Who Can Be Held Liable in a Kentucky Truck Accident Case?
Truck accidents are quite common in Kentucky. These accidents often result in severe injuries, substantial medical bills, property damage, and emotional distress. After such an accident, determining who is liable is vital for securing the compensation you deserve.
So, who can be held liable in a Kentucky truck accident case? The answer to this question is not always straightforward, as truck accident cases often involve multiple parties. Below, we look at some of the different parties that may be liable in a Kentucky truck accident case.
- The Truck Driver
In many cases, the first person to look at after a truck accident is the truck driver. In Kentucky, truck drivers have a legal obligation to operate their vehicles safely and follow state and federal regulations. Failure to do so can result in liability if an accident occurs. A truck driver may be held liable for several reasons, including;
- Speeding or reckless driving
- Driving while distracted
- Driving while under the influence of drugs or alcohol
- Driving while fatigued
- The Trucking Company
The trucking company is another party that may be held liable after a Kentucky truck accident. The trucking company may be held liable under the principle of “respondeat superior.” According to this legal principle, an employer may be held liable for the negligent actions of its employees.
Trucking companies can also be held liable for direct negligence. Actions that might result in direct liability include;
- Hiring unqualified or unsafe drivers
- Breaking or ignoring safety regulations
- Failure to train drivers
- Poor truck maintenance
- The Truck Manufacturer
Truck accidents sometimes happen due to mechanical failures, such as steering issues, faulty brakes, and tire blowouts. In such cases, if the truck manufacturer is to blame for the defect, they could be held liable, at least partially. Knowing that a vehicle part is defective and failing to recall it constitutes negligence.
- The Cargo Loading Company
Improperly loaded or unsecured cargo is a common cause of truck accidents in Kentucky. Such cargo can affect a truck’s stability and performance. If a trucking company contracts a third-party loading company, and the contractor fails to secure freight correctly and safely as per the Federal Motor Carrier Safety Administration (FMCSA) regulations, the company may be held liable for any resulting accident.
- Maintenance Company
If a trucking company hires an outside contractor to handle truck maintenance and repairs, and the contractor does poor work, they may be held liable (at least partially) if their poor work causes an accident.
Comparative Negligence in Kentucky
Kentucky follows the pure comparative negligence rule codified in KRS § 411.182. Under this law, multiple parties can share liability in a personal injury claim, including in a truck accident case. Even you, as the plaintiff, can share some percentage of fault. However, that cannot prevent you from recovering compensation. Instead, your compensation will be diminished based on your share of fault.
How To Determine Liability in a Kentucky Truck Accident Case
Determining liability after a Kentucky truck accident requires a thorough investigation. An experienced attorney can help review.
- Police reports
- Witness statements
- Maintenance records
- Driver logs
- Black box data
…and other forms of evidence to determine who is liable for your accident. A skilled truck accident attorney can help you fight for the compensation you deserve.
Contact Us for Legal Help
If you’ve been in a Kentucky truck accident, contact our skilled London and Southeast Kentucky truck accident attorneys at Cessna & George Law Firm for help determining liability and fighting for the compensation you deserve.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=17782
