Trucking Accidents

In the United States, there are over 500,000 trucking companies, and there are 15.5 million trucks operating with 2 million of those vehicles being tractor trailer trucks. Twenty percent of the fatal accidents that occur each year involve commercial vehicles. Trucking statistics show that even in motor vehicle accidents involving tractor trailer truck speeds as low as 5 miles per hour can produce injury. Approximately two-thirds of trucking accidents occur in rural areas with the other third occurring in more populated urban areas (www.truckinfo.net/trucking/stats.html). The size of a truck, tractor trailer or eighteen-wheeler compared to other motor vehicles means the potential for a catastrophic injury or death is far greater than the typical motor vehicle accident. Often times, large trucking companies encourage drivers to meet unreasonable delivery schedules to increase profit resulting in reckless or negligent conditions including, but not limited to, the driver being fatigued from driving too many hours, the weight of the truck being too heavy or not being distributed properly making the truck more likely to have an accident, not keeping the tractor trailer in proper maintenance or having proper safety equipment or hiring individuals to drive the truck that are not qualified or undergo adequate training.

If a truck driver is negligent or reckless in operating a truck, tractor trailer or eighteen-wheeler, and as a result of that negligent or reckless driving a person suffers injury, the law in Kentucky and Indiana requires that the negligent driver pay for the harm that it caused to that person.

The following case summaries are trucking accident cases we have personally handled and litigated and are provided for illustrative and informational purposes only and are not meant to offer legal advice or intend to take the place of consultation with a qualified attorney that has the requisite expertise and experience in these matters. These cases are only a sampling of the actual cases we have handled. While some cases may be similar, each case involves unique parties and specific facts, and the application of those facts to the controlling law may differ significantly depending upon the circumstances. No results or outcomes can be guaranteed in any case.

1. James W. was a 60-year-old truck driver that was injured while operating his own tractor trailer that was at a complete standstill in traffic when another tractor trailer crashed into the rear of his vehicle. James W. did not believe he was seriously injured and did not go to the hospital at that time and even worked the next two days. However, after two days, he began to have back pain in the low back that was radiating into the right leg. He also had temporary hematuria. He was eventually sent to physical therapy and then aquatic therapy. He initially underwent conservative management including two epidural blocks which did not give him significant relief. Several months after the crash, James W. was still experiencing leg pain that was worsening. James W. was having limited work capability as he was having problems sitting or standing for extended periods of time. He was finally diagnosed with a right sided disk herniation at L5-S1. Ultimately, James W. was unable to return to his position as an over the road truck driver where he was earning approximately $80,000 per year. The lawsuit was filed in Clark County, Indiana, but the case was settled for a significant six figure amount before it proceeded to trial. In addition, we were able to negotiate his six figure workers compensation lien down to $14,500.