Louisville Truck Rollover Accident Attorneys
A rollover accident is the result of a vehicle tipping on its side or roof. It can involve one or multiple cars or trucks. If a tractor-trailer rolls onto a passenger vehicle, the results can be catastrophic due to the significant weight and size of the truck. Typically, the occupants of the small car suffer severe injuries and fatalities. The Louisville truck accident attorneys of Sampson Law Firm have been representing accident victims and holding at-fault truckers and trucking companies liable for their negligent actions since 1997.
The at-fault party or their insurance company should provide the maximum compensation you need to heal your injuries and move forward with your life. You should not be responsible for your medical expenses and other costs when someone else was at fault for the accident.
Our team of Louisville truck rollover accident attorneys is ready to take on your case and fight for the justice you deserve. Call us at (502) 584-5050 for a free consultation to discuss your legal options and how we can help.
Common Causes of Rollover Accidents Involving Commercial Trucks
Large trucks, such as tractor-trailers and semi-trucks, have a high center of gravity. Many contain heavy cargo or toxic chemicals, which creates even more danger to other drivers and passengers. These items can shift during transport and throw the entire vehicle off-balance. When that happens, it’s harder for the truck driver to maneuver safely around other cars. The most common causes of rollover accidents are listed below.
Speeding – Driving above the speed limit or too fast for conditions can lead to a rollover crash if specific circumstances exist. They include:
- Transporting overloaded or improperly loaded cargo
- Going around a sharp curve or turn
- Driving downhill
- Adverse weather or road conditions
- Poor visibility
- Heavy traffic
Driver inattention – Truckers must pay attention to what they’re doing when they’re behind the wheel of a tractor-trailer. Unfortunately, various distractions can take their focus away from the task at hand. Common distractions include:
- Turning to look at a passenger
- Reaching for something in the vehicle
- Sending or reading a text message
- Changing the radio station
Control problems – Difficulty steering a commercial truck is one of the most common issues drivers face, and that problem can result in a rollover crash. Improper steering or an abrupt change in direction can throw the vehicle off-balance, causing the driver to lose control.
Other common control problems are:
- Failing to downshift at the right time
- Sudden or improper braking
- Following another vehicle too closely
- Responding incorrectly to road conditions
Cargo – Trucking companies must always use the proper securement systems and devices when loading and securing cargo in a large truck. The Federal Motor Carrier Safety Administration enforces regulations established to make cargo safe, such as weight and size limits of the vehicle and the number of tie-downs required for each item. A truck can roll if it becomes unstable due to shifting or imbalanced cargo.
Tripping – Tripping occurs when a vehicle contacts an object, when that impact lifts the tires off the ground and then launches the vehicle onto its side. This is common in single-vehicle tractor-trailer accidents. Examples of things that can “trip” a large truck are:
- Construction barriers
- Large potholes
- Speed bumps
If any of these or any other cause resulted in your injuries during a rollover truck accident, contact Sampson Law Firm for legal assistance. We can begin an investigation to determine who should be held liable and gather the necessary evidence to prove what happened.
Injuries Commonly Caused in Rollover Accidents
Accidents involving large trucks can lead to severe and debilitating injuries. Many of these wrecks cause fatalities. The occupants of a small car can become trapped beneath the weight of an 80,000-pound vehicle that rolled over. Crush injuries, such as shattered bones and internal damage, are common in situations like this.
The most common injuries caused by rollover truck accidents are:
- Traumatic brain injury
- Internal bleeding
- Organ failure
- Broken bones
- Neck and back injuries
- Spinal cord damage and paralysis
- Psychological and emotional trauma
- Loss of limb
- Soft tissue injuries
The cost of treating injuries like these can become a significant financial burden. You shouldn’t be forced to pay for any expenses out of pocket when a negligent truck driver is to blame. Sampson Law Firm can review the facts of your case to determine the monetary award you should receive to compensate for the costs you incurred.
Compensation You Might Be Entitled To in an Insurance Claim
Kentucky is a no-fault state. That means when you get hurt in a car crash, you must turn to your own auto insurance company before seeking compensation from the at-fault driver’s insurance.
State law requires all non-commercial motorists to purchase and maintain personal injury protection (PIP). Filing a claim could get you the compensation you need to cover your medical expenses, lost wages, and other financial losses associated with the accident. After your doctor’s appointments and each form of treatment you undergo, they will send your bills to your auto insurance company for payment. You’ll continue to receive coverage until you reach the limit listed on your policy. The minimum required limit is $10,000, but there’s an option to seek higher limits.
Once you exhaust your PIP limits, you might be entitled to compensation from the at-fault driver’s insurance company. You must meet the statutory threshold below to file a liability claim or lawsuit:
- The crash resulted in a compound, displaced, or compressed fracture, permanent disfigurement, permanent injury, fracture of a weight-bearing bone, or permanent loss of bodily function or death; or
- The accident caused at least $1,000 in medical expenses.
Trucking companies must purchase liability insurance coverage with minimum limits required by federal law. Limits start at $300,000 for trucks weighing less than 10,001 pounds and containing non-hazardous cargo. Coverage could be as much as $5 million for vehicles transporting hazardous freight.
Filing a liability claim with the trucking company’s insurance could recover compensation for various losses, such as:
- Past and future medical bills
- Loss of enjoyment of life
- Car repair or replacement costs
- Pain and suffering
- Lost wages
- Lost earning capacity
- Out-of-pocket expenses
- Mental anguish
The Louisville truck rollover accident attorneys of Sampson Law Firm will do our best to meet your interests and secure a favorable insurance settlement. Someone else caused the accident and should face the consequences of their actions.
Pursuing Compensation from a Lawsuit in Louisville
Your legal options will depend on the circumstances of your case. Sometimes, it’s best to file an insurance claim first to try to recover the total available coverage amount. However, if the insurance company denies your claim or refuses to negotiate for a fair settlement, you could file a lawsuit in civil court.
Kentucky follows a one-year statute of limitations. That means you must file your lawsuit within one year of the accident date. It is a strict timeframe for initiating legal action against another party. If the deadline passes before you file your case, you could lose your right to hold the truck driver or trucking company liable.
During a lawsuit, you could pursue not only compensation for your medical bills, pain and suffering, and other losses but also punitive damages. This is a monetary award that aims to punish the defendant and deter similar misconduct in the future. A jury will only award you with punitive damages if you can prove clear and convincing evidence that the at-fault party acted with fraud, malice, or oppression.
It’s best that you hire a qualified Louisville truck rollover accident attorney from Sampson Law Firm and allow us to handle the legal process on your behalf. If you say or do the wrong thing, it could negatively impact the outcome of your case.
For example, Kentucky is one of multiple states that follow a pure comparative negligence law. If you believe your actions partially contributed to the crash and tell someone about it, the jury could use that information to reduce your compensation.
Let’s say you incurred $100,000 in losses from the rollover crash. If a jury finds you to be 20% at fault, they could subtract that same percentage from the compensation you receive, leaving you with no more than $80,000. Even if you’re 95% to blame, you could still seek a financial award, but it would be much less than if the truck driver were 100% at fault.
Contact Sampson Law Firm for Your Free Consultation
The Louisville truck rollover accident attorneys of Sampson Law Firm will dedicate the necessary time and effort to providing the personalized attention you need during this challenging time in your life. You will be our top priority as we’re pursuing compensation for you during an insurance claim or lawsuit. Our legal team is available 24/7 to speak with you whenever you need us. You won’t be in this fight alone.
If you suffered injuries in a rollover accident involving a commercial truck, contact Sampson Law Firm today. We can discuss your case during a free consultation and guide you through the complex legal process. We understand the economic struggles you might face, which is why we work on contingency. That means there are no upfront fees or costs. Call us right now at (502) 584-5050 and let us help you get on the road to recovery.