SlideShare a Scribd company logo
1 of 8
Download to read offline
KENTUCKY
TRUCKING ACCIDENT
LAWSUITS
ARE THEY DIFFERENT FROM A
CAR ACCIDENT LAWSUIT?
Musselwhite Meinhart & Staples, PSC
If You Are the Victim of a Kentucky Trucking Accident,
or You Lost a Loved One to a Trucking Collision, It Is Important
that You Understand those Differences
Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com
2
Any motor vehicle accident can leave the victims with serious, even fatal,
injuries. A collision involving a tractor-trailer or other large truck, however,
has an increased likelihood of causing catastrophic injuries to the victims.
Although the basic concept of a truck accident is the same as that of a car
accident, there are some important differences as well. If you are the
victim of a Kentucky trucking accident, or you lost a loved one to a trucking
collision, it is important that you understand those differences.
TRUCKING ACCIDENTS BY THE NUMBERS
It is all but impossible to spend more than a few minutes on one of the
nation’s highways without seeing
at least one tractor-trailer on the
roadway. In the U.S, we remain
heavily dependent on large trucks
to move merchandise and supplies
from Point A to Point B. Despite
the fact that large trucks are
heavily regulated by both federal
and state governments, trucks continue to be over-represented in collisions
across the country each year. Large trucks represent approximately four
percent of all registered vehicles in the U.S., yet they are involved in about
ten percent of all collisions throughout the country each year.
According to the Federal Motor Carrier Safety Administration, or FMCSA,
there were 2,817 crashes involving a large truck in Kentucky during 2013,
up from 2,640 the previous year. In 2013, 82 people lost their lives in a
Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com
3
large truck collision in Kentucky according to figures released by the
National Highway Traffic Safety Administration, or NHTSA. That year, 11
percent of all fatal accidents involved a tractor-trailer, down from 12
percent the previous year. Trucks are not only disproportionately involved
in accidents but they are also more likely to result in a fatal injury given the
size and weight of the average tractor trailer. Where the average
passenger vehicle weighs in at about 4,000 pounds, a fully loaded 18
wheeler can weigh 80,000 pounds, making them extremely lethal when
involved in a collision.
CAUSES OF TRUCK ACCIDENTS
Although a tractor-trailer can cause a collision for many of the same
reasons as a passenger car, there are some causes that are more common
Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com
4
in trucking accidents. The 2007 study by the FMCSA entitled “The Large
Truck Causation Study” provided an unprecedented look at why large
trucks crash. According to the study, the most common factors in tractor-
trailer collisions include:
Drowsy driving – driver fatigue has long been a problem for over
the road truck drivers; however, according to the study it is not the
number one cause of trucking accidents. The study concluded that
driver fatigue played a role in just 13 percent of all crashes included
in the study. Truck drivers are required to abide by the “hours of
Service” rules set forth in the Federal Motor Carrier Safety
Regulations, or FMCSR. The rules limit the amount of time a truck
driver can be on the road without a rest break; however, drivers
sometimes ignore those rules when trying to make unrealistic
delivery deadlines.
Impaired driving – drug use was the most common factor in the
study with 26 percent of collisions involving illicit or prescription drug
use by the driver. Over the counter medications also contributed to
18 percent of all crashes. Drivers often turn to drugs to stay awake
during the long hours on the roadway; however, in many cases the
drugs actually cause a slower reaction time and/or cause the driver
to lose control of the vehicle.
Speed – in 23 percent of all large truck accidents speed was listed
as a factor. Speed can be deadly in any motor vehicle collision;
however, a speeding tractor-trailer is even more deadly than a
Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com
5
passenger vehicle that is exceeding the posted speed limit or driving
too fast for road conditions.
Driver error – things such as failing to check the blind spot and
errors relating to traveling an unfamiliar roadway accounted for
another 36 percent of all collisions.
Unlike most car accidents, determining
the cause of a tractor-trailer accident
can be particularly problematic for
several reasons. First, the primary
witness to the crash may be the victim.
Given the rate at which victims suffer
serious or fatal injuries in a trucking accident it can be difficult to elicit
information from victims. Furthermore, both truck drivers and trucking
companies are reluctant to turn over log books and maintenance records
that might lead to a contributing factor because they fear costly violations
from the FMCSA or NHTSA. All too often, accident reconstruction and/or
expert analysis is required to definitely determine the cause of a trucking
accident.
LIABILITY IN A TRUCKING ACCIDENT
Apportioning fault, or negligence, in a Kentucky trucking accident can also
be complicated. In the average car accident one (or both) of the driver’s is
found to have been negligent. That negligence determines who is liable for
Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com
6
the injuries caused by the collision. In an accident involving a large truck,
however, there are several parties that could share liability, including:
Driver of the truck
Company for whom the driver works
Owner of the contents being hauled by the truck
Manufacturer of the truck
Third party maintenance company
Person who loaded the truck
Inspector
On one hand, multiple potential defendants typically means there is plenty
of insurance coverage to pay for the damages caused in the collision. On
the other hand, a lawsuit involving multiple defendants is, by nature, more
complicated to litigate. It is imperative that all possible defendants be
identified and named in the lawsuit to ensure that anyone potentially liable
is actually part of the lawsuit. Each of those defendants, however, will
likely deny responsibility and retain counsel. This means that a victim could
be facing not just multiple defendants but multiple attorneys and insurance
adjusters as well. Not surprisingly, litigation can be complex and time
consuming with that many litigants involved.
Although trucking accidents are frequently more complicated to litigate, an
experienced trucking accident attorney will know how to navigate the legal
system to ensure that you are compensated for your injuries. If you have
been injured in a collision involving a tractor-trailer or other large truck in
Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com
7
Kentucky it is in your best interest to consult with an experienced Kentucky
trucking accident attorney right away.
REFERENCES
Federal Motor Carriers Safety Administration, Hours of Service
Federal Motor Carrier Safety Administration, Overview of Drug and Alcohol
Rules
Federal Motor Carrier Safety Administration, Large Truck Causation Study
United States Department of Transportation, An Analysis of Fatal Large
Truck Crashes
Federal Motor Carrier Safety Administration, Crash Statistics
Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com
8
About the Author
Paul Musselwhite, Carol Blakeley Meinhart, Kimberly Musselwhite Staples,
and Robert D. McIntosh are the experienced and knowledgeable attorneys
that make up Musselwhite, Meinhart & Staples. With over 50 years of
combined experience, they have been serving the legal needs of
individuals, individuals in the military and families in Hardin county and all
of central Kentucky with pride and dignity. Practicing in personal injury
cases in Hardin county, central Kentucky and beyond, they are experienced
in all types of law.
Musselwhite Meinhart & Staples, PSC
www.mmslawonline.com
385 W. Lincoln Trail Blvd.
Radcliff, KY 40160
3103 Fern Valley Road,
Suite 203, Louisville, KY 40213
Toll-Free: 1-800-754-HELP
Fax: (270) 351-6069
mmslaw4u@bbtel.com

More Related Content

What's hot

The State of Risk in the Transportation Industry
The State of Risk in the Transportation IndustryThe State of Risk in the Transportation Industry
The State of Risk in the Transportation IndustryHNI Risk Services
 
Amigo MGA - Auto Insurance: Why You Need It
Amigo MGA - Auto Insurance: Why You Need ItAmigo MGA - Auto Insurance: Why You Need It
Amigo MGA - Auto Insurance: Why You Need ItAmigo MGA
 
Liability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaLiability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaAngela M. Deisley
 
Drink and Drive
Drink and DriveDrink and Drive
Drink and Drivegajme
 
Truck accidents in oklahoma
Truck accidents in oklahomaTruck accidents in oklahoma
Truck accidents in oklahomaNelsonarnett
 
White Paper on NHTSA’s Recall Request
White Paper on NHTSA’s Recall RequestWhite Paper on NHTSA’s Recall Request
White Paper on NHTSA’s Recall RequestAutoblog.it
 
Loss White Paper eBook 7-2015
Loss White Paper eBook 7-2015Loss White Paper eBook 7-2015
Loss White Paper eBook 7-2015Michael Brame
 
Truck Driver Responsibilities in California
Truck Driver Responsibilities in CaliforniaTruck Driver Responsibilities in California
Truck Driver Responsibilities in CaliforniaMichael Waks
 
Chrysler Group LLC Responds to NHTSA Recall Letter
Chrysler Group LLC Responds to NHTSA Recall LetterChrysler Group LLC Responds to NHTSA Recall Letter
Chrysler Group LLC Responds to NHTSA Recall LetterAutoblog.it
 
Household transportation cost management
Household transportation cost managementHousehold transportation cost management
Household transportation cost managementA.W. Berry
 
Road Rage: When Anger Leads To Injury On The Road
Road Rage:  When Anger Leads To Injury On The RoadRoad Rage:  When Anger Leads To Injury On The Road
Road Rage: When Anger Leads To Injury On The RoadBlackwell Law Firm
 
The Costs of Distracted Driving - Personal Injury Law
The Costs of Distracted Driving - Personal Injury LawThe Costs of Distracted Driving - Personal Injury Law
The Costs of Distracted Driving - Personal Injury LawPersonal Injury Law Lawyer
 
ROADWISE FEATURE DESCRIPTION FINAL UPDATE1
ROADWISE FEATURE DESCRIPTION FINAL UPDATE1ROADWISE FEATURE DESCRIPTION FINAL UPDATE1
ROADWISE FEATURE DESCRIPTION FINAL UPDATE1Karen G. Taylor Bennett
 
Pedestrian Accident Dos and Don’ts
Pedestrian Accident Dos and Don’tsPedestrian Accident Dos and Don’ts
Pedestrian Accident Dos and Don’tscrowsonlaw
 
Upsc carrier research liability whitepaper
Upsc carrier research liability whitepaperUpsc carrier research liability whitepaper
Upsc carrier research liability whitepaperWilliamDickerson8
 

What's hot (20)

The State of Risk in the Transportation Industry
The State of Risk in the Transportation IndustryThe State of Risk in the Transportation Industry
The State of Risk in the Transportation Industry
 
Personal Injury Lawyer Mississauga
Personal Injury Lawyer MississaugaPersonal Injury Lawyer Mississauga
Personal Injury Lawyer Mississauga
 
Amigo MGA - Auto Insurance: Why You Need It
Amigo MGA - Auto Insurance: Why You Need ItAmigo MGA - Auto Insurance: Why You Need It
Amigo MGA - Auto Insurance: Why You Need It
 
Liability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in CaliforniaLiability and Compensation for Multiple Car Accident Claims in California
Liability and Compensation for Multiple Car Accident Claims in California
 
Drink and Drive
Drink and DriveDrink and Drive
Drink and Drive
 
Truck accidents in oklahoma
Truck accidents in oklahomaTruck accidents in oklahoma
Truck accidents in oklahoma
 
White Paper on NHTSA’s Recall Request
White Paper on NHTSA’s Recall RequestWhite Paper on NHTSA’s Recall Request
White Paper on NHTSA’s Recall Request
 
Loss White Paper eBook 7-2015
Loss White Paper eBook 7-2015Loss White Paper eBook 7-2015
Loss White Paper eBook 7-2015
 
Truck Driver Responsibilities in California
Truck Driver Responsibilities in CaliforniaTruck Driver Responsibilities in California
Truck Driver Responsibilities in California
 
Chrysler Group LLC Responds to NHTSA Recall Letter
Chrysler Group LLC Responds to NHTSA Recall LetterChrysler Group LLC Responds to NHTSA Recall Letter
Chrysler Group LLC Responds to NHTSA Recall Letter
 
Household transportation cost management
Household transportation cost managementHousehold transportation cost management
Household transportation cost management
 
Road Rage: When Anger Leads To Injury On The Road
Road Rage:  When Anger Leads To Injury On The RoadRoad Rage:  When Anger Leads To Injury On The Road
Road Rage: When Anger Leads To Injury On The Road
 
SOM-Trucking-Sept2016.5
SOM-Trucking-Sept2016.5SOM-Trucking-Sept2016.5
SOM-Trucking-Sept2016.5
 
The Costs of Distracted Driving - Personal Injury Law
The Costs of Distracted Driving - Personal Injury LawThe Costs of Distracted Driving - Personal Injury Law
The Costs of Distracted Driving - Personal Injury Law
 
Motorcycle Accidents
Motorcycle Accidents Motorcycle Accidents
Motorcycle Accidents
 
ROADWISE FEATURE DESCRIPTION FINAL UPDATE1
ROADWISE FEATURE DESCRIPTION FINAL UPDATE1ROADWISE FEATURE DESCRIPTION FINAL UPDATE1
ROADWISE FEATURE DESCRIPTION FINAL UPDATE1
 
Vehicle Accident
Vehicle AccidentVehicle Accident
Vehicle Accident
 
Car Buying
Car BuyingCar Buying
Car Buying
 
Pedestrian Accident Dos and Don’ts
Pedestrian Accident Dos and Don’tsPedestrian Accident Dos and Don’ts
Pedestrian Accident Dos and Don’ts
 
Upsc carrier research liability whitepaper
Upsc carrier research liability whitepaperUpsc carrier research liability whitepaper
Upsc carrier research liability whitepaper
 

Similar to Kentucky Trucking Accident Lawsuits: Are They Different from a Car Accident Lawsuit?

Most Common Truck Accidents and How to Avoid Them
Most Common Truck Accidents and How to Avoid ThemMost Common Truck Accidents and How to Avoid Them
Most Common Truck Accidents and How to Avoid ThemBryant Surety Bonds
 
Who caused the accident
Who caused the accidentWho caused the accident
Who caused the accidentcrowsonlaw
 
Why Trucking Accident Victims Deserve a Book to Protect Their Rights
Why Trucking Accident Victims Deserve a Book to Protect Their RightsWhy Trucking Accident Victims Deserve a Book to Protect Their Rights
Why Trucking Accident Victims Deserve a Book to Protect Their RightsRosenfeld Injury Lawyers
 
Quick Resources for Fleet Managers (February 2019)
Quick Resources for Fleet Managers (February 2019)Quick Resources for Fleet Managers (February 2019)
Quick Resources for Fleet Managers (February 2019)salesbuddy
 
Driver Awareness Of Tractor Trailers Can Prevent Massachusetts Accidents
Driver Awareness Of Tractor Trailers Can Prevent Massachusetts AccidentsDriver Awareness Of Tractor Trailers Can Prevent Massachusetts Accidents
Driver Awareness Of Tractor Trailers Can Prevent Massachusetts AccidentsColucci, Colucci & Marcus, P.C
 
Seatbelts white paper
Seatbelts white paperSeatbelts white paper
Seatbelts white paperKelsey Asher
 
Texas truck accidents
Texas truck accidentsTexas truck accidents
Texas truck accidentsMelinda_White
 
Ga discussion,1. The concept in the study is positioning the nat
Ga discussion,1. The concept in the study is positioning the natGa discussion,1. The concept in the study is positioning the nat
Ga discussion,1. The concept in the study is positioning the natDustiBuckner14
 
Oklahoma truck accident lawyer
Oklahoma truck accident lawyerOklahoma truck accident lawyer
Oklahoma truck accident lawyerChochmochochmo
 
Fa qs on traffic accidents
Fa qs on traffic accidentsFa qs on traffic accidents
Fa qs on traffic accidentscrowsonlaw
 

Similar to Kentucky Trucking Accident Lawsuits: Are They Different from a Car Accident Lawsuit? (12)

Most Common Truck Accidents and How to Avoid Them
Most Common Truck Accidents and How to Avoid ThemMost Common Truck Accidents and How to Avoid Them
Most Common Truck Accidents and How to Avoid Them
 
Who caused the accident
Who caused the accidentWho caused the accident
Who caused the accident
 
Truck accident injuries
Truck accident injuriesTruck accident injuries
Truck accident injuries
 
Why Trucking Accident Victims Deserve a Book to Protect Their Rights
Why Trucking Accident Victims Deserve a Book to Protect Their RightsWhy Trucking Accident Victims Deserve a Book to Protect Their Rights
Why Trucking Accident Victims Deserve a Book to Protect Their Rights
 
Quick Resources for Fleet Managers (February 2019)
Quick Resources for Fleet Managers (February 2019)Quick Resources for Fleet Managers (February 2019)
Quick Resources for Fleet Managers (February 2019)
 
Driver Awareness Of Tractor Trailers Can Prevent Massachusetts Accidents
Driver Awareness Of Tractor Trailers Can Prevent Massachusetts AccidentsDriver Awareness Of Tractor Trailers Can Prevent Massachusetts Accidents
Driver Awareness Of Tractor Trailers Can Prevent Massachusetts Accidents
 
Seatbelts white paper
Seatbelts white paperSeatbelts white paper
Seatbelts white paper
 
FF0315_Damage
FF0315_DamageFF0315_Damage
FF0315_Damage
 
Texas truck accidents
Texas truck accidentsTexas truck accidents
Texas truck accidents
 
Ga discussion,1. The concept in the study is positioning the nat
Ga discussion,1. The concept in the study is positioning the natGa discussion,1. The concept in the study is positioning the nat
Ga discussion,1. The concept in the study is positioning the nat
 
Oklahoma truck accident lawyer
Oklahoma truck accident lawyerOklahoma truck accident lawyer
Oklahoma truck accident lawyer
 
Fa qs on traffic accidents
Fa qs on traffic accidentsFa qs on traffic accidents
Fa qs on traffic accidents
 

More from Paul Musselwhite

When Is A Person Considered Disabled By Social Security Disability?
When Is A Person Considered Disabled By Social Security Disability?When Is A Person Considered Disabled By Social Security Disability?
When Is A Person Considered Disabled By Social Security Disability?Paul Musselwhite
 
How Is Spousal Support Calculated in Kentucky
How Is Spousal Support Calculated in KentuckyHow Is Spousal Support Calculated in Kentucky
How Is Spousal Support Calculated in KentuckyPaul Musselwhite
 
How Much Money is My Slip and Fall Case Worth in Kentucky?
How Much Money is My Slip and Fall Case Worth in Kentucky?How Much Money is My Slip and Fall Case Worth in Kentucky?
How Much Money is My Slip and Fall Case Worth in Kentucky?Paul Musselwhite
 
Kentucky Chapter 13 Bankruptcy Basics
Kentucky Chapter 13 Bankruptcy BasicsKentucky Chapter 13 Bankruptcy Basics
Kentucky Chapter 13 Bankruptcy BasicsPaul Musselwhite
 
The Divorce Process in Kentucky
The Divorce Process in KentuckyThe Divorce Process in Kentucky
The Divorce Process in KentuckyPaul Musselwhite
 
The Kentucky Divorce Process
The Kentucky Divorce ProcessThe Kentucky Divorce Process
The Kentucky Divorce ProcessPaul Musselwhite
 
How Long Will Divorce Take in Kentucky?
How Long Will Divorce Take in Kentucky?How Long Will Divorce Take in Kentucky?
How Long Will Divorce Take in Kentucky?Paul Musselwhite
 

More from Paul Musselwhite (7)

When Is A Person Considered Disabled By Social Security Disability?
When Is A Person Considered Disabled By Social Security Disability?When Is A Person Considered Disabled By Social Security Disability?
When Is A Person Considered Disabled By Social Security Disability?
 
How Is Spousal Support Calculated in Kentucky
How Is Spousal Support Calculated in KentuckyHow Is Spousal Support Calculated in Kentucky
How Is Spousal Support Calculated in Kentucky
 
How Much Money is My Slip and Fall Case Worth in Kentucky?
How Much Money is My Slip and Fall Case Worth in Kentucky?How Much Money is My Slip and Fall Case Worth in Kentucky?
How Much Money is My Slip and Fall Case Worth in Kentucky?
 
Kentucky Chapter 13 Bankruptcy Basics
Kentucky Chapter 13 Bankruptcy BasicsKentucky Chapter 13 Bankruptcy Basics
Kentucky Chapter 13 Bankruptcy Basics
 
The Divorce Process in Kentucky
The Divorce Process in KentuckyThe Divorce Process in Kentucky
The Divorce Process in Kentucky
 
The Kentucky Divorce Process
The Kentucky Divorce ProcessThe Kentucky Divorce Process
The Kentucky Divorce Process
 
How Long Will Divorce Take in Kentucky?
How Long Will Divorce Take in Kentucky?How Long Will Divorce Take in Kentucky?
How Long Will Divorce Take in Kentucky?
 

Recently uploaded

Amit Kumar Kachhap vs Sangeeta Toppo.pdf
Amit Kumar Kachhap vs Sangeeta Toppo.pdfAmit Kumar Kachhap vs Sangeeta Toppo.pdf
Amit Kumar Kachhap vs Sangeeta Toppo.pdfadvsudhirdhc
 
Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327bariajenne
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Rich Bergeron
 
Appointment of Auditors Made For Firm
Appointment  of  Auditors  Made For FirmAppointment  of  Auditors  Made For Firm
Appointment of Auditors Made For FirmEbizfilingIndia
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Rich Bergeron
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toirenelavilla52178
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseRich Bergeron
 
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLCTrustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLCFlatiron Legal Advisors, LLC
 
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Diamond959916
 
Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Jong Hyuk Choi
 
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfAshutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfVidit Agrawal
 
How to Grant the Greek Power of Attorney
How to Grant the Greek Power of AttorneyHow to Grant the Greek Power of Attorney
How to Grant the Greek Power of AttorneyBridgeWest.eu
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsRich Bergeron
 

Recently uploaded (14)

Nayoga Protocol by Author - Tushar Avinash Bagal A33.pptx
Nayoga Protocol  by Author - Tushar Avinash Bagal A33.pptxNayoga Protocol  by Author - Tushar Avinash Bagal A33.pptx
Nayoga Protocol by Author - Tushar Avinash Bagal A33.pptx
 
Amit Kumar Kachhap vs Sangeeta Toppo.pdf
Amit Kumar Kachhap vs Sangeeta Toppo.pdfAmit Kumar Kachhap vs Sangeeta Toppo.pdf
Amit Kumar Kachhap vs Sangeeta Toppo.pdf
 
Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327Power Point Obligations and contracts Article 1313-1327
Power Point Obligations and contracts Article 1313-1327
 
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
Town of Haverhill's Statement of Material Facts For Declaratory Judgment Moti...
 
Appointment of Auditors Made For Firm
Appointment  of  Auditors  Made For FirmAppointment  of  Auditors  Made For Firm
Appointment of Auditors Made For Firm
 
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
Town of Haverhill's Statement of Facts for Summary Judgment on Counterclaims ...
 
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened toENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
ENG7-Q4-MOD3. determine the worth of ideas mentioned in the text listened to
 
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment CaseTown of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
Town of Haverhill's Summary Judgment Motion for Declaratory Judgment Case
 
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLCTrustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
Trustworthy Estate Planning in Colorado from Flatiron Legal Advisors, LLC
 
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
Anti-Online Sexual Abuse or Exploitation of Children (OSAEC) and Anti-Child S...
 
Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24Smarp snapshot 200 -- Google Cloud Next '24
Smarp snapshot 200 -- Google Cloud Next '24
 
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdfAshutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
Ashutosh Yadav v. State of UP 22nd March, 2024 All HC.pdf
 
How to Grant the Greek Power of Attorney
How to Grant the Greek Power of AttorneyHow to Grant the Greek Power of Attorney
How to Grant the Greek Power of Attorney
 
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC CounterclaimsTown of Haverhill's Motion for Summary Judgment on DTC Counterclaims
Town of Haverhill's Motion for Summary Judgment on DTC Counterclaims
 

Kentucky Trucking Accident Lawsuits: Are They Different from a Car Accident Lawsuit?

  • 1. KENTUCKY TRUCKING ACCIDENT LAWSUITS ARE THEY DIFFERENT FROM A CAR ACCIDENT LAWSUIT? Musselwhite Meinhart & Staples, PSC If You Are the Victim of a Kentucky Trucking Accident, or You Lost a Loved One to a Trucking Collision, It Is Important that You Understand those Differences
  • 2. Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com 2 Any motor vehicle accident can leave the victims with serious, even fatal, injuries. A collision involving a tractor-trailer or other large truck, however, has an increased likelihood of causing catastrophic injuries to the victims. Although the basic concept of a truck accident is the same as that of a car accident, there are some important differences as well. If you are the victim of a Kentucky trucking accident, or you lost a loved one to a trucking collision, it is important that you understand those differences. TRUCKING ACCIDENTS BY THE NUMBERS It is all but impossible to spend more than a few minutes on one of the nation’s highways without seeing at least one tractor-trailer on the roadway. In the U.S, we remain heavily dependent on large trucks to move merchandise and supplies from Point A to Point B. Despite the fact that large trucks are heavily regulated by both federal and state governments, trucks continue to be over-represented in collisions across the country each year. Large trucks represent approximately four percent of all registered vehicles in the U.S., yet they are involved in about ten percent of all collisions throughout the country each year. According to the Federal Motor Carrier Safety Administration, or FMCSA, there were 2,817 crashes involving a large truck in Kentucky during 2013, up from 2,640 the previous year. In 2013, 82 people lost their lives in a
  • 3. Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com 3 large truck collision in Kentucky according to figures released by the National Highway Traffic Safety Administration, or NHTSA. That year, 11 percent of all fatal accidents involved a tractor-trailer, down from 12 percent the previous year. Trucks are not only disproportionately involved in accidents but they are also more likely to result in a fatal injury given the size and weight of the average tractor trailer. Where the average passenger vehicle weighs in at about 4,000 pounds, a fully loaded 18 wheeler can weigh 80,000 pounds, making them extremely lethal when involved in a collision. CAUSES OF TRUCK ACCIDENTS Although a tractor-trailer can cause a collision for many of the same reasons as a passenger car, there are some causes that are more common
  • 4. Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com 4 in trucking accidents. The 2007 study by the FMCSA entitled “The Large Truck Causation Study” provided an unprecedented look at why large trucks crash. According to the study, the most common factors in tractor- trailer collisions include: Drowsy driving – driver fatigue has long been a problem for over the road truck drivers; however, according to the study it is not the number one cause of trucking accidents. The study concluded that driver fatigue played a role in just 13 percent of all crashes included in the study. Truck drivers are required to abide by the “hours of Service” rules set forth in the Federal Motor Carrier Safety Regulations, or FMCSR. The rules limit the amount of time a truck driver can be on the road without a rest break; however, drivers sometimes ignore those rules when trying to make unrealistic delivery deadlines. Impaired driving – drug use was the most common factor in the study with 26 percent of collisions involving illicit or prescription drug use by the driver. Over the counter medications also contributed to 18 percent of all crashes. Drivers often turn to drugs to stay awake during the long hours on the roadway; however, in many cases the drugs actually cause a slower reaction time and/or cause the driver to lose control of the vehicle. Speed – in 23 percent of all large truck accidents speed was listed as a factor. Speed can be deadly in any motor vehicle collision; however, a speeding tractor-trailer is even more deadly than a
  • 5. Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com 5 passenger vehicle that is exceeding the posted speed limit or driving too fast for road conditions. Driver error – things such as failing to check the blind spot and errors relating to traveling an unfamiliar roadway accounted for another 36 percent of all collisions. Unlike most car accidents, determining the cause of a tractor-trailer accident can be particularly problematic for several reasons. First, the primary witness to the crash may be the victim. Given the rate at which victims suffer serious or fatal injuries in a trucking accident it can be difficult to elicit information from victims. Furthermore, both truck drivers and trucking companies are reluctant to turn over log books and maintenance records that might lead to a contributing factor because they fear costly violations from the FMCSA or NHTSA. All too often, accident reconstruction and/or expert analysis is required to definitely determine the cause of a trucking accident. LIABILITY IN A TRUCKING ACCIDENT Apportioning fault, or negligence, in a Kentucky trucking accident can also be complicated. In the average car accident one (or both) of the driver’s is found to have been negligent. That negligence determines who is liable for
  • 6. Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com 6 the injuries caused by the collision. In an accident involving a large truck, however, there are several parties that could share liability, including: Driver of the truck Company for whom the driver works Owner of the contents being hauled by the truck Manufacturer of the truck Third party maintenance company Person who loaded the truck Inspector On one hand, multiple potential defendants typically means there is plenty of insurance coverage to pay for the damages caused in the collision. On the other hand, a lawsuit involving multiple defendants is, by nature, more complicated to litigate. It is imperative that all possible defendants be identified and named in the lawsuit to ensure that anyone potentially liable is actually part of the lawsuit. Each of those defendants, however, will likely deny responsibility and retain counsel. This means that a victim could be facing not just multiple defendants but multiple attorneys and insurance adjusters as well. Not surprisingly, litigation can be complex and time consuming with that many litigants involved. Although trucking accidents are frequently more complicated to litigate, an experienced trucking accident attorney will know how to navigate the legal system to ensure that you are compensated for your injuries. If you have been injured in a collision involving a tractor-trailer or other large truck in
  • 7. Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com 7 Kentucky it is in your best interest to consult with an experienced Kentucky trucking accident attorney right away. REFERENCES Federal Motor Carriers Safety Administration, Hours of Service Federal Motor Carrier Safety Administration, Overview of Drug and Alcohol Rules Federal Motor Carrier Safety Administration, Large Truck Causation Study United States Department of Transportation, An Analysis of Fatal Large Truck Crashes Federal Motor Carrier Safety Administration, Crash Statistics
  • 8. Trucking Accidents Lawsuits - Are They Different From a Car Accident Lawsuit? www.mmslawonline.com 8 About the Author Paul Musselwhite, Carol Blakeley Meinhart, Kimberly Musselwhite Staples, and Robert D. McIntosh are the experienced and knowledgeable attorneys that make up Musselwhite, Meinhart & Staples. With over 50 years of combined experience, they have been serving the legal needs of individuals, individuals in the military and families in Hardin county and all of central Kentucky with pride and dignity. Practicing in personal injury cases in Hardin county, central Kentucky and beyond, they are experienced in all types of law. Musselwhite Meinhart & Staples, PSC www.mmslawonline.com 385 W. Lincoln Trail Blvd. Radcliff, KY 40160 3103 Fern Valley Road, Suite 203, Louisville, KY 40213 Toll-Free: 1-800-754-HELP Fax: (270) 351-6069 mmslaw4u@bbtel.com