Winning a truck crash lawsuit requires an understanding of complex state and federal trucking laws, multi-party liability, and commercial insurance structures. If someone else’s negligent behavior resulted in a collision that harmed you, an experienced Erlanger truck accident lawyer from our firm can help. Our experienced personal injury attorneys demand justice using a hands-on, trial-focused approach that has guided our firm towards success for decades.
Federal and State Trucking Regulations
Federal and state laws regulate commercial trucking. The Federal Motor Carrier Safety Administration (FMCSA) sets rules that govern areas including driver hours, maintenance, licensing, and alcohol and drug testing. These rules apply to most large commercial trucks that operate in the Commonwealth, especially those engaged in interstate commerce.
Additionally, Kentucky Revised Statutes (KRS) Chapter 281 contains regulations that govern vehicle weight limits, commercial licensing, and safety equipment requirements. Our Erlanger attorneys can use evidence that someone violated either FMCSA or KRS laws in a truck accident claim. Demonstrating that a driver was over their maximum hours, falsified logs, or drove an overweight vehicle is invaluable proof that liability lies with the driver and trucking company.
Can Liability Extend Beyond the Truck Driver?
The truck driver is rarely the only party responsible for a collision. Typically, they work for a commercial carrier or logistics company that owns and maintains the truck and sets the driving schedule. That company may be liable under the legal doctrine of respondeat superior or through its own independent negligence in hiring, supervision, or maintenance.
Additional liable parties depend on the details of each individual case. Examples include a shipper or broker that improperly secured the truck’s load, a third-party mechanic who performed faulty repairs, or a tire manufacturer that made a defective product. Understanding who had control over various aspects of the truck’s operation is key to building a strong case. Our Erlanger attorneys can work to identify every party involved in causing a truck crash and hold them responsible.
How Insurance Companies Limit Payouts
After a crash, the driver or the trucking business’s insurance company often sends investigators to the scene immediately. These investigators are trained to gather information that limits their employer’s financial exposure, and they do not represent the injured party’s best interests.
Often, insurance companies contact those injured in the truck crash within days of the accident, encouraging them to give recorded statements or pressuring them into accepting early lowball settlement offers. When someone accepts an offer, it is almost impossible to reopen their claim or keep negotiating. Our lawyers respond quickly after Erlanger truck accidents, provide reassurance, and handle all insurance communications.
Electronic Logs and Black Box Data
Modern commercial trucks contain electronic logging devices, GPS systems, and event data recorders or black boxes. These devices provide objective data on speed, braking, hours driven, and mechanical function in the moments leading up to the crash.
Accessing this information quickly is essential. The law only requires trucking companies to retain certain data for a limited time, and delays can result in the loss of crucial evidence. When someone works with us in Erlanger, our attorneys send a letter to the trucking company as soon as possible after a crash to preserve all relevant records.
Contact Our Erlanger Attorneys About Your Truck Accident Claim
For more than 40 years, we have represented people injured in truck accidents caused by other people’s negligence. Clients describe our firm as responsive, thorough, and deeply committed to securing recovery. Our attorneys will take the time to answer your questions, explain the processes involved in your case, and keep you informed at every stage.
The details of each truck crash are unique, but our trial experience and regional reputation work to your advantage, regardless of the specifics of your claim. Set up a case review now to speak to an Erlanger truck accident lawyer.