Who Is Liable in a Truck Accident in Kentucky?

If you’ve been injured in a commercial truck accident, one of the most important things you and your lawyer must do is figure out who is at fault—and by extension, who is responsible for paying for your medical expenses, lost wages, and other damages. This is known as liability.

One thing you might not know is that determining liability in a truck accident case can be more complicated than in a typical motor vehicle crash. Several factors can play a role in causing a truck driver to lose control. You might need to pursue claims against multiple parties and insurance companies. And if you fail to identify them all, you could end up leaving money on the table—money you need to help take care of yourself and your family.

In this blog post, we’ll provide an overview of some of the most commonly liable parties after a truck accident, how experienced truck accident attorneys break down the evidence, and why it’s so important to identify all the contributing causes.

Potentially Liable Parties in Kentucky Truck Accident Cases

This is not a complete list, but it covers many of the most commonly responsible parties in commercial trucking accidents.

The Truck Driver

Although they are specially trained and licensed to handle big rigs, truck drivers can make the same errors as drivers of other vehicles, such as:

The Trucking Company

Trucking companies are responsible for hiring qualified drivers, providing proper training, and monitoring driver safety. When the company owns the truck, the trailer, or both components, it is also responsible for maintaining and repairing the rig. But unfortunately, trucking companies might knowingly keep an unsafe driver or equipment on the road to avoid losing profits.

Another way a trucking company might contribute to a crash is by pressuring drivers to violate state or federal safety standards with unreasonable deadlines. A truck driver may be fatigued because they’re working too many hours in a day, or too many days in a row, and not taking federally mandated rest breaks.

Your truck accident lawyer will request trucking company records and review them for evidence of negligent hiring practices, negligent tractor-trailer maintenance, and other violations.

A Vehicle or Parts Manufacturer

Companies that design, manufacture, and distribute semi-trucks and their parts may be liable if components on the rig are defective or malfunction. Some of the most common defective truck parts that can lead to an accident include:

  • The brakes
  • The tires
  • Lights and turn signals
  • The steering mechanism
  • The fuel tank and fuel system
  • The electrical system
  • Coupling devices attaching the trailer to the truck
  • Trailer door locks and latches

Multiple companies may be at fault when a defective truck component causes an accident. Our truck accident lawyers will thoroughly examine the 18-wheeler for any parts that may have failed or malfunctioned. We may enlist engineers and other experts to analyze and perform tests on suspected faulty components.

If we determine that a defective part or system contributed to the accident, our attorneys will identify the company or companies responsible for the part. Liability may be shared by the manufacturer, a company that assembled the product, and others. We will also consider whether the trucking company and/or a third-party mechanic was at fault for failing to perform necessary maintenance.

The Truck or Equipment Owner

Sometimes a truck is not owned by the driver or the trucking company, but a third party who is responsible for maintaining it. They could be liable as well if poor vehicle maintenance contributed to the crash.

A Maintenance Provider

A mechanic or other maintenance provider might be liable in a truck accident claim if they performed shoddy repair work or failed to identify a safety issue during a routine inspection, and it ended up contributing to the crash.

The Shipping Company

Multiple issues involving cargo may increase the risk of a truck accident. These include:

  • Overloading the truck: Federal regulations state that the maximum weight limit for a fully loaded semi-truck traveling on interstate highways is 80,000 pounds. Trucks that are overloaded are more likely to suffer mechanical failure. Drivers may also have difficulty preventing an accident when the truck is carrying too much weight.
  • Imbalanced cargo: Federal regulations also mandate the per-axle weight limits for commercial trucks. If one axle is overloaded, or if the weight is improperly distributed among the axles, the truck may become unbalanced and tip or roll over as a result.
  • Improperly secured cargo: As the truck is loaded, the cargo must be secured so it doesn’t shift within the trailer (when the truck is hauling an enclosed trailer) or fall off of the truck (if the trailer is open, such as with a flatbed trailer, a car carrier, or a livestock trailer). Failure to secure the cargo can throw off the balance of the truck, as well as cause freight items to spill into the road and create hazards for other drivers.

The truck driver is required to inspect the load at regular intervals in the course of a haul. Our truck accident lawyers will investigate the driver’s log book and other records to determine whether proper procedures were followed in loading and securing the truck.

A Government Entity

State, county, and local governments are responsible for overseeing the roads that lie within their jurisdiction. Roads inevitably deteriorate over time, especially if they see heavy traffic involving 18-wheelers.

Government agencies may be liable for a truck accident caused by a dangerous road when they fail to address unsafe conditions such as:

  • Potholes
  • Cracks in the pavement
  • Uneven lanes
  • Poor visibility on curves
  • Faded road striping
  • Missing or damaged lights and reflectors
  • Inadequate road signage
  • Poor grading, which creates drainage issues

If faulty construction was an issue in the truck accident, our lawyers may also be able to sue the contractor or subcontractor hired by the government to build the road.

Another Driver

It is not uncommon for truck accidents to involve multiple vehicles. Some of these crashes may be caused by negligence on the part of the truck driver, while in other cases the driver of a different vehicle may be at fault.

Semi-trucks take much longer than smaller, lighter vehicles to stop and move out of the way of danger. If another driver is careless behind the wheel, the truck driver may have limited options for avoiding an accident. When truck drivers are forced to overcompensate or take evasive maneuvers, nearby vehicles may be in danger.

After a truck accident, it is crucial to get the information of all drivers involved. If someone other than the truck driver contributed to or caused the accident, our lawyers can file a claim against any and all liable parties.

Your Own Auto Insurance

Unless you declined it, all Kentucky auto insurance policies include at least $10,000 in personal injury protection coverage. This can be used to pay for lost wages and medical treatment immediately after a crash, regardless of who was at fault.

Your policy may also contain uninsured and underinsured motorist coverage (UM/UIM). This type of insurance can cover you in case there isn’t enough other insurance coverage from the at-fault parties to fully cover all your damages.

Why Does Establishing Truck Accident Liability Matter?

After a crash, it’s extremely important to explain what happened, and why it happened, as accurately and comprehensively as possible.

There are a couple of key reasons for this:

  • Overcoming victim blaming. Trucking companies and their insurance providers do not have truck accident victims’ best interests at heart. If there is any uncertainty or gray area about the facts, they will try to argue that the driver or trucking company isn’t really to blame or you were at least partly responsible for your own injuries. The more evidence you collect, the better you can defend your legal rights.
  • Insurance coverage. When you file a lawsuit, the maximum amount of compensation you can collect is usually limited by the total amount of insurance coverage available from all liable parties. The federal government requires trucking companies to carry a significant amount of liability insurance—for example, $750,000 in coverage for semi-trucks hauling non-hazardous materials. But even this might not be enough to provide a full, fair financial recovery if you’ve been severely injured. However, if other parties are also responsible—such as a truck manufacturer or mechanic—you can pursue additional claims and increase the available amount of insurance money.
  • Accountability. When trucking companies, equipment manufacturers, or other responsible parties are negligent, people get hurt. If you don’t hold them accountable, they have no incentive to fix the problem. That means everyone is less safe.

How Does a Truck Accident Lawyer Prove Fault After a Crash?

After a truck crash, it’s important to contact an experienced attorney right away. As an accident victim or grieving family member, you will not be able to gather the evidence you need on your own. And this evidence can disappear quickly if it isn’t preserved. The sooner we can get working on the case, the better your chances of a successful outcome.

One of the first steps your lawyer will take will be sending an investigator to the scene of the crash. This investigator will take photos, take measurements, and use various forensic methods to piece together the events leading up to the crash.

Examples of evidence that may be used to determine fault in a commercial truck accident include:

  • Forensic evidence from the crash site. Skid marks, damage to the roadway, debris from the crash, and other forms of forensic evidence can all help paint a picture of what happened and why. 
  • Police reports. A police report should summarize the responding officer’s conclusions drawn from his or her on-scene investigation. While not sufficient on its own, a police report can be useful for helping prove the cause of a collision. 
  • Inspection reports. The location and extent of the damage to each vehicle involved in a truck accident can identify which vehicle caused the crash. Gathering this information involves hiring an expert to examine the vehicles and prepare an inspection report. 
  • Witness statements. Statements from drivers, passengers, and bystanders who witnessed the crash can serve as evidence of fault in a truck accident case. 
  • Truck driver testimony. Statements from the truck driver can serve as evidence as well. If the truck driver does not voluntarily provide a statement, it may be possible to obtain the truck driver’s sworn testimony in a deposition or at trial. 
  • Video footage. Commercial trucks are commonly equipped with dashboard cameras that record both the road ahead and the truck driver behind the wheel. If the driver is eating, talking on the phone, or otherwise distracted, it may be on video.
  • “Black box” data. Trucks are equipped with “black box” data recorders that track things like speed, when the accelerator and brake pedals are being pressed, and steering input in the seconds before a crash. This can help show whether a truck driver made a reasonable effort to avoid a crash, or if mechanical failures (such as poor brakes) were a contributing factor.
  • Cell phone records. Cell phone use is a common factor in truck accidents and other vehicle collisions. If the truck driver was on his or her phone at the time of the crash, the driver’s phone records may serve as evidence of fault.
  • Driver logs. Federal regulations limit the number of hours truck drivers can spend behind the wheel. If the truck driver exceeded the federal hour limits, this should be reflected in his or her driver logs. 
  • Employment records. If the truck driver’s employment records show that he or she lacked the necessary training and experience to drive safely or had a history of safety violations, then the trucking company may be at fault for negligent hiring and entrustment. 
  • Maintenance records. Records showing a lack of maintenance or faulty maintenance work can help prove that a trucking company or maintenance shop is at fault for a collision. 
  • Shipping records and bills of lading. If the truck driver was unable to maintain control due to a cargo-related issue, the cargo’s shipping records or the bill of lading may identify the responsible company. 

An experienced truck accident lawyer may also work with traffic reconstruction specialists, engineers, and other experts to analyze the evidence and build a successful case.

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Contact Our Truck Accident Lawyers Today

If you or someone you love has been hurt in a truck crash caused by someone else, the time to contact an experienced personal injury attorney is now. Our legal team will fight hard to hold the truck driver and trucking company responsible, as well as any other liable parties who contributed to the crash.

Please call (502) 222-2222 today for a free case review. The Karl Truman Law Office serves clients in Louisville and throughout Kentucky, as well as clients in neighboring Indiana.