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Jonathan Rosenfeld

December 20, 2023

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

Nationally Recognized in Legal Community

Louisville is ranked ninth in the United States for the number of vehicle accidents and sixth for the number of fatalities [1], many of which involve trucks. Truck accidents can be incredibly complex, as they cause greater damage and often involve more parties, making them fall beyond the scope of the average personal injury lawyer. 

This is why it’s crucial that you work with an experienced Louisville truck accident lawyer who can guide you through the process of getting the compensation you deserve. Call us today at (888) 424-5757 for a free consultation and read on to learn how we can help you get justice. 

What to Do After a Truck Accident in Louisville, KY

If you’ve been in a truck accident, you need to act fast to protect yourself and begin the claims process. Follow these steps as soon as possible:

  • Stay at the Scene – Don’t leave the truck accident scene. If you or your loved one has been seriously injured, don’t move until you’ve been cleared by an EMT or your life is in immediate danger.
  • Call the Police – You need documentation of the trucking accident. Get the details of everyone involved, including the truck driver and any witnesses, and be sure to have the contact information of the responding officer handy.
  • Go to the Hospital – The injuries from truck accidents may not be immediately obvious. Always get medical clearance and ask for copies of your medical records.
  • Contact a Kentucky Truck Accident Lawyer – You can contact our law firm at any time for a free case review.
  • Gather Your Documentation – Get a copy of the police report and your medical documents. Keep copies of insurance bills and medical expenses. If your loved one passed away at the scene or shortly afterward, include their death certificate, and ask for copies of their medical reports from the hospital and coroner. 

Filing a Truck Accident Claim With Rosenfeld Injury Lawyers

When you call us for a free consultation, an experienced truck accident attorney will walk you through every step of the process. You’ll receive personalized attention and full explanations of each step. Here’s an overview of the process:

  • Free Consultation – We charge you nothing unless we’re able to help you win compensation, so there’s no cost to discuss a potential truck accident lawsuit with us. At that time, we’ll gather basic information and let you know if we believe you have a strong case.
  • Case Investigation – We’ll assess every aspect of the commercial truck accident and identify what kind of case you have according to local, state, and federal laws. We’ll also ascertain which parties may be liable.
  • Gathering Evidence – Your Louisville truck accident lawyer will develop a strong case using all available evidence, including surveillance footage from where the accident happened, police reports, medical reports, and more.
  • Expert Consultations – Our law firm will consult medical professionals, accident reconstruction teams, and experts on federal trucking regulations. We’ll use every available resource to gather unbiased, accurate assessments of every aspect of the truck crash.
  • Insurance Negotiation – Taking commercial truck accidents to trial is very stressful for victims, so we work hard to get your medical bills, lost wages, and other necessities covered by insurance first.
  • Trial Representation – Should we not be able to get you fair compensation from the insurance company, we’ll represent you in a trucking accident lawsuit. You’ll work with an experienced truck accident lawyer, who will walk you through every step of the case and minimize its impact on your healing process. 

Evidence Needed to Prove Fault in a Louisville Truck Accident Case

Truck accidents have more factors at play than those only involving passenger vehicles, which can include the following:

  • Accident Evidence – This includes police reports, surveillance footage, eyewitness statements, and forensic evidence such as accident reconstructions and debris fields.
  • Medical Records – The injuries you suffered as a result of a truck crash play a crucial role in the amount of compensation you receive. 
  • Truck Data – Commercial trucks have a “black box” that records information like speed, tire pressure, emissions, and transmission temperature. This can identify whether the truck driver was speeding or whether improper truck maintenance played a role.
  • Driver Logs – Truck driver fatigue is a major cause of accidents. If the truck company did not allow for adequate breaks, they may be held liable.
  • Driver Phone Records – Between 8% and 9% of all fatal car accidents, including truck accidents, involve distracted driving [2]. Cell phone records can identify whether the truck driver was texting or talking on the phone at the time of the accident.
  • Inspection Reports and Maintenance Logs – A negligent trucking company may fail to maintain its truck fleet, leading to a crash.

Who Is Held Liable for Truck Accidents in Louisville

As the leading Louisville truck accident attorneys, we believe that anyone involved in semi-truck accidents should be held accountable for their negligence. 

Kentucky is a pure comparative negligence state, meaning that as long as you are not 100% responsible for your injuries, the other party can be held liable. This also means that multiple parties may have a percentage of responsibility and thus will have to pay a portion of the damages. These can include the following: 

  • Driver – Truck drivers are beholden to federal regulations that require them to exercise an abundance of caution on the road, as operating such a large vehicle requires greater care. 
  • Truck Company – While commercial truck drivers are typically the defendants in a truck accident personal injury claim, trucking companies may be held accountable due to vicarious liability, which holds companies responsible for the actions of their employees.
  • Maintenance – If an accident occurs due to inadequate maintenance, the fleet maintenance team may have legal responsibility.
  • Parts Manufacturer or Truck Manufacturer – Manufacturers in the trucking industry have a responsibility to create quality products. Truck accident cases caused by faulty parts or inadequate safety measures implicate the manufacturers, too.  
  • Department of Transportation – A report notes that the Department of Transportation has failed to prevent a particular subset of tractor-trailer accidents called underride crashes, where a passenger vehicle slides under the trailer. If this type of trucking accident happened to you, you may have a case against this federal agency.
  • Other Government Agencies – Sometimes, trucking collisions involve federal or municipal heavy vehicles such as fire trucks. The government division would be held responsible under vicarious liability, similar to trucking companies. 

Types of Cases That Our Louisville Truck Accident Attorneys Handle

Truck accident cases are more complicated than car accidents involving only passenger vehicles due in part to the diversity of case types. Our Louisville truck accident lawyers work with a variety of personal injury cases involving commercial vehicles, which can be divided into the following types:

  • Vehicles Involved – From January 2023 to October 2023, there have been 385 serious injuries and 105 fatalities from vehicle accidents in Louisville [3]. Numerous of these have involved semi-trucks, cargo trucks, or 18-wheelers, including one particularly tragic incident involving four commercial trucks that left one woman dead [4].
  • Parties at Fault – In accidents, truck drivers are 10 times more likely to be responsible than any other factor. However, vehicle issues, which may be due to negligence on behalf of trucking companies, are the cause of 10% of truck crashes [5]. Truck accident victims may hold several different parties responsible, including other drivers, trucking companies, and manufacturers. 
  • Notable Interstate – Multiple interstates pass through Louisville, including I-64, I-65, I-71, I-264, and I-265. There are also 17 US highways and nine parkways in the city [6]. I-64 is particularly notorious for accidents, such as an incident where a semi-tractor trailer hit a disabled semi-truck and caught on fire right before the I-265 ramp [7]. 

The Most Common Causes of Trucking Accidents

Semi accidents can be caused by a variety of reasons, many of which are due to inattention or negligence on the part of the truck driver. Common causes include:

  • Reckless Driving – Distracted driving and fatigued driving are two of the major causes of truck accidents, as truck drivers often spend long hours on the road, leading to highway hypnosis [8].
  • Ignoring Traffic Laws – Illegal maneuvers are the cause of 9% of truck accidents [9] and can lead to life-altering injuries for those in smaller vehicles. 
  • Unsecured Cargo – Truck drivers have a responsibility to ensure their cargo is properly secured before setting off. In one example, a truck driving through Louisville overturned and spilled thousands of Bud Light beer cans across the road, posing a serious risk to other drivers [10].
  • Poorly Maintained Equipment and Faulty Components – Brake failure is indicated in a large portion of trucking accidents. They may fail due to a number of issues, such as improper loading, surpassing weight limits, and improper maintenance [11], but the end result is the same: serious accidents that can even end in death.
  • Untrained Drivers – While commercial truck drivers are required to take 160 hours of classes, this may be accomplished in just 4 weeks [12], which is certainly not enough time to truly understand how to operate such a large vehicle. A driver who becomes certified in the summer may not know how to handle the 17 inches of snow that Louisville gets per year [13] or how to control their vehicle on icy road conditions. 
Louisville trucking accident causes

You Have Limited Time to File a Truck Accident Claim

It’s vital that you contact us straight away for a free case evaluation, as the Bluegrass State has very short statutes of limitations for auto accidents. The sooner that you can get an experienced Louisville truck accident attorney on the case, the more likely you are to receive fair compensation for your injury. 

These are the relevant statutes of limitations for truck accidents, including those caused by manufacturer or truck company negligence:

  • Personal Injury – 1 year 
  • Wrongful Death – 1 year 
  • Corporate Liability – 1 year 
  • Product Liability – 1 year 
  • Property Damage – 2 years 

Louisville Truck Accident Settlement Amounts

There is no set amount for a settlement, as they all depend on the circumstances of the case. However, Rosenfeld Injury Lawyers has recovered millions of dollars for our clients. Here are just a few examples:

  • $18,500,000 – A man left with permanent injuries, including limited mobility, after being struck head-on by a semi-truck.
  • $14,100,000 – A motorcyclist was fatally injured when an inattentive truck driver hit him while making a left turn.
  • $5,750,000 – While unloading cargo at a distribution center, a worker suffered severe crush injuries.

Factors That Affect Truck Accident Settlement Amounts

A truck accident involves a variety of factors, all of which will impact the settlement you can receive. This includes:

  • Extent of Injuries – Those left permanently disabled typically receive more.
  • Cost of Losses – Things like how much you had to spend on rehab or how long you were out of work will factor in.
  • Insurance Coverage – A truck owner or independent contractor may not have as much insurance available as a large trucking company.
  • Evidence and Eyewitnesses – Forensic evidence from the vehicle involved, as well as police reports and witness testimony, can bolster your case. 

Truck Accident Victims and Injuries Suffered

Due to the sheer weight of a truck, victims are left with far more severe injuries than in a typical car accident. This can include:

  • Spinal cord injuries
  • Traumatic brain injuries
  • Broken bones
  • Whiplash
  • Shrapnel wounds
  • Internal damage
Louisville trucking accident injuries

What Kind of Damages Can a Louisville Truck Accident Lawyer Help You Recover

Our lawyers work hard to get you compensation for every loss you have suffered, but the type of damages you can receive depends on who is filing the claim (the victim or their family), as well as how badly you were injured. Some common damages that can be recovered include:

  • Past and future lost wages
  • Past and future medical bills
  • Disability of disfigurement
  • Emotional or psychological trauma
  • Physical pain and suffering
  • Property replacement
  • Loss of enjoyment of life

Truck Accident Wrongful Death Claim

If you have lost a loved one in a commercial vehicle crash, we’ll ensure that you and your family are taken care of. Compensation you can receive includes:

  • Funeral costs
  • Medical expenses
  • Loss of financial support
  • Loss of companionship
  • Loss of guidance for minor children

How Long Does Settling a Truck Accident Case Take

As these cases are more demanding, a truck accident personal injury lawsuit will usually take over six months. However, this can vary widely depending on how responsive the insurance company is, how much documentation there is, and the complexity of the case. 

The sooner that you hire a Louisville truck accident attorney, the sooner we can get to work, which will ensure that we can file a lawsuit within the statute of limitations.

Are Louisville Truck Accident Lawyers Expensive

Our attorneys work on a contingency fee basis, meaning that you owe us nothing unless we win you the compensation you deserve. Everything from the free case evaluation, the investigation, and your representation at trial, will cost you nothing if we’re unable to secure compensation for you. 

Contact a Louisville Truck Accident Attorney Today!

Our law firm has recovered millions for those who have suffered from the negligence of drivers or trucking companies. We fight hard for our clients to ensure that they get fair compensation for their pain and suffering, and it costs the victims nothing unless we win, thanks to our contingency fee model. 

If you or a loved one has been injured due to a commercial vehicle accident in Louisville, KY, contact us today for a free consultation. 

Resources: [1] Louisville Courier Journal, [2] Forbes, [3] VisionZero, [4] WAVE3, [5] Federal Motor Carrier Safety Administration, [6] GIS Geography, [7] WHAS11, [8] Healthline, [9] Federal Motor Carrier Safety Administration, [10] CBS 58, [11] US Cargo Control, [12] Hazard Community and Technical College, [13] Louisville/Jefferson County Metropolitan Sewer District

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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