October 07, 2024 | Personal Injury

Kentucky Truck Accidents: What to Do Next

Truck rollover traffic accident on the highwaySharing the road with massive eighteen-wheelers is a daily reality for Kentucky drivers. While most truck drivers operate safely, accidents involving large commercial vehicles can be catastrophic. If you’ve been involved in a collision with a semi-truck in Kentucky, the moments and days that follow are crucial. To ensure your rights are fully protected and to discuss your options for compensation, contact the Law Offices of Croley & Foley today. Here’s a clear roadmap to help you regain control of the situation and protect your rights.

Check for Injuries and Call for Help

Safety should always be your first concern in the event of a truck accident. Immediately check yourself and others involved for any injuries. Don’t hesitate to call 911, ensuring that you request medical assistance if there are any injuries reported. This step is crucial not only for health and safety but also for legal purposes, as it establishes a record of the incident.

Report the Accident

As soon as it’s feasible, report the accident to the police. Having police on the scene to document the accident is indispensable as the police report provides an official account of what happened. This document is a critical piece of evidence for insurance claims and potential legal actions, detailing the circumstances and facts of the accident.

Gather Evidence

If it is safe to proceed, start collecting evidence at the accident scene. Use your smartphone or camera to take comprehensive photos of all vehicles involved, the surrounding road conditions, traffic signs, and any visible injuries. Also, gather the names, contact details, and insurance information of all parties involved, and make sure to get contact information from any witnesses. This information will be invaluable for insurance claims and potential legal evaluations.

Seek Medical Attention

Regardless of how you feel immediately after the accident, it’s prudent to seek medical attention. Some injuries, especially those related to impacts, might not be immediately apparent. Visit a healthcare professional to get checked and obtain medical records of your visit, which serve as crucial evidence in personal injury claims.

Contact Your Insurance

Inform your insurance provider about the accident as soon as possible. When you speak to your insurer, stick to the facts and avoid admitting fault or speculating about the accident’s dynamics. It’s important to consult with a lawyer before giving detailed statements to ensure that your rights are not inadvertently compromised.

Consult with a Personal Injury Lawyer

Given the complexities that often accompany truck accident claims, consulting with a personal injury lawyer is crucial. These cases can involve multiple parties and severe damages, requiring knowledgeable legal guidance to navigate the claim process effectively. A qualified truck accident attorney in Lexington can help protect your rights and ensure that you are properly compensated.

Seek Compensation After a Kentucky Truck Accident

In Kentucky, being partly at fault in a truck accident doesn’t necessarily bar you from claiming compensation. The state operates under a “comparative fault” rule, which allows you to recover damages even if you share some level of responsibility for the accident, though your compensation will be reduced by your percentage of fault.

Comparative fault, also known as comparative negligence, is a legal doctrine recognized in Kentucky that aims to allocate damages in proportion to each party’s degree of fault in an accident. This rule is articulated in Kentucky Revised Statutes (KRS) 411.182, which states that the court will assign a percentage of fault to each party involved in an incident where negligence caused harm. Your ability to recover damages is contingent upon your degree of fault not exceeding the combined fault of the other parties involved.

For example, if it’s determined that you were 30% responsible for an accident due to failing to signal while changing lanes and the truck driver was 70% at fault due to speeding, you can still recover damages. However, your total recoverable compensation would be reduced by your 30% of fault. So, if your total damages amounted to $100,000, you would only be eligible to receive $70,000.

It’s also important to understand that Kentucky’s status as a “no-fault” state affects compensation claims. Under the no-fault system, motorists are generally required to carry Personal Injury Protection (PIP) insurance, which provides coverage for medical expenses, lost wages, and other out-of-pocket costs regardless of who is at fault. However, this does not prevent you from pursuing additional compensation through a personal injury lawsuit against the other parties if your damages exceed the PIP coverage or in cases of serious injury.

Given the complexities associated with determining fault and negotiating with insurance companies, it is advisable to seek legal representation if you find yourself in a truck accident in Kentucky. A skilled personal injury attorney in Lexington can help you navigate the claims process, advocate on your behalf, and work to maximize the compensation you receive, accounting for your specific circumstances and degree of fault.

Talk to the Law Offices of Croley & Foley Today

Confronting the legal consequences after a truck accident can be daunting, but you don’t have to face it alone. The Law Offices of Croley & Foley is committed to providing robust legal support to ensure that your rights are protected and that you receive the compensation you deserve. Reach out to us today, and let us take the first step towards securing your future.