Episode 125: In today’s episode, Calloway County trucking accident attorney Jeff Roberts explains accidents involving a tractor trailer are much more complicated than those only involving passenger vehicles. Jeff has over 33 years of experience handling motor vehicle accident cases, all across Kentucky.
Truck Wreck Injuries Are Often Much More Severe
Normally, if an 18-wheeler collides with a passenger car, the resulting injuries are extremely serious, and sometimes end up being traffic fatalities. The truck is so much larger than a normal automobile that the mass and force in a collision cause catastrophic damage.
The Rules Are Different for Truckers
If the trucking company travels across state lines, the Federal Motor Carrier Safety Act rules, procedures, guidelines and other safety protocols would apply to the truck driver. These can also apply based on the weight of the tractor trailer and its load.
The attorney you hire to handle a wreck involving a tractor trailer needs to be extremely familiar with the Federal Motor Carrier Safety Act and how it applies in your specific situation. There are other issues, including potentially multiple at-fault parties. Beyond just the truck driver, the trucking company, the company responsible to providing preventative maintenance on the vehicle, the company that loaded the trailer, and others could be named in the lawsuit.
Successfully negotiating or litigating your case will depend on what your attorney can prove based on the evidence, expert testimony and other important factors. Given the number of parties that may be involved in a trucking accident, you’ll want an attorney with significant trial experience and confidence in the courtroom.
Trucking Companies Have Emergency Response Teams
These teams aren’t first responders heading to the accident scene to render aid. These response teams are quickly deployed to gather evidence and to begin building a story as to why the truck driver wasn’t responsible for the collision.
Evidence such as weather conditions, skid marks and debris patterns are valuable, forensic evidence. These pieces of evidence look different several days or weeks after the truck wreck. Photos taken might involve specific angles meant to influence what the image purportedly shows. These omissions are meant to deflect potential negligence claims from the truck driver. Unfortunately, if your attorney doesn’t have accident reconstruction experts, the only preserved evidence might be from the trucking company’s own response team. There’s a chance the state troopers and their investigative experts will also collect forensic evidence for the police report.
Springtime Means Road Construction Is Underway
Road construction zone accidents can be extremely serious. Construction zones are risky for the workers, but also for cars traveling though the zones. Heavy equipment, including dump trucks may be entering or exiting the roadway. These trucks can’t stop as quickly as passenger cars. It’s important you leave plenty of room between you and other vehicles, when you’re in a construction zone.
It’s also important that you make sure there’s plenty of room between you and the tractor trailer or dump truck, before changing lanes. If you were to have to stop suddenly, the larger truck won’t be able to come to a safe stop in a relatively short distance.
Traffic Fatalities from Trucking Accidents
Attorney Jeff Roberts has discussed traffic fatalities in a number of podcast episodes. The risk is increase if a semi or other large truck is involved in the traffic accident. Wrongful death cases are difficult for attorneys because they realize the loss the family has experienced. An attorney handling a wrongful death case knows they are carrying the responsibility for pursuing justice on their shoulders.
Safe driving is one of the best defenses you can have to protect yourself and your passengers. One way you can do this is to allow more room between your car and other vehicles on the road. Heavy trucks are going to slow down when traveling uphill, and often accelerate on the downside of the hill.
If you have the opportunity, avoid driving directly beside a tractor trailer. Jeff specifically discusses his fear of driving near a log truck. Items can fall off the truck and cause extreme damage to nearby cars and their passengers.
While newer trucks have improved sensors to help truck drivers know when another vehicle is in their blind spot. Unfortunately, not every truck on the road has the improved technology. Don’t assume the trucker can see you. It’s not worth the risk.
Fatigue Can Be a Significant Cause of Traffic Accidents
While truck drivers are limited to the number of hours they can drive in a certain time span, adverse weather conditions, poor sleep and other factors can still negatively affect the trucker’s alertness.
Also keep in mind that other drivers may driving drowsy, or even under the influence of alcohol or drugs. You may feel fine, but it’s the other drivers on the road who may not be as safe as you are.
Understanding Pure Comparative Fault in Kentucky
Even if you weren’t 100% responsible in causing the collision, the amount of damages you recover can be reduced. Pure comparative fault basically means you pay for your portion of the damages. Jeff discussed this at length, in Episode 96. You can still recover a partial amount, but it may be reduced by the percentage of fault/negligence that is attributed to you. Remember, more than one driver can be at fault in a collision.
Jeff Roberts Also Has a Law Office in Hopkinsville
Jeff’s other office is located at 1910 S. Virginia St, Suite 210. He can meet with you to discuss your specific situation. He offers free consultations.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers “Small Town Service with Big City Results.”
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Trucking Accident Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
