Few details were available about a vehicle collision which killed a woman in Louisa. The wreck occurred at the junction of State Highway 3398 and U.S. HIghway 23, most likely when one of the drivers changed lanes or turned unsafely. The Lawrence County Sheriff’s Office and the Louisa Police Department initially responded. Officers from the Kentucky State Police are conducting an investigation.
Evidence in Truck Crash Claims
Frequently, these wrecks are so destructive that little physical evidence remains at the scene. Additionally, many of the most serious truck crashes occur in outlying areas where there are few witnesses. Since a victim/plaintiff has the burden of proof in an injury claim, a lack of evidence could be a serious problem.
But several other factors significantly benefit Lexington personal injury lawyers and their clients in these situations. The burden of proof in these claims (a preponderance of the evidence) is quite low. So, a little proof goes a long way. Additionally, attorneys are very resourceful in this area. They know how to make the most of the available proof and also find additional evidence.
A preponderance of the evidence means “more likely than not.” Imagine two new rolls of toilet paper are in your bathroom. If someone tears a teensy square off Roll A, it is larger than Roll B. That’s a picture of a preponderance of the evidence. So, a little proof goes a long way in these cases.
Juror preference usually comes into play as well. The defendants in these cases are usually out-of-state shipping or transportation companies. Most people, even the individuals who work for them, have little sympathy for such entities.
Attorney resourcefulness may be the most important factor in this area. Lawyers often partner with accident reconstruction professionals in these situations. These individuals know how to take a few colors and paint a very clear picture.
Electronic evidence, such as a large truck’s Event Data Recorder, is usually available as well. Large truck EDRs are very durable gadgets which normally survive even the most destructive wrecks. These devices are much like the black box flight data recorders in commercial jets.
First Party Liability
Individuals are legally responsible for vehicle accidents, at least in most cases. Driver error causes over 80 percent of the car wrecks in Kentucky. Typically, such errors are negligence, or a lack of care.
It’s easier to make the error-negligence connection in large truck wrecks. Commercial operators, like truck drivers, Uber drivers, and taxi drivers, have a duty of utmost care in Kentucky. Since they are professional drivers, these motorists must take affirmative steps to avoid wrecks.
Vehicle speed is a good example. Truck speed limits are usually lower than noncommercial vehicle speed limits. Even if the traffic laws are the same, Kentucky law, in the form of the duty of care mentioned above, still requires truckers to slow down. Excessive velocity is one of the most common causes of large truck crashes in Kentucky.
Other causes include operator fatigue and substance misuse. Many truckers stay behind the wheel longer than they should. Their profit margins are so low that a missed on-time bonus could be the difference between making money and losing money on a certain haul. In terms of substance abuse, 80 percent of drivers in one study admitted they used alcohol and/or amphetamines to make it through a long shift.
Third Party Liability
As mentioned, shipping and transportation companies are usually the defendants in these cases. That’s because of the respondeat superior principle. Employers are vicariously liable for damages if their employees are negligent during the course and scope of their employment.
Kentucky law defines all these key words and phrases in broad, victim-friendly ways. Course and scope of employment is a good illustration. Generally, any act that benefits an employer in any way is within the course and scope of employment. An injury in a company softball game is usually within the course and scope of employment. The free advertising benefits the employer in these situations.
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. You have a limited amount of time to act. #goodelawyers