Truck Accident Personal Injury Claims in Kentucky

Long hours, with late nights that extend into the morning. Away from home for weeks at a time, often no bed but the one inside the cab of the truck itself. Penalized for late deliveries and incentivized for every mile. Piloting the largest and most dangerous vehicles on the road through any and all road conditions, combined with wide turns and notoriously massive blind spots. These factors, when added together, give rise to trucking accidents. Many motorists have likely witnessed truck accidents or the results of truck accidents in their own travels. And not a few of us have been involved in these accidents in some way or another, with an average of 500,000 police-reported crashes involving large trucks per year in America.

The most recent data provided by the FMCSA (see below) depicts just how common and severe truck accidents can be. As stated above, nearly half a million truck accidents occur in America per year, which averages out to about 1500 per day. Thankfully only about 1 percent of these crashes result in a fatality, (which is still about 150 per year, or one every two days), but approximately one quarter, or 25 percent of them, (about 125,000 per year) do result in injuries. Those which do not result in physical injury can still involve massive amounts of property damage, for which someone will have to cover the cost.

When a truck collision does occur, the damage will always be far more than a mere dent. The Fatality Analysis Report System, an NHTSA database which tracks fatal crashes, defines large trucks as those which weigh at least 10,000 pounds, and this weight really only concerns smaller trucks. A semi-truck towing an empty trailer is likely to weigh at least 25,000 pounds, while a fully loaded tractor trailer can weigh as much as 80,000 pounds, which is the federal limit without a special permit. For perspective, the average car weighs about 4,000 pounds, or two tons, SUV’s weighing closer to 6,000 and smaller compact cars weighing in at around 2,500 pounds. (The very compact “smart cars” occasionally seen on the roads weigh a paltry 1,500 pounds on average.) Clearly, a semi-truck can pulverize the average passenger vehicle, and those who walk away from the smaller vehicle unharmed are extremely lucky.     

Aside from the bare facts of size, semi-trucks, due to their mass, have far greater inertia and require longer stopping distances, meaning that even when the driver activates the air brakes, and even after a collision has begun to occur, the vehicle will take even longer to come to a complete stop. It’s commonly suggested that tractor trailers require about 525 feet, or nearly two football fields, to come to a complete stop when slowing down from a full average speed of 65 miles per hour. Passenger vehicles average around 300 feet. This discrepancy adds to the physical forces at play in truck accidents, and magnifies the possibility of damage. When impaired driving, inclement weather, and other external factors are also present, this increases the likelihood of severe outcomes.

All drivers of all vehicles are obligated to be aware that semi-trucks, due to their typical length of approximately 70 feet, with a driver positioned solely at the front left of the vehicle, have extremely large blind spots. These blind spots account for nearly the entire perimeter of the vehicle, extending out one lane to the left and two lanes to the right, and for significant distances in front and behind the vehicle. Along with very wide turns which usually require 55 feet of space, the entire area surrounding a semi-truck is a danger zone if navigated unwisely.  

Hazardous materials, or hazmat, can also be a concern. It may seem as though hazmat is a rare occurrence in truck accidents, but the statistics bear out that those crashes which do involve hazmat often enough involve the release or combustion of these materials as well. Hazmat can involve anything from dangerous gases which can either explode, ignite, or be harmful to inhale, to caustic, carcinogenic, or even simply slippery liquids and solids. Even normally innocuous items such as food products can become problematic if released with great force during a collision. 

Truck collisions will almost always involve the truck driver at the wheel, and like with most accidents, the driver can be a primary cause. Truck drivers often push themselves beyond their mental and physical limits in their efforts to reach their destination on time, resulting in driver fatigue, speeding, improper lane changing, or an increase in distracted driving. Even when a big rig is operated in a fully professional manner, weather conditions such as snow, ice, rain, or even heavy winds and storms can lead to an accident. Semi-trucks also must be loaded with exact specifications, and when those specifications are not adhered to, imbalances or loose loads can result. Also, there are numerous points of potential mechanical failure on a tractor trailer, all of which can lead to an accident.

To prevent driver fatigue, which is occasionally imposed either explicitly or implicitly by the trucking companies themselves, the FMCSA places strict limits on how long drivers can operate at a stretch. This lessens driver fatigue by requiring rest periods. Violations of these rules often occur in tandem with accidents.

The FMCSA also enforces regular maintenance and inspection for all carriers. Semi-trucks are truly operated like workhorses and experience wear-and-tear at a faster rate than other road vehicles. When these inspections and repairs aren’t performed promptly, brake failure, tire blowouts, and other mechanical issues can arise and be the sole cause of an accident. 

Cargo must be loaded securely, and at or below a specified weight, depending on the characteristics of the carrier. Improperly secured or imbalanced loads can lead rollovers and falling debris, along with difficulties in making simple maneuvers. When dealing with tens of thousands of pounds of cargo, in addition to the weight of the vehicle and trailer, stringent processes are non-negotiable. 

Of course, with such high stakes, drivers in Kentucky and throughout the country must be fully qualified to operate these vehicles. This goes without saying, but all semi-truck drivers are required to have a CDL in good standing. They also must pass background checks as well as medical screenings, to ensure that they are fit enough to meet the demands of their occupation.

After an accident has occurred, the question of liability quickly follows. Due to the nature of trucking, there are numerous parties involved in any large truck accident. There is of course the driver of the other vehicle, which itself could be another large truck or instead belong to a livery company, or simply be a passenger vehicle operated by a private citizen, all of which have different assignments of liability. The truck itself will include the truck driver, as well as the trucking company, and the cargo company, as well as any third parties such as those which conduct maintenance, as well as various component manufacturers. This concept of multiple parties potentially holding liability is common in truck accidents, and is something anyone who is involved in such an accident should be aware of.  

The Trucking Company

Aside from the drivers of the vehicles involved in the collision, the trucking company is one of the first parties to be held potentially liable for a truck accident. Companies may carry significantly greater liability than private entities, depending on the circumstances. There is always the burden of employer responsibility, and it is the employer who is responsible for hiring and training drivers to operate in a comprehensively safe way. Most importantly, it is also critical to ensure that no undue pressure has been placed on the driver by the trucking company, which is unfortunately all too common in the logistics industry.

The Trailer Owner or Cargo Company

The trailer owner can also be liable for reasons similar to that of the trucking company, namely placing unrealistic obligations for fast delivery. Additionally, cargo companies are often most responsible for the observation of proper loading and unloading procedures. It is not always the case that the cargo company and trucking company are under separate ownership, and therefore they will be treated as a singular entity, with shared liability. When they instead operate as separate entities, which is more common, this can lead to disputes and countersuits between the two parties, as both will have likely suffered extensive financial losses because of the collision. Such situations can be particularly fractious, as they threaten to weaken a previously established business partnership.  

Maintenance Contractors

Trucking and cargo companies most often use contracted labor for their maintenance needs, which can often introduce yet another party into legal battles resulting from collisions. There are so many moving mechanical parts on a tractor trailer, and the majority bear incredible physical forces. If any of these are neglected or poorly maintained, disaster can occur. As with many of these elements, negligence can go both ways, either on the part of the trucking company for not ordering the required maintenance, or the maintenance contractors themselves for performing shoddy service.

Manufacturers

Unlike passenger vehicles, tractor trailers operate solely for commercial purposes and are therefore run nearly constantly throughout their lifespans, with breaks only for mandated driver rest periods. Defective parts and components can wear down or simply be installed while already broken, unexpectedly and quickly leading to accidents, some catastrophic.

Kentucky is known as a “pure comparative fault” state, which means that in any auto accident liability will be potentially divided among all involved parties. As has been made plain, truck accidents can involve numerous parties, all of which could be considered liable to some extent, or not liable at all. As such, if a court rules, for example, that the trucking company in an accident was 50% liable, the cargo company was 25% liable, while the driver of the other vehicle assumed 25% of the liability, damages will be awarded accordingly, meaning each party is responsible only for their share of the fault.

Truck accidents are also set apart from other motor vehicle accidents by virtue of the data they are legally required to carry onboard at all times. Most of us are familiar with the idea of the “black box” which is investigated following airplane accidents, and know that quite often this black box holds the keys to what caused the crash, including what maneuvers were taken by the pilots, what warnings and alerts were displayed, and even what could have failed silently and led to the crash aside from pilot error. Many carriers are required to have a similar data recorder installed and running throughout the duration of their operation. This black box, similar to airplane terminology, refers to several components also known as the Electronic Control Module or ECM, Electronic Data Recorder or EDR, and Electronic Logging Device, or ELD. Speed, braking behaviors, driving hours, and more, can all be accessed via these devices. Many tractor trailers now come equipped with dashcams and GPS tracking as well. When combined with the various logs kept by the companies and drivers, as well as maintenance records, a very thorough picture of what may have led to the collision can be formed. Typical vehicle accident evidence such as eyewitness testimony, photos of skid marks and aftermath, and any medical documentation related to the events, is always helpful.

As with any accident, it is most important to document everything as thoroughly as possible. Depending on your role in the accident, this may be difficult if you yourself were injured or were required to act fast, as gathering or documenting evidence should then be lower on your list of priorities. However, when and if you or any other party has the opportunity, a full photographical overview of the accident is highly recommended. Tractor trailers are also required to have their USDOT number and company name easily visible, and these should be photographed and retained, along with any other relevant information. As always, it is best to consult a legal professional before speaking directly with insurance personnel.

All auto accident claims in the state of Kentucky carry a two-year statute of limitations, from the date of the accident, for filing. This may seem like a very long amount of time, but in such complex matters the discovery process can take considerably longer than anyone might expect. Recovering from injuries and then being able to psychologically face the ramifications of the accident can also lead to delays. If you feel you have the right to damages in a truck accident case, it is best to contact a legal professional as soon as possible to discuss the situation.

The damages incurred in a trucking accident can obviously be extremely substantial due to their scale and scope. These can include catastrophic injuries, long term care, pain and suffering, lost earning capacity, and, at worst, wrongful death.