Truck Accident Attorneys in Lexington, Kentucky
Due to their sheer size, large trucks can leave devastating destruction and catastrophic harm in their wake when involved in accidents. If you suffered injuries or someone you love has died in a truck accident, you might be entitled to compensation. At Wilson & McQueen, PLLC, our truck accident attorneys have the experience, resources, and dedication to help you during this challenging time.
Our attorneys have built a reputation for achieving outstanding results for the personal injury clients we represent. We have offices in Lexington and London, but also serve clients in the surrounding area, including Richmond, Georgetown, and Nicholasville.
Kentucky Truck Accident Laws
Kentucky is one of just three choice no-fault insurance states in the U.S. Under state law, every motorist by default must be offered to purchase a no-fault auto insurance policy with personal injury protection (PIP) coverage. However, since Kentucky is a “choice no-fault” state, drivers can opt out of the no-fault system in writing.
No-fault insurance means that drivers have to turn to their own insurance provider to pay for medical bills and other expenses and losses when an accident occurs, no matter who was at fault for causing the crash. Fault insurance, on the other hand, requires drivers to file a claim against the at-fault driver’s insurance provider.
Another major difference between the two systems is that the no-fault system does not allow injured parties to sue the at-fault party to obtain compensation unless specific conditions are met. These conditions include incurring a significant amount of medical expenses, suffering a permanent injury or disfigurement, suffering a broken bone, and death.
Federal vs. State Truck Accident Laws
Large trucks are governed by both federal statutes and Kentucky law. Which laws apply depends on several factors, including whether the trucking company operates interstate or intrastate, which means operating across state lines and operating only within the state, respectively.
When operating across state lines, a trucking company is regulated by the Federal Motor Carrier Safety Administration (FMCSA). Kentucky’s state laws, however, contain similar provisions because the state adopted large portions of the FMCSA’s rules. As such, federal and state truck accident laws regulate the following:
hours of service for truckers
training of truck drivers
mandatory liability insurance
maximum weight/load size
inspection of trucks and loads
safe transportation of hazardous materials
No matter the details of your case, it’s in your best interest to hire a skilled truck accident attorney in Lexington, Kentucky, to investigate the facts of your crash and help you determine which (if any) federal or state regulations were violated by the truck driver or their trucking company.
Comparative Fault and the Statute of Limitations
When seeking compensation for your damages and losses after a truck accident in Kentucky, you also need to consider the following two statutes:
Comparative fault. Kentucky practices a pure comparative negligence system, which can affect the amount of compensation to which you are entitled. Under this system, when two parties share fault for the accident, fault is assigned to parties based on percentages. As a result, the party’s total compensation is reduced by their degree of fault. For example, if a truck driver was 75% at fault and you were 25% at fault (e.g., you were speeding), your total recoverable damages will be reduced by 25%.
Statute of limitations. This one is a state law that sets a time limit on an individual’s right to file a lawsuit. If the extent of your injuries allows you to step outside the state’s no-fault system to sue the other driver, you can file a lawsuit within two years from the date of the accident or the date on which your last payment under the PIP coverage was received, whichever occurs later.
Navigating the legal system after a truck accident can seem complicated, especially when you need to focus on your medical treatment. That is why you might want to seek the assistance of a truck accident attorney in Lexington, Kentucky, to help you understand the legal processes and pursue the compensation to which you are entitled.
How Can Wilson & McQueen, PLLC Help?
Truck accidents commonly inflict life-threatening and catastrophic injuries. According to a report by the Kentucky Traffic Data Services, motor vehicle accidents in the state result in about 30,000 injuries per year. Trucks account for about 5% of vehicles in all accidents in the state and 9% of vehicles involved in fatal collisions.
Our attorneys at Wilson & McQueen, PLLC understand how injuries can impact victims, which is why we are committed to helping injured victims fight for appropriate compensation. Here are some of the reasons to hire our truck accident attorneys:
Each of our named partners has more than four decades of legal experience representing injured victims and families who lost their loved ones;
Our attorneys are dedicated to providing each and every client we represent with personalized attention;
We are not afraid to litigate cases on behalf of our clients to get the maximum compensation; and
We provide a free consultation to listen to your concerns and ensure that your questions are addressed in a prompt and efficient manner.
Our truck accident attorneys at Wilson & McQueen, PLLC can guide you through the legal process to ensure that you receive the compensation you deserve.
Truck Accident Attorneys in Lexington, Kentucky
At Wilson & McQueen, PLLC, we strive to achieve the best possible outcome for truck accident victims and provide each client with personal attention from the first interaction. We understand how devastating and painful a truck accident can be, whether you were injured or lost a loved one. Reach out to our truck accident attorneys in Lexington, Kentucky, to receive a free consultation and discuss your next steps.