Lexington Truck Accident Attorney


 

Lexington Truck Accident Lawyer

Truck accident law firm, James Clayton Hall, PLC, knows that Kentucky has a high volume of semi-trucks, tractor-trailers, and other large trucks that transport a wide variety of products both on rural roads and along the interstate highways. Also, Kentucky’s production and shipment of oil, logs, and coal means that you are more likely to be involved in a serious accident with a large and heavy truck transporting such goods.

These truck accidents occur for a variety of reasons including poor driving conditions, braking problems, maintaining an inadequate following distance, failure to account for blind spots, and driver fatigue. Unfortunately, truck driver inattention causes many truck accidents.
 
Truck Accident—Personal Injury Lawyer in Lexington, KY
 
COMMON CAUSES OF TRUCK ACCIDENTS:
 
  • Collision with another vehicle(s)
  • Driving under the influence (DUI)/Driving while intoxicated (DWI)
  • Transporting equipment with trailers
  • Driver fatigue
  • Overturned trucks
 
  • Backing up
  • Semis jack-knifed in traffic
  • Overloaded trucks or trailers
  • Loads that shift weight unexpectedly
  • Adverse weather conditions
 
 
 
AVAILABLE INSURANCE COVERAGE
NO FAULT BENEFITS
In Kentucky, ALL drivers and passengers injured in a motor vehicle accident (regardless of fault) may have the RIGHT to certain auto insurance benefits. These benefits (also known as “PIP Benefits” or “Basic Reparation Benefits”) generally include: 1) $10,000 for medical bills; 2) $200 per week for lost wages; and 3) $200 per week for hiring someone to do household chores for you.

The insurance policy covering the vehicle that you was driving or a passenger in will cover your medical bills and lost wages. You can collect these benefits even if the accident was your fault.

The insurance policy of the vehicle (that you was driving or riding in as a passenger) will cover your medical bills and lost wages, unless the owner has rejected No Fault Coverage. Therefore, if there is No Fault Coverage, you can collect No Fault Benefits even if the accident was your fault or the fault of your driver!

No Fault Insurance Coverage does not include payment for pain and suffering and other out of pocket losses. Also, your No Fault Coverage will stop when your medical bills, lost wages, and/or replacement costs have reached $10,000. You must file a claim with the liability insurance company of the person or entity that caused your injuries to receive compensation for pain and suffering and other out of pocket losses, as well as for your medical bills and lost wages once your No Fault Coverage ends.
LIABILITY INSURANCE
When another person or entity causes you to have an accident with a large truck such as a tractor-trailer, you may be entitled to compensation for your injuries and car damage from their insurance company. In Kentucky, the minimum coverage required for automobile insurance policies is $25,000 for single person injuries and $50,000 for multiple person injuries. This means that the insurance company covering the vehicle or entity causing your injury may be obligated to pay for your pain and suffering, medical bills, lost wages, and other out of pocket expenses. It is important to note that this insurance company will only be obligated up to the coverage limits available for the particular policy involved. For example, if the at fault party’s insurance is a “$25,000/$50,000” policy as discussed above, then you could not recover more than $25,000 from the liability insurance company.

The insurance policy of the person or entity that caused your truck accident may also be obligated to pay for the damage done to your vehicle. Typically, the at-fault party’s insurance company will pay for necessary repairs to your damaged vehicle. When the damage to the vehicle is so severe that it bends the car frame or requires repairs that costs more than the fair market value of the vehicle, then the insurance company will consider the vehicle to be a “total loss” and pay you an amount equal to its fair market value.

When vehicles sustain damage as a result of a wreck, the fair market value decreases as a result. In Kentucky, the insurance company covering the cost of repairs may be obligated to compensate you for your vehicle’s loss of value. Otherwise known as Diminished Value, this is the reduction in value a vehicle suffers after being repaired from a collision. Basically, this will amount to the difference in the fair market value of the car before the wreck and fair market value of it after the wreck.
UNDERINSURED MOTORIST COVERAGE
Underinsured motorist coverage, otherwise known as “UIM,” is added insurance coverage that you may purchase through your own insurance company. If the injuries you sustained in a truck accident cause you to have pain and suffering, medical bills, lost wages, and other out of pocket expenses greater than the insurance coverage of the person or entity that caused your injuries, then you may recover additional benefits from your UIM coverage. Using the same example as above, we know that if the at- fault party’s insurance is a “$25,000/$50,000” policy, then you could not recover more than $25,000 from the liability insurance company. But what if you suffered more than $25,000 in pain and suffering, medical bills, lost wages, and other out of pocket expenses? If you have UIM coverage, it may compensate you for the pain and suffering and other losses that exceed the amount of coverage available through the insurance policy covering the at-fault person or entity. For example, if the at-fault person or entity’s coverage is limited to $25,000 for you to recover from and your injuries cause you to have pain and suffering and other losses in the amount of $75,000, then your UIM coverage would compensate your for $50,000 which represents the amount in excess of $25,000 that the at fault person or entity’s insurance would pay you.
UNINSURED MOTORIST COVERAGE
Uninsured motorist coverage, otherwise known as “UM,” is additional insurance coverage that you may purchase through your own insurance company. UM coverage will pay you for your pain and suffering, medical bills, lost wages, and other out of pocket expenses if the person or entity that caused the truck accident did not have liability insurance coverage on their vehicle. This means that you would not be compensated by the at fault party’s insurance company for your pain and suffering, medical bills, lost wages, and other out of pocket expenses if they did not have insurance coverage on their vehicle. In this scenario, your UM coverage would be available to you to compensate you for the pain and suffering and other losses you suffered at the hands of an uninsured driver.
 
COMPENSATION AVAILABLE TO YOU
 
1. Past pain and suffering
2. Future pain and suffering
3. Past lost wages
4. Loss of power to earn money in the future
5. Lost job opportunities
6. Past medical bills
7. Future medical bills
8. Vehicle repairs or fair market value
9. Vehicle’s loss of value
10. Loss of spousal companionship
11. Loss of enjoyment of life
 
12. Travel expenses
13. Working while in pain
14. Hiring someone to do house work
15. Loss of ability or joy in sports, hobbies, and recreation
16. Loss of sleep
17. Cleaning and maintaining your home while in pain
18. Inability or impairment in walking, bending, climbing stairs, using vehicle, etc.
19. Anxiety/Mental Anguish/Depression/Post-Traumatic Stress Syndrome
20. Permanent physical impairment
21. In cases where the accident victim loses their life, survivors may seek wrongful death compensation
22. Punitive Damages
 
CENTRAL KENTUCKY AND EASTERN KENTUCKY TRUCK ACCIDENT ATTORNEY
Many people are seriously injured or killed in accidents with large trucks such as tractor-trailers and coal trucks. If you or someone you love was involved in a large truck accident in Central Kentucky, Eastern Kentucky, or elsewhere, and it led to a wrongful death or a serious injury, please call us today. We will help you find justice during this difficult time and compensation for your many losses.
 
CONTACT TRUCK ACCIDENT INJURY ATTORNEY AT JAMES CLAYTON HALL, PLC. PROUDLY SERVING CENTRAL AND EASTERN KENTUCKY– NO FEES UNLESS WE WIN OR SETTLE YOUR CASE
It is extremely important to contact a qualified and experienced Lexington injury attorney at the earliest possible time in order to preserve your rights to compensation. Our Lexington law firm and truck accident lawyer has recovered thousands of dollars for our clients over the past several years alone. James Clayton Hall, PLC does not charge any legal fees unless they successfully settle or win your case. For a free case evaluation, call (859) ASK-HALL (275-4255).