Have you been injured in an automobile wreck, fallen in a store, or been hurt by machinery or equipment?
When another person or business causes your physical or psychological injury you may be entitled to money for your medical expenses, loss of income and your pain and suffering. For over 49 years, Richard M. Rawdon has helped people recover money for their injuries and losses. His extensive litigation experience, knowledge about insurance company tactics, settlement negotiation and trial skills have enabled him to obtain the best recoveries for his clients.
In Kentucky there are time limits on filing a claim for your losses. There are also regulations that stipulate how long a trucking company and other businesses must keep records and evidence. Time is important! Witnesses may disappear and memories fade, and evidence can no longer be found.
There are rules (Kentucky and Federal statutes and regulations) which a driver must follow when driving an automobile, tractor-trailer, truck or bus. When the driver fails to follow the rules other people on the highway are in danger of being hurt or killed.
Too often car and truck drivers cut corners to get to their destination on time. Cutting corners may be driving too long without sleep, not properly maintaining the truck, trailer, or car, talking on their cell phone or texting, drinking alcohol, using recreational or prescription drugs that impair their judgment, reaction time, or their ability to maneuver their car or truck safely, and speeding.
When the driver or trucking company violates the rules and someone is injured or killed, the law holds that driver liable for the injured person’s damages. Who else may be liable besides the driver: owner of the truck or car, equipment manufacturer, other negligent driver or government entity. I recently had a case the State was held responsible for a young man’s death because it did not put the correct speed to maintain in a dangerous curve.
Some frequent causes of tractor trailer, semi-trailer wrecks include: driver fatigue, unreasonable schedules, improperly loaded or over loaded trucks, defective equipment, distracted driving, poorly maintained truck, lack of driver training and experience, intoxication, dangerous weather conditions, defective roadways, excessive speed.
a.) Electronic control modules (black box) which track speed and braking before a wreck.
b.) GPS Systems
c.) Digital Video Systems which have video on driver, the road ahead, speed.
d.) Automatic braking system to brake if an accident is about to happen.
3.) Collision warning systems which alert the driver of a collision about to happen.
Why don't all tractor trailers have these technologies?
In Kentucky, a property owner may be responsible for your injuries if the owner negligently fails to reasonably maintain the property, creates an unreasonable hazard which causes a visitor to be injured or the owner knows about the danger, knows people with come on his property, but does not warn them of the danger or does not take steps to prevent the injury.
Examples of possible fault may occur when:
1.) fall off an unprotected ledge
2.) slipping on a spilled substance
3.) falling down a defective staircase
4.) tripping over an unmarked or unusual floor change
5.) tripping over an unmarked obstacle
6.) falling due to un-maintained structure
7.) falling due to a lack of warning signs
8.) tripping over obstacles in dim lighting.