Louisville Truck Accident Lawyers
Representing the Injured in Kentucky, Indiana & Tennessee
If you or a loved one were injured in a truck accident, getting the compensation you need for your injuries can be complex and confusing. Building a strong case requires a thorough investigation, navigating trucking industry regulations, and sometimes even recreating the accident scene. All the while, insurance companies will do whatever it takes to ensure your case settles for as little as possible.
The legal team at Sam Aguiar Injury Lawyers knows Kentucky law and federal guidelines, and we’re here to assist you. Our truck accident lawyers in Louisville can determine how your accident happened and fight to get you the money you need for your medical bills, lost wages, and pain and suffering. Dial (502) 785-3822 or complete a free initial consultation form to talk to us about your case today.
What Are FMCSA Regulations?
Federal Motor Carrier Safety Administration (FMCSA) regulates how long truck drivers can be on the road and when they must rest. These rules are meant to protect truck drivers from being overworked and to protect other drivers on the road as fatigued driving can lead to accidents.
FMCSA states that truck drivers are limited to a 14-hour workday. Within these 14 hours, only 11 hours are allowed to be spent driving. The remaining time must be spent resting and taking meal breaks. After the 14-hour limit is reached, a driver must rest for at least 10 hours before beginning another day.
Additionally, drivers are required to take at least 34 consecutive hours off after working 70 hours in an eight-day period or 60 hours in a seven day period depending on the trucking company hours.
What is a Truck Black Box?
Most commercial trucks are equipped with a device that records certain data about the truck’s behavior often referred to as a “black box.” The technical name for this equipment is an Electronic Control Module (ECM). Originally integrated into commercial vehicles as a way to dispute invalid warranty claims, they are often used today as a way to discern liability after a truck accident.
These black boxes record data that could be crucial in a personal injury claim, however, the equipment only keeps data for about 30 days before it begins recording over past information. Additionally, some states rule that data coming from black boxes, is the property of the trucking company, therefore giving them the right to destroy any information unless they are restrained by the court. Data from an Electronic Control Module can include:
- Average speed
- Maximum speed reached
- Amount of time spent driving over 65 miles per hour
- Average RPM
- Airbag performance
- Seat belt usage
- Idling time
Who is Liable After a Truck Accident?
Liability after a truck accident is not as straightforward as it sounds, often several parties can be potentially be found liable and, at times, more than one party can be held responsible. Often a trucking company is held responsible for an accident. All too often companies encourage or push their drivers to break trucking regulations in order to help their bottom line resulting in fatigued and overworked drivers. These compromises can lead to a higher chance the driver will get in an accident.
There are times when the truck driver can be held liable, most notable if they are discovered breaking the law such as driving under the influence or driving while distracted. In some circumstances, the loading company or truck manufacturer can be held responsible if it was discovered that improper loading or a manufacturing defect was the cause of the accident.
Common Causes of Truck Accidents
Trucking companies and truck drivers are regulated by the Federal Motor Carrier Safety Administration (FMCSA), a government agency that enforces safety standards designed to reduce truck accidents.
Common violations of FMCSA regulations include:
Despite being held to regular maintenance schedules, trucking companies and drivers sometimes try to save money by driving damaged, worn, or failure-prone equipment.
Drivers are supposed to log the hours they drive to ensure they get adequate rest between shifts on the road. But pressure to meet deadlines can cause them to keep driving beyond their natural limits.
More cargo means more profits for drivers and their employers. But overloading vehicles causes them to handle unpredictably and stop slower, which can compromise their ability to avoid accidents.
Lack of training
Driving a tractor trailer safely requires skills and experience that take time to develop. When companies rush new drivers onto the road without proper supervision, they can make mistakes that cause serious accidents.
No matter how your truck accident happened, our attorneys are ready to help determine who was responsible and fight for your rights to compensation.
Get Experienced Help Now in Kentucky, Indiana & Tennessee
With our No Fee Guarantee®, you won’t pay us anything unless you get money for your claim.* Contact our Louisville truck accident attorneys today for a free case review. Dial (502) 785-3822 or complete our free initial consultation form to get started.
* In accordance with KBA regulations, we must inform you that case and court costs may be the responsibility of the client.