Kentucky Laws About Truck Accidents
Under Kentucky law, motorists involved in a truck accident are required to provide "reasonable assistance" to other people injured in the accident. The driver should help the victims with transportation to a medical facility.
Statute of Limitations
The statute of limitations for truck accident claims in Kentucky is complex and we urge you to contact a lawyer as soon as you have been injured. Below are some general rules but they may vary based on the exact facts of your case. These are general rules only and you should hire an attorney right away and seek an opinion for exceptions or variation under Kentucky law:
- Personal Injury: Pursuant to Kentucky Revised Statutes Section 413.140, an action for an injury to the person of the plaintiff shall be commenced within one year from the date of the occurrence in most but not all cases.
- Wrongful Death: According to Kentucky Revised Statutes Section 413.140, an action for wrongful death must be filed within one year from the date of the death or one year after the appointment of the personal representative, but not to exceed two years from the date of death and if loss of consortium (loss of love and affection of a spouse or minor) is involved you may need to consider filing within one year of the date of death.
- Property Damage: Pursuant to Kentucky Revised Statutes Section 413.125, an action to recover a damaged personal property shall be commenced within two years from the date of the accident.
Under Kentucky law, motorists involved in an accident should notify law enforcement of any known injuries, fatalities, and motor vehicles rendered inoperable. If no investigation was carried out, the driver is required to file a written accident report with the Department of Kentucky State Police within 10 days of the accident.
Vicarious Liability of Trucking Companies
A trucking company is considered to be vicariously liable for injury or damages caused by its driver if the driver was acting within the confines of their employment at the time of the accident.
Depending on the circumstances leading to the truck accident, a number of different people may be potentially held liable for the accident. These parties include:
- Truck Driver — The truck driver may be held responsible for an accident when the driver was found to be committing a traffic offense, driving while fatigued, speeding, or due to improper training.
- Truck Company — The trucking company that hired the driver may be held responsible for a truck accident that occurred as a result of errors such as setting unrealistic expectations, inadequate safety inspections, or hiring an unqualified driver.
- Truck Manufacturer — Likewise, the parts manufacturer or truck manufacturer may be held liable if the traffic collision occurred as a result of a defective part, such as a mechanical failure or faulty brakes.
- Cargo Loaders — Unfortunately, a truck accident may occur as a result of loose or unsecured cargo. During shipment, equipment or boxes may shift or fall off the truck, causing an accident. In such cases, the cargo loader may be held liable for failure to properly secure, inspect, or balance the cargo.
- Maintenance Personnel — Maintenance personnel who are expected to carry out routine repairs, safety checks, or inspection of engine, brakes, electronic systems, and fluids, may also be held responsible for a truck accident if the incident occurred as a result of the person's oversight in performing their expected duties.
Steps to Take After a Truck Accident
The period after a truck accident can be difficult and emotional. However, the steps you take or fail to take after the incident could significantly impact the outcome of your injury claims. When involved in a Kentucky truck accident, you should take the following steps:
- First, get to safety and help other accident victims to safety.
- Call 911 and seek immediate medical treatment for your injuries.
- Report the truck accident to law enforcement.
- Collect relevant information, including the truck driver's name, address, phone number, license number, the trucking company's name, and insurance information.
- Obtain a police report, accident scene photos, and eye-witness statements and testimonies.
- Document all of your medical treatments, medical costs, doctor's appointments, personal account of the event, as well as the impact the accident has on your day-to-day life.
- Notify your insurance company about the truck accident.
- Hire a knowledgeable truck accident attorney to help negotiate a fair settlement with the insurance carrier or file an injury or wrongful death lawsuit.
As time passes, those involved in the truck accident can easily forget important details and information. Therefore, it is always advisable that you act sooner rather than later.
Work With Knowledgeable Attorneys
Getting hurt in a truck accident or losing a family member can be a tragic and overwhelming experience. Such an accident can affect you financially, physically, and emotionally. However, you don't have to go through it alone. Retaining a knowledgeable personal injury law firm is imperative to protect your rights and help pursue your rightful compensation.
At Grossman Green PLLC, our attorneys have dedicated their careers to fighting for and protecting the rights of truck accident victims and their loved ones. As your legal counsel, we can:
- Fight to protect your rights and represent your best interests
- Review and investigate the details of your case
- Gather all required pieces of evidence, information, and documentation
- Work to prove fault and establish liability
- Determine the full impact of your injuries and estimate case value
- Handle all communications with the insurer to allow you to recover
- Pursue a fair settlement with the insurance company
- File a personal injury or wrongful death lawsuit, if applicable
Our attorneys will fight to ensure the people responsible are held accountable. We will help pursue fair financial compensation to cover outstanding medical expenses, lost income, funeral expenses, burial expenses, and loss of consortium. Our team will offer you the experienced legal guidance and compassionate representation you need in your personal injury or wrongful death lawsuit.