Accidents involving large commercial trucks can be devastating due to the size and weight of these vehicles. In Kentucky, highways such as I-64 and I-75 see frequent truck traffic, increasing the likelihood of collisions. If you find yourself in such an accident, knowing and understanding the steps to take will protect your health, rights, and financial well-being. This guide provides a detailed overview of what to do following a truck accident in Kentucky.

1. Ensure Safety and Seek Medical Attention

The aftermath of a truck accident is overwhelming. Start by checking yourself and others for injuries. Given the force of impact in truck collisions, injuries can be serious, even if symptoms aren’t immediately apparent. Kentucky law (KRS § 189.580) requires that drivers involved in accidents stop at the scene and render aid if possible.

• Call 911 – Reporting the accident ensures that law enforcement and emergency responders arrive to secure the scene and provide medical assistance.
• Seek medical attention – Even if you feel fine, adrenaline can mask injuries. Internal bleeding, concussions, and whiplash are common in truck accidents but may not be immediately apparent.
• Move to a safe location – If the vehicle is in a hazardous position, move to the roadside if it is safe to do so.

2. Contact Law Enforcement and Obtain a Police Report

In Kentucky, reporting an accident is legally required if there is injury, death, or property damage exceeding $500. The police report acts as an important piece of evidence for your insurance claim and potential lawsuit.

• Obtain the officer’s name and badge number – This will help in case you need to request a copy of the report later.
• Ask how to obtain the report – In Kentucky, crash reports are typically available through the Kentucky State Police or local law enforcement agencies.
• Avoid making statements that imply fault – Stick to the facts when speaking with officers. Admitting fault prematurely usually will harm your claim.

3. Gather Evidence at the Scene

Truck accident claims often hinge on strong evidence. If possible, collect the following information:

• Photographs and videos – Get images and videos of vehicle damage, skid marks, road conditions, traffic signals, and any visible injuries.
• Witness contact information – Statements from unbiased witnesses can support your version of events.
• Truck driver details – Request the driver’s name, employer, insurance provider, and U.S. Department of Transportation (USDOT) number.
• Black box data and dashcam footage – Commercial trucks are often equipped with event data recorders that store crucial crash information. This data can be requested during the legal process.

4. Exchange Information With Other Parties

Exchange details with all parties involved, including the truck driver, any passengers, and other motorists. Obtain:

• Names, addresses, and phone numbers
• Insurance company details
• License plate numbers and vehicle descriptions

It is important to remain calm and cooperative, but avoid discussing fault or making statements that could be used against you.

5. Notify Your Insurance Company

Kentucky operates under a no-fault insurance system, which means your Personal Injury Protection (PIP) coverage will cover initial medical costs and lost wages, regardless of who is at fault. However, if your injuries exceed the serious injury threshold, you can file a claim against the at-fault driver's insurance.

• Report the accident as soon as possible – Delaying a report can result in complications or claim denials.
• Stick to the facts – Provide only the necessary details and avoid speculation.
• Be cautious with recorded statements – Insurance adjusters often attempt to minimize your payout. It is advisable to consult an attorney before providing a statement.

6. Consult a Truck Accident Attorney

Truck accident claims are complex because multiple parties are involved, including the truck driver, trucking company, and third-party contractors. Hiring an experienced truck accident attorney in Kentucky can help navigate:

• Liability disputes – Determining fault can be hard due to trucking industry regulations and employer responsibility.
• Federal and state trucking laws – Trucking companies must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations, including hours-of-service limits and vehicle maintenance requirements.
• Maximizing compensation – Legal representation can help secure damages for medical bills, lost wages, property damage, and pain and suffering.

7. Understand Kentucky’s Truck Accident Laws

Kentucky operates under pure comparative negligence (KRS § 411.182), meaning that even if you are partially at fault, you may nbe able to recover damages. However, your compensation is lowered by your percentage of fault.

• Statute of limitations – In Kentucky, you have two years from the accident date or the last PIP payment to file a personal injury claim.
• Vicarious liability – Under respondeat superior laws, trucking companies are accountable for their drivers' actions.

Understanding these legal principles is important when seeking fair compensation.

8. Keep Detailed Records

After the accident, maintain a file with all relevant documents, including:

• Medical records and bills
• Repair estimates and vehicle damage assessments
• Correspondence with insurance companies
• Lost wage documentation

These records serve as evidence when negotiating a settlement or presenting a case in court.

9. Be Cautious of Early Settlement Offers

Insurance companies may offer quick settlements that fail to cover long-term medical expenses and losses. Before accepting any settlement:

• Assess the full extent of your injuries – Some conditions, such as spinal injuries, require long-term care.
• Consult an attorney – An experienced lawyer can decide whether the offer is fair and negotiate for a better outcome.

Once you accept a settlement, you forfeit your right to go after further compensation—making it essential to ensure the offer is adequate.

10. File a Lawsuit if Necessary

If settlement negotiations do not result in fair compensation, filing a lawsuit may be the next step. A legal claim can seek damages beyond what insurance covers, including punitive damages in cases of gross negligence. Kentucky courts have awarded punitive damages in cases where reckless behavior, such as fatigued driving or improper truck maintenance, led to serious harm.

Conclusion

Being in a truck accident in Kentucky can be overwhelming, but taking the right steps is essential for safeguarding your health and financial recovery. Seeking medical care, gathering evidence, notifying insurance, and consulting with an attorney are essential actions that can impact the outcome of your case. Given the complexities of truck accident claims, legal guidance can help ensure fair compensation and accountability. If you or a loved one has been affected by a truck accident, understanding your rights and available legal options is key to securing the best possible outcome.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky truck accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.