Practice Areas

view all

Blog

Firm News

view all >

Library

Truck and Auto Accidents

This year there have been 800 fatalities on Kentucky’s roadways. Almost all were the fault of a negligent/careless driver. Chances are, you have been or will be involved in an auto or truck accident. The interstates that run through Kentucky (I-65, I-64, I-264 “Watterson Expressway”, I-265 “Gene Snyder Expressway,” I-71, and I-75) are some of the most dangerous stretches of highway in the United States. In addition, drivers on Dixie Highway, Western Kentucky Parkway, Bardstown Road, Taylorsville Road, Outerloop, Preston Highway, Hurstbourne Lane, Brownsboro Road, Shelbyville Road and the Bluegrass Parkway must be aware that accidents occur often on these heavily traveled roadways. In two years the Gene Snyder Expressway alone accounted for nearly 400 injuries and almost a dozen deaths.

Trucking accidents are more complex than typical fender benders. These serious and complicated crashes require an attorney who has the experience and resources to handle their complexities. The attorneys at Franklin Gray and White are highly respected in the field of truck accidents and use their resources, experience, and knowledge in analyzing DOT regulations, interpreting log books and maintenance records and reviewing accident scenes. In addition their team uses some of the most advanced forms of accident reconstruction.

While it is true that many law firms handle auto and truck accidents, most do not have the skills and resources to properly represent an accident victim. Franklin Gray and White use cutting edge technology to carefully recreate the scene of your accident. The attorneys at Franklin Gray and White are dedicated to ensuring that a jury can see the accident, and therefore clearly see who was at fault. Few firms have the resources needed to provide professional accident reconstructions. By drawing on the expertise of seasoned accident reconstructionists and computer animators Franklin Gray and White can provide a professional reconstruction of your accident. Their experts have been forerunners in accident reconstruction and have reconstructed some of the largest traffic disasters in the United States. These experts are well versed not only in Kentucky’s highway safety regulations but have extensive experience dealing with serious accidents nationwide. Cases in point: Significant seven-figure award for the familes of victims of the tragic Carrolton Bus Crash. Mr. Franklin was the only attorney to take the defendants to trial. Most importantly, caused important safety modifications to be made to school buses nationwide. Multiple seven-figure settlement for victims of a fatal semi-truck accident on Kentucky highway. The case involved an 18-wheeler traveling at a dangerous high-rate of speed running over-top of a passender vehicle.

Large Truck Accidents

We’ve all seen them: big rigs involved in accidents with passenger cars. In 2006 over 81,000 people were injured during a collision with a truck. Kentucky alone has had its fair share of catastrophic truck accidents. Last year 120 people were killed during accidents involving trucks and over 1,600 were injured. In most cases the injured party is the driver of the car, not the big rig.

In 2005 large tucks, those weighing over 10,000 pounds (i.e. 18 wheelers, tractor-trailers, semis, dump trucks, and garbage trucks, etc.), were involved in 442,000 accidents nationwide. 4,932 of these accidents were fatal. Organizations such as the Federal Motor Carrier Safety Administration (FMCSA) have come up with ad campaigns and programs to help drivers deal with tractor trailers. The No-Zone program aims to help educate the public on the best way to avoid accidents with commercial trucks. However, no matter how careful motorists are, the sheer number and size of trucks on the road can be a recipe for disaster.

In 2004 there were over eight million commercial trucks registered in the United States. These trucks covered billions of miles and though most drivers do their best to keep the roadways safe, there are many factors which can lead to serious traffic accidents and tragic results.

Excessive Speed

Speeding is a problem on every roadway in America. When drivers speed they put the lives of everyone on the road at risk. When the speeding driver is operating an 18-wheeler the risks multiply. The size and weight of a large truck makes it more likely to cause greater damage in an accident. When the driver is speeding they may fail to stop in enough time, causing a major collision and possibly a multiple vehicle pile-up.

Driving Too Fast for Conditions

According to a study done by the FMCSA 33,000 accidents were reported to have had driving too fast for conditions as a factor in the accident. Dangerous driving conditions can include poor visibility due to rain, fog, snow, or blowing sand or dust. In addition, ice or rain on roadways can make driving hazardous. If the driver does not adjust their driving to accommodate for inclement conditions they are more likely cause an accident. Roadways themselves may require drivers to adjust their speed. In construction zones, congested traffic areas or if the roadway is pitted, contains sharp curves, hills, or is restricted due to maintenance a driver should slow their truck. If he does not there is a greater risk of an accident.

While excessive speed is a serious issue, it is not the only cause of accidents involving commercial vehicles.

Drowsy Driving

The work load a trucker takes on can lead him or her to drive while not well rested. A driver may rely on caffeine and other stimulants in order to stay awake. The temporary nature of the stimulants cannot make up for restful sleep. Drowsiness-related crashes are 4.5 times more likely to involve a large truck than a passenger car. The National Sleep Foundation just finished a week long campaign against drowsy driving. Despite these statistics, some of the major trucking companies continue to overwork their drivers.

This lack of sleep can cause a slowing of reaction time and can cause the driver to make preventable mistakes such as drifting into another lane, impaired judgment and vision, increased aggressive behaviors, decreased vigilance and decreased driving performance.

Aggressive Driving

A large truck outweighs passenger cars by many tons. When a driver drives aggressively their truck becomes a deadly weapon. Long hours on the road, drowsy driving, and the frustration of sharing the road can leave a driver agitated and angry. When a driver uses his truck to play out his anger and frustration there is every chance that the driver will cause an accident. Such an accident has the real possibility of leading to loss of life and serious injury.

Improperly Secured Load/Spilled Loads

A truck driver must ensure that each load they take is properly secured. Any flying debris, from paper and other waste materials to large steel coils can pose a threat to other vehicles and their occupants. If the load is liquid or contains hazardous materials, the consequences of a spilled load can be disastrous. It is the responsibility of the truck driver to make sure that their load is secured each and every time they take to Kentucky’s roadways.

Improper Maintenance/Mechanical Failure

While only 4% of accidents involving large trucks were found to be caused by mechanical failure these failures do lead to serious accidents. The failures may be due to a mistake by either the driver himself or the maintenance company that works on either the truck or the trailer. With such large loads it is imperative that every truck and trailer is properly maintained and repaired. Failure to do so may trigger a catastrophic accident.

Inherent Risks of Driving Large Trucks

The wide turning radius of a truck can cause the truck to jump a curb, a dangerous situation for pedestrians waiting to cross the street. There are a multitude of dangerous driving situations that cause accidents involving big rigs. Often, the injuries and deaths they cause could have been prevented by the truck involved. The limited view big rig drivers have can cause them to overlook the vehicles that surround them.

Auto Accidents

A car accident is possible every time you get behind the wheel. We rely on our vehicles to get us to and from work, take our children to school and to run our daily errands. From road trips to a quick run to the store most Americans are completely reliant on their vehicle. Driving is such an integral part our lives that until an accident occurs, we don’t even think about the risks involved. Even if we are doing a good job of driving, the cars we share the road with may not be doing the same.

According to the National Center for Statistics and Analysis (NCSA) the top six causes of accidents are:

1. Distracted Drivers
2. Driver Fatigue
3. Drunk Driving
4. Speeding
5. Aggressive Driving
6. Weather

The National Highway Traffic Safety Administration (NHTSA) reports that 43, 443 people were killed in automobile accidents in 2005. In the same year there were over six million reported crashes with well over two million of these ending in injury. Though these statistics do not account for the extent of the injuries, an auto accident can lead to many injuries, both physical and mental. Some of the most common injuries resulting from an accident are:

Brain injuries: According to a leading expert in traumatic brain injuries, there are three primary ways that the brain is injured in an accident: bruising (bleeding), tearing, and swelling. Any of these injuries can be life-threatening. Even when an accident victim survives a brain injury, they may have long lasting problem associated with the head trauma.

Spinal injuries: Spinal injuries can range from causing minor irritation to an accident victims death. A spinal cord injury is the most serious and can cause partial or full paralysis or a loss of function or sensation below the injured portion of the spinal cord. The most severe cases of spinal injury can cause the loss of life.

Orthopedic Injuries: Orthopedic injuries are the most common type of injuries found in car crash victims. They can range from any bone break or fracture, strained or sprained muscles, or torn ligaments and tendons. Though not always life-threatening, this type of injury can be very serious, affecting the injured party for a lifetime.

Trauma Pain: Trauma pain is any injury or wound caused by an external force. Depending on the accident trauma pain in auto crashes can be broken limbs, open wounds or lacerations, spinal cord injuries, head trauma and whiplash. These injuries can range from minor to life threatening.

Burns: During an auto accident victims may incur either thermal burns, affecting the skin, or burns that affect the airway. Burns to the airway can occur when inhaling smoke, toxic fumes, or superheated air, all of which can be present in an auto accident. Thermal burns occur when flammable substances released from the vehicle or from a spilled cargo load ignite, burning everything in their path. The road to recovery is long and painful for burn victims. Depending on the severity of the burn a full recovery may not be possible and the injured party may suffer for the rest of their lives.

Mental Trauma: An accident can also cause mental trauma. After a serious accident driving can become a frightening prospect. If the accident was seriously traumatic, a victim may even become afflicted by post traumatic stress disorder.

If you or a loved one has been seriously injured in a truck or car accident, please do not hesitate to call Franklin Gray and White at 1-502-637-6000 or 1-800-637-6033 (toll free) for your FREE CONSULTATION.

Franklin Gray and White
Serious Cases Demand Serious Lawyers
1-502-637-6000 or 1-800-637-6033 (toll free)
mwhite@franklingrayandwhite.com

Library for Truck and Auto Accidents:

Safe Holiday Travel Tips [PDF]
Safety Tips For Driving Near Trucks [PDF]

Frequent Questions for Truck and Auto Accidents:

Case Results for Truck and Auto Accidents:

Free Consultation

Begin your case review by filling out the form below or call us toll free at
(800) 637-6033.

Franklin Gray and White
The Speed Mansion
505 W. Ormsby Avenue
Louisville, KY 40203

Toll Free: (800) 637-6033
Phone: (502) 637-6000
Fax: (502) 581-1933

FAQs

Truck and Auto Accidents

Medical Malpractice

I Believe I May Be The Victim Of Medical Malpractice. Is There A Fee To Consult The Attorneys Of Franklin Gray & White?

Success Stories