Louisville Underride Truck Accident Attorneys
If you were injured in an underride accident due to the truck driver or trucking company’s negligence, do not hesitate to call Sampson Law Firm to learn about your legal options. We can investigate what happened and determine whether you can pursue compensation from the at-fault party responsible for your injuries.
Underride accidents can be deadly for the occupants of passenger cars. When a small car slides underneath a commercial truck’s trailer, the driver and passengers can become trapped or crushed beneath the massive weight.
The Louisville truck/18-wheeler accident attorneys of Sampson Law Firm have represented truck accident victims since 1997. We believe in providing the legal services and support our clients need to get through the most traumatic times in their lives. When you hire us, we will make you our priority and fight by your side for the justice and compensation you deserve.
Our dedicated Louisville underride truck accident attorneys are ready to help you hold the negligent truck driver or trucking company liable for the harm you suffered. Call us at (502) 584-5050 today for your free consultation to get started.
Common Causes of Underride Truck Accidents
Underride accidents involving commercial trucks can happen in two scenarios:
- Side underride – A side underride accident occurs when a car crashes into the side of the truck’s trailer and slides underneath.
- Rear underride – Rear underride collisions happen when a vehicle slides under the back of the trailer of a truck.
The most common reasons for underride truck accidents include:
- Failure to use a turn signal while turning or changing lanes
- Sudden or improper braking
- Taking a turn too fast
- Failure to check blind spots before maneuvering the truck
- Damaged or missing rear impact guards
- Running a stop sign or red light
- Inadequate reflective tape or taillights at the back of the truck
According to the Federal Motor Carrier Safety Administration, motor carriers must install rear impact guards or other parts on trailers and semitrailers to prevent other vehicles from sliding beneath the side or back of the truck. If any guards become damaged or defective or aren’t installed correctly, an underride collision is more likely to occur.
What to Do After an Underride Truck Accident
The immediate aftermath of a crash can be overwhelming. You might be in pain and shock. The gravity of what just happened could prevent you from using good judgment and making the appropriate decisions about how to handle the situation. No matter what, it’s crucial to follow specific steps to protect yourself and have an opportunity to hold the truck driver accountable for their misconduct.
One of the most important steps is to go to the hospital after leaving the accident scene. Even if you suffered a minor injury, you should still allow a doctor to evaluate your physical condition and recommend a treatment plan. If the doctor instructs you to follow up with them or another medical provider, listen to what they tell you.
Medical treatment is a critical part of an underride truck accident case. You need proof of your injury and the treatment you sought to try to recover. If you skip appointments or wait days or even weeks before your initial medical evaluation, the insurance company could use that as evidence of a minor or non-existent injury and avoid a large settlement payout.
While you’re treating your injuries, you should maintain every document associated with your case. Keep all hospital bills, diagnostic results, physical therapy notes, prescription medication, and anything else you can use as evidence of your injuries.
Hire an underride truck accident attorney after the crash. The sooner, the better. Your legal team can begin working on the case by investigating and gathering evidence to show the at-fault driver should be financially responsible for your medical care and other losses. During this time, you should only focus on your recovery, so you’re not burdened by the responsibility of the legal aspects of a case. Let us take care of those.
Pursuing Compensation from an Insurance Claim
You can file a claim with the at-fault truck driver’s insurance company. Every trucking company must purchase liability coverage for their fleet of trucks. The minimum limits required depend on the type of cargo and the weight of the truck. For example, a vehicle weighing less than 10,001 pounds and transporting non-hazardous freight must have at least $300,000 in liability coverage.
When you file a claim, the settlement you receive might compensate for the losses you suffered, such as:
- Medical expenses
- Property damage
- Lost wages
- Lost earning capacity
- Mental anguish
- Permanent scarring or disfigurement
- Pain and suffering
If you proceed with a lawsuit against the truck driver or trucking company, you might be able to recover punitive damages. This type of compensation punishes the defendant for their wrongdoing and aims to deter or prevent similar behavior in the future.
If you want to receive punitive damages, you must show clear and convincing evidence of the at-fault party’s malice, intent to oppress you, or intent to commit fraud.
Statute of Limitations in Kentucky
State law requires you to file your lawsuit by a specific deadline called a statute of limitations. This is the timeframe a person has to pursue legal action against someone else.
Kentucky enforces a one-year statute of limitations for underride truck accident cases. That means you have one year from the date of the crash to file a lawsuit against the negligent party if you want to pursue compensation.
The Louisville underride truck accident attorneys of Sampson Law Firm are available 24/7 to take your call. We believe in providing quality, dependable customer service to every client in need of our assistance.
Reach out to our legal team immediately following an accident to discuss your case and determine who you can hold liable for your injuries. We will remain in your corner from start to finish of the process to provide you with the guidance and support you need. You can depend on us to put our skills and experience to work for you.
If you suffered injuries in an underride truck accident in Louisville, call us at (502) 584-5050 today for your free consultation. Let us help you get on the road to recovery.