Understanding Truck Accidents on Kentucky Highways

Truck accidents on Kentucky highways are a significant concern as they often result in major property damage, catastrophic injuries, and multiple fatalities. Survivors face mounting medical bills and household expenses at a time when they may be unable to work, and their lives and those of their families may never be the same.

If you or a loved one was injured or someone has died in an accident with a truck, you may be entitled to compensation for your losses through insurance or a lawsuit. However, you should understand that Kentucky laws involving truck accidents are complicated, and federal laws often enter the picture as well. Large trucking companies and their insurers have deep pockets and high-powered lawyers working to get you to settle for the lowest amount possible, so it is difficult to go up against them on your own. When dealing with a truck accident it can help to seek legal representation from an attorney experienced in the unique challenges of truck accident cases to fight for the compensation you deserve.

How Truck Accidents Differ from Regular Car Crashes

Vehicle crashes between cars can cause major injuries and property damage, but when trucks are involved, the results are even more deadly. Large trucks are difficult to maneuver and may take 20 to 40 percent longer to stop than a car. They carry enormous weight, weighing up to 80,000 pounds compared to the 3,000–4,000 pounds of a typical car. This weight difference results in greater force during collisions, causing catastrophic damage to smaller vehicles and serious or fatal injuries for occupants, especially when traveling at the high speeds of highways. It’s no wonder that in 2022, the Kentucky State Police reported that while 35% of all collisions occurred on Kentucky’s state numbered routes, 47% of all fatal collisions took place on these roads.

In addition to the fact that truck accidents typically result in more severe injuries and fatalities, there are several key differences between car and truck accidents:

• Insurance issues: Commercial trucks are required to carry higher insurance coverage than passenger vehicles as accidents often result in high damage claims. As a result, trucking companies and their insurers are more likely to dispute the claim and fight to minimize their financial liability.
• Multiple liable parties: While car accidents usually involve only the drivers, truck accident claims often may involve multiple parties potentially liable for causing a crash.
• Evidence issues: Truck accidents can involve complex evidence, including operational records of the trucking companies, accident reconstructions, and data from truck event data recorders (“black box”).
• Need for specialized legal expertise: Truck accident cases often require attorneys with specific experience in commercial vehicle regulations and the trucking industry.
• Complicated laws and regulations: In addition to rules that all vehicles must follow, there are specific laws and responsibilities pertaining to trucks.

What are Relevant Federal and State Regulations for Trucking Accidents?

The Federal Motor Carrier Safety Administration (FMCSA) sets regulations for the trucking industry. These include commercial driver’s license standards; safety fitness procedures; financial responsibility for motor carriers; hours of service for drivers; and inspection, repair and maintenance of vehicles. Federal law mandates that trucking companies maintain detailed records of all accidents involving their fleet for at least three years.

Kentucky adopts FMCSR rules for trucks operating within the state and across state lines, and also has specific state regulations to ensure road safety and accountability. These regulations include:

• Driver qualifications – Truck drivers must hold a Commercial Driver’s License (CDL) and undergo specialized training.
• Vehicle maintenance requirements
• Weight limits for trucks and cargo of 80,000 pounds
• Operational requirements limiting driving to 11 hours per day to prevent fatigue
• Reporting requirements where accidents involving injury, death, or property damage exceeding $500 must be reported to law within 10 days.

In addition, Kentucky enforces additional safety standards for intrastate trucking through safety administrative regulations found in 601 KAR 1:005.

Violations of regulations can be evidence of negligence and can impact liability in truck accident cases.

How Liability is Determined in Truck Accidents

To win your case, your truck accident attorney would have to show that another party, the defendant in the case, was negligent and at fault for causing the accident that injured you and therefore should be held liable for the damages involved. Proving liability involves showing the following legal elements:

• Duty of Care: The defendant owed you a duty of care to operate their vehicle safely.
• Breach: The defendant violated this duty through negligent actions.
• Cause: The breach directly caused the accident and injuries.
• Damages: You suffered measurable harm.

Determining liability in truck accidents is especially complicated because of the multiple parties involved who may share fault in causing a crash. For example, liable parties may include:

• Trucking companies that may have been negligent in hiring, supervising, or training drivers, or that pressure drivers to exceed maximum hours-of-service regulations
• Maintenance personnel who may have failed to properly inspect, maintain, and repair their trucks
• Cargo companies that may be responsible for improper load securement that could allow shifting
• The municipality or company responsible for road maintenance if faulty road conditions were responsible for the accident
• The manufacturer of the truck or its parts, if these were defective
• The truck’s owner, if a party other than the truck driver or trucking company owns the commercial truck.

Because the financial costs are so high in truck accidents, truck companies and their insurers have a team of investigators they immediately send to investigate the crash and driver logs, truck maintenance records, and data from electronic logging devices to look for evidence that helps their case and minimizes liability. To combat that, it is important for victims of truck accidents to have an experienced attorney working for them to investigate the accident and preserve evidence such as black box data that can be used to prove liability.

Get Help Receiving Compensation for Truck Accidents

In a successful truck accident case, you may receive a damage award that covers monetary losses for medical bills, lost wages, and property damage, as well as non-economic damages such as pain and suffering and wrongful death. Depending on the circumstances, damage awards after a collision involving a truck can range into the millions of dollars. It is no wonder that trucking and insurance companies will do everything in their power to prevent paying.

Truck accident claims are too complicated to navigate on your own. Get help from a skilled personal injury attorney who knows the law, how truck companies and their insurers operate, and how to investigate and preserve evidence, negotiate for a fair settlement, and take your case to court if necessary.

Attorney Billy Johnson can determine responsibility and the extent of damages, establish your claim, and handle all legal requirements, court filings, investigations, and negotiations involved with recovering the full financial compensation you deserve. Billy has successfully secured settlements and jury awards on behalf of truck and other vehicle accident victims on Kentucky highways. His results include a $24 million settlement in a recent truck wreck accident.

We work on a contingency basis, so we get paid only when you get paid. Call the Johnson Law Firm at 606-437-4488 today for a free, no-obligation consultation.

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