accident. We can hire accident reconstruction experts and conduct investigations by examining the scene of your accident, interviewing eyewitnesses and first responders, and looking into the driver’s and trucking company’s past safety records to determine who or what is responsible for your crash.
• Gather evidence. The sooner you call us, the sooner we can find and preserve evidence that supports your case before it can be destroyed. This may include videos and photographs from traffic cameras; police, ambulance, doctor, and hospital records; the truck’s black box information; and the truck driver’s cellphone records.
• Deal with insurance companies and aggressively negotiate for a fair settlement. Insurance companies are more likely to take your case seriously if they know you have an attorney on your side willing to bring a lawsuit.
• Take your case to court. If an agreement with insurance cannot be reached, we will take your case to court if necessary. We will be there at every stage of the legal process, from filing pretrial motions, presenting evidence and making closing arguments, to filing an appeal if appropriate.

Compensation Our Truck Accident Lawyer in Kentucky May Recover

After a truck accident that was not your fault, Billy Johnson will fight for a settlement that provides payment for the expenses and losses you have suffered. These are called damages, and they cover both your economic and non-economic losses. Based on the severity of the accident and the circumstances surrounding its cause, you may receive a damage award that may include compensation for your:

Economic damages — for calculable monetary losses, such as:

• Medical, hospital, and therapy expenses, past and future, including medications and medical devices
• Lost wages and loss of potential future earnings if you cannot work
• Property damage, such as to repair or replace your vehicle
• Costs of modification to your home or vehicle, such as to accommodate a wheelchair

Non-economic damages — for less tangible losses that do not have a specific dollar value, such as:

• Pain and suffering
• Loss of consortium, companionship, and enjoyment of life
• Mental anguish and emotional distress
• Disability
• Wrongful death

Punitive damages. In rare cases involving a defendant’s gross negligence or malicious intent to harm, you may receive punitive damages. These are intended to punish the at-fault party for conduct considered especially outrageous or egregious and to deter others from acting similarly.

If you have been injured and another party is found to be liable, you are entitled to compensation for all your costs associated with the accident. Kentucky truck accident attorney Billy Johnson knows from experience approximately what your case should be worth and how much compensation you should receive based on the circumstances of the accident and the other factors involved. When you contact us, we can evaluate your case and give you an idea of what to expect.

A Kentucky Truck Accident Attorney Must Prove Negligence

Winning your case means proving that another party was negligent and at fault for causing the accident.

Proving negligence in truck accident cases is complicated, because there are often multiple parties involved who may be at fault and liable for damages. For example:

• Truck drivers must be in compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations, including commercial driver’s license standards; safety fitness procedures; financial responsibility for motor carriers; hours of service for drivers; and inspection, repair and maintenance of vehicles. Drivers who violate regulations, or who are in a hurry, fatigued, or impaired, may negligently violate these requirements.
• Trucking companies have many business responsibilities, including hiring reasonably safe drivers and properly training them. If there is negligence during hiring or training, or if the company pressures drivers to exceed maximum hours-of-service regulations, the company may be liable for accidents.
• Maintenance personnel has the responsibility to properly maintain and repair their trucks, which require daily inspections and regular maintenance to operate safely and efficiently, and drivers must also conduct daily vehicle checks. If the neglect of proper maintenance resulted in an accident, a maintenance company might be liable.
• Cargo companies may be responsible for improper load securement that could allow shifting and cause a crash.

If company owners, truck drivers, maintenance workers, or cargo companies were negligent and failed to abide by required standards, they may be found liable for causing a crash. To prove another party (the defendant in the case) is liable, we would demonstrate the existence of the following factors:

1. Duty — The defendant owed you a duty of reasonable care not to cause harm.
2. Breach — The defendant breached this duty by actions or failure to act.
3. Cause — This breach of duty caused the accident.
4. Damages — You suffered injuries and damages as a result.

In addition, there are times when faulty road conditions are responsible for the accident, and the municipality or company responsible for road maintenance may be held liable.

All these negligent parties may have insurance and assets which can go toward a settlement. Our attorneys will investigate to find all potentially liable defendants and make sure they are included in the lawsuit.

A Truck Accident Lawyer Can File a Lawsuit For Wrongful Death

A wrongful death lawsuit can bring justice and prevent the wrongdoer from causing similar tragic deaths in the future.

Fatalities are not uncommon in trucking accidents. According to the Department of Transportation, in 2017, there were 4,657 fatal accidents in the U.S. involving large trucks.

When a truck accident results in a death, our attorneys may be able to file a wrongful death lawsuit. You may have grounds for a wrongful death claim if another party negligently or recklessly caused your loved one’s fatal injury. A wrongful death claim can be considered a personal injury case where the deceased person’s personal representative seeks compensation since the deceased can no longer do so. It is a civil lawsuit asking for financial restitution, separate from a criminal case in which charges are filed by the federal, state, or local prosecutor to punish a wrongdoer. Our attorneys can file a wrongful death claim even if a criminal case is also occurring.

In a successful case, your family could receive an award for pain and suffering, mental anguish, loss of consortium, and funeral costs. In addition, a lawsuit could force the trucking company to improve its safety protocols, potentially preventing future truck accidents and other deaths.

Truck Accident Attorney Answers Frequently Asked Questions

After a truck accident, you are bound to have questions and concerns. While these are best handled in your free consultation, here are some answers to questions our clients commonly ask:

What is the process after I hire a truck crash attorney?

First, your truck accident lawyer will meet with you promptly to hear your version of events. He will ask questions, answer your concerns and take notes. Then your attorney will examine the evidence, review police reports and witness statements, look at photos of the crash scene, review the results of medical tests and doctors’ notes, and hire an expert witness if it is needed in your case. Your attorney will build a powerful legal claim on your behalf that names the negligent parties and requests financial compensation for all that you’ve suffered.

How much is my case worth?

The amounts of damages you may be awarded in a successful lawsuit can range from thousands to millions of dollars, depending on the individual circumstances of the case. In general, the greater your costs and the more severe and permanent your injuries, the higher your settlement. The skill and negotiating power of your attorney is also a factor.

Should I speak to the insurance companies?

No, never try to negotiate with insurance companies on your own. Insurance companies want to pay as little as possible and may use tactics such as offering you a quick settlement; once you accept their offer, you will not be able to make additional claims in the future, even if your injuries get worse. They may also attempt to trick you into saying something that can be used against you, such as admitting that you were partially at fault for the accident.

Let Billy Johnson handle all dealings and negotiations with insurers and fight for the full compensation you deserve.

What if I did something to contribute to the accident?

If you did something to contribute to the accident, you might still be able to receive compensation. According to Kentucky Revised Statutes section 411.182, Kentucky is a “pure comparative fault” state. This means that the amount of damages you can recover in a lawsuit is reduced by the same percentage you are found to be at fault for causing the crash. For example, if it is determined that you were 10 percent at fault and the settlement was for $100,000, you could still collect $90,000.

Is there a statute of limitations for filing a lawsuit?

Yes, Kentucky has time limits, called a statute of limitations, for filing a lawsuit for personal injury or wrongful death cases. According to the law (KRS 413.135), you generally have just one year from the date of the accident that led to the injury to file; otherwise, the court system will probably refuse to hear your case. Billy Johnson will make sure that everything is filed in a timely manner.

How much does it cost to hire a truck accident attorney in Kentucky?

Here’s the great news – it costs you nothing upfront to hire our Kentucky truck wreck lawyer, and no out-of-pocket money is required to file your lawsuit. Billy Johnson works on contingency, which means that he gets paid only when you get paid. If you win a financial settlement, your attorney fees are paid by the defendant. In the event that your claim is unsuccessful, then you owe us nothing.

When you have Billy Johnson working for you, we will be there throughout the entire legal process, answering all your questions and addressing your concerns.

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Common Causes of Large Truck Accidents

A skilled Kentucky truck accident lawyer knows the elements needed to successfully prove negligence in truck crashes. One of the first things your attorney will examine are problems with the truck, driver and roadways that could be potential causes of the accident. These can include:

• Mechanical or tire failure
• Unsafe road conditions
• Poorly maintained brakes
• Speeding, tailgating, unsafe lane changes and other instances of careless driving
• Driving while texting/talking on a cell phone
• Driver fatigue or falling asleep
• Driver inexperience
• Alcohol or medication abuse by driver
• Inadequate lighting or road signage
• Rain, snow, wind or inclement weather

An aggressive attorney like Billy Johnson will read every police report, interview witnesses, examine evidence, review driving logs, research the certification and preparedness of truck drivers, visit the scene and even hire experts, if necessary, to prove your case and win financial compensation. For a free initial consultation about your case, call Billy at 606-437-4488.

Get Help From Our Kentucky Truck Accident Attorneys

Were You Injured in a Large Truck Accident in Kentucky?

Do not go it alone. You may be entitled to financial compensation. You need a strong and experienced Kentucky truck accident attorney who knows how to go toe-to-toe with insurance companies and get results. While no amount of financial compensation can make up for the injuries and devastation that you’ve experienced, courts do provide a legal remedy that can at least help your family restore some normalcy and start building a new future.

Attorney Billy Johnson has decades of legal experience helping families just like yours. He knows the ins and outs of a courtroom, and he has successfully secured settlements and jury awards on behalf of his clients. He will aggressively fight for your rights and seek the financial compensation you deserve.

Although our offices are in Pikeville, the seat of Pike County, our personal injury attorneys are pleased to serve clients in towns and cities across Kentucky. In fact, Billy Johnson has handled litigation in other states and has been named a Super Lawyer by U.S. News & World Report, as well as an American Trial Lawyers Association Top 100 trial lawyer.

Contact our team of highly trained truck wreck attorneys today for a free consultation, so we can get started working on your behalf while evidence is fresh and witnesses can be found. We don’t get paid until you win your case. Ask for Billy Johnson at Johnson Law Firm at 606-437-4488.