Truck Driver Fatigue

Truck Accident Attorneys in Kentucky

Because of the significant difference in the weight between a passenger vehicle and a tractor trailer, truck accidents can have a devastating effect. Based in Bowling Green, the Kentucky truck accident lawyers of English, Lucas, Priest & Owsley, LLP have been helping clients with their legal problems since 1973. If you have been injured in a truck wreck, we can help you recover the damages to which you are entitled.

Truck Drivers Must Abide by Laws that Limit Driving Time

Kentucky’s location in the middle of the country makes it a hub for commercial vehicles. In 2012, there were more than 162,000 commercial trucks registered in the state, according to a report by the Kentucky State Police. In an attempt to limit the number of accidents caused by fatigued drivers, federal law limits the number of hours a truck driver can legally drive. Truckers and their employers can face significant fines and civil liability if they break these laws.

Kentucky Law Protects Tractor Trailer Accident Victims

Although there are several legal theories that may apply in a tractor trailer accident case, most truck accident victims who file a lawsuit allege negligence on the part of the driver or the trucking company. To prevail in a truck accident negligence case, the plaintiff must prove by a preponderance of evidence that:

  • The truck driver or trucking company owed a duty to the plaintiff;
  • The driver or company breached that duty; and
  • The plaintiff’s injuries were caused by the driver’s or the company’s actions.

All drivers on Kentucky roads owe a duty to other drivers to behave reasonably behind the wheel. Truck drivers are required by law to limit the number of hours they drive, and one who drives in excess of those limits has breached his duty. Even if the trucker has not exceeded the legal hours limit but is too tired to drive, he has breached his duty to drive reasonably. If such a driver causes an injury accident, the trucker, and likely his employer, could be held liable for damages.

Because of the unique circumstances of tractor trailer accidents, it is important to contact an attorney as soon after the accident as possible. This will provide the best chance for important evidence to be preserved and collected.

Negligent Defendants are Liable for Damages

If a truck accident plaintiff successfully proves her case, the truck driver or trucking company will have to pay compensatory damages. Economic compensatory damages cover the plaintiff’s easily calculable damages, such as medical bills, lost wages, and vehicle damage. A plaintiff may also recover noneconomic damages to compensate for things like pain and suffering, emotional distress, or disfigurement.

In some cases, plaintiffs may also seek punitive damages, which are intended to punish the defendant. In Kentucky, the bar for proving punitive damages is high. It requires that the plaintiff prove this part of his case by clear and convincing evidence — a higher standard than other portions of his case. Ask a knowledgeable attorney if you are unsure whether you may be entitled to punitive damages for your tractor trailer accident case.

Have an Experienced Lawyer on Your Side

Litigating tractor trailer accidents requires knowledge and experience that other types of cases do not. English, Lucas, Priest & Owsley, LLP is comprised of Kentucky truck accident attorneys with years of experience helping victims of tractor trailer accidents. If you have been injured in a truck accident, call (270) 781-6500 or fill out our online contact form to schedule a free case evaluation. We proudly serve clients in a number of communities, including Owensboro, Franklin, and Warren County. Our firm also represents clients in Nashville and throughout Tennessee.

Client Reviews

I was so pleased with all the good efforts and grateful for all Jessica and her firm did on my behalf.

Clare

Kurt was very helpful, caring, and understood the struggle we had. He was diligent and worked fast to make sure our case was handled quick, fairly and properly. He settled my case above my expectations and has continued to stay in contact to make sure all needs were met.

Amy

I know Kurt to be a man of integrity with an uncanny sense and knowledge of the law and it's workings. I enthusiastically, without hesitation recommend Kurt and would call upon him again.

Linton

Mr. Roby helped me with the process after my car accident. Very helpful and made the process very beneficial for me.

Abigail

At 37 weeks pregnant my wife was in an automobile accident in Bowling Green caused by someone not only under the influence of alcohol but was non-licensed, non-insured, and a non-citizen. With my wife’s vehicle totaled, in the middle of trying to pack and move into our new home just a couple weeks...

Claiborne

Attorney Kyle Roby was excellent, and truly fought for me. I appreciated all the people I spoke with from the front desk clerk, Molly, and Mr. Roby. I thank ELPO personnel for all their kindness, understanding, and incredible diligence towards obtaining the best possible outcome for me. Thank you...

Victoria

Kurt Maier is simply the best! He has always been clear and straight to the point about my cases. He kept me informed every step of the way. If you are looking for a devoted attorney to win your case, I highly recommend him!

Tarinza

Jessica Shoulders and Molly are absolutely phenomenal! I have worked with Jessica for years on several cases, and she has consistently provided top-tier legal representation. She stays on top of every detail, ensuring the best possible outcome every time. Her dedication, expertise, and commitment to...

Ricky

Kyle Roby made me feel like family. I really appreciate how he handled my case. Seemed more like a friend than attorney. Would definitely recommend him to anyone needing an attorney

R C

Kyle handled my case with such professionalism and ease. I was constantly kept informed throughout every step of the process. They began work quickly, answered all my questions, negotiated a more than satisfactory settlement, and was truly passionate about the level of service they provided.

Ashley

We had just experienced a horrible car accident out of state. My mother in law who was our passenger received the worst injuries. We were tied up with her care. Talking with doctors, Medicare, insurance adjusters etc. We contacted ELPO law offices and worked with Kurt and Donna over the next several...

Bill

Such a wonderful experience with ELPO Law firm. Highly recommend Kyle Roby for any accident related case. Case manager Heather Renick made the process easy and understandable. She answered any and all of my questions. Making the grueling process very stress free. Anytime I made a visit to the office...

Mallory

Kurt and Donna were absolutely AMAZING. They truly make you feel heard and handle everything for you. I would never go any place else for assistance. Thank you guys!!

Leslie

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