A truck accident is not a standard car claim. A dense web of federal safety regulations governs a truck accident. Often a truck accident involves multiple corporate entities, and require a level of forensic investigation that typical insurance adjusters often overlook. Because the stakes are significantly higher, so is the need for clarity. Therefore, I have compiled these frequently asked questions to help you understand the critical differences in trucking law, from preservation of evidence to determining corporate liability across state lines.  

Evidence

What is the “Black Box” and why does it matter?

Formally known as the Electronic Control Module (ECM) or Airbag Control Module (ACM), this device records critical data such as speed, braking, and engine performance at the time of impact. I coordinate with certified experts to download and preserve this data before it is lost.  

How do federal “Hours of Service” (HOS) rules affect my case? Federal law (49 CFR 395) strictly limits how long a driver can be on the road without rest. Violations are a major cause of driver fatigue. We demand the driver’s Electronic Logging Device (ELD) data to prove if these safety rules were ignored.

What is a “Preservation Letter”?

This is a formal legal demand sent to the trucking company to “freeze” all digital and physical evidence, including GPS tracking data, driver personnel files, and maintenance logs. It places the company under an affirmative duty to stop any routine destruction of documents.  

What specific records do you pull from a trucking company?

 I demand the complete Driver Qualification File (49 CFR 391.51), maintenance records for the specific tractor and trailer (49 CFR 396.3), and any in-cab communication such as cell phone logs or drive-cam footage.  

Can you sue the truck manufacturer for a defect?

Yes, if a defective part, such as a tire blowout or brake failure, contributed to the crash, we investigate potential product liability claims against the manufacturer.  

Investigation

Liability & Legal Claims

Who is liable for a truck accident in Louisville?

Multiple parties share liability. Under the rule of vicarious liability, the trucking company is typically responsible for the negligence of its employees. We also investigate third-party cargo loaders and parts manufacturers for defects. Depending on the facts, liability may involve the trucking company, an employer, a contractor, a vehicle owner, or others involved in maintenance or loading. Determining responsibility requires examining records, contracts, and compliance with safety rules.

Are truck accident injuries usually more serious?

Truck accidents frequently result in serious or catastrophic injuries due to the size and weight of commercial vehicles. Common injuries include traumatic brain injury, spinal cord injury, fractures requiring surgery, internal organ damage, permanent impairment, and fatal injuries. These cases often involve long-term medical care and lasting effects.

How long does a truck accident case take?

Truck accident cases often take 12–24 months or longer. The timeline depends on medical treatment, the complexity of liability issues, and whether the case proceeds to court. Taking the time necessary to fully understand the injury and evidence is often essential.

What is the deadline to file a truck accident claim?

In Kentucky, you generally have two years from the date of the accident or the last PIP payment. However, the physical evidence, like tire treads and electronic logs, can disappear in days. Early intervention is critical.

What if I was partially at fault for the accident?

Kentucky is a “pure comparative negligence” state. You can still recover damages even if you are partially responsible, though your final compensation will be reduced by your percentage of fault.

Is there more insurance coverage in truck accident cases?

Commercial trucking cases often involve higher insurance limits than standard auto policies, but coverage depends on the parties involved and the specific circumstances of the crash. Identifying all available insurance coverage is a critical part of evaluating a truck accident case.

Contact a Lawyer

Should I speak with the trucking company’s insurer?

It is generally best to be cautious when communicating with trucking company insurers or investigators. Statements may be recorded and used to limit or deny claims. Obtaining legal guidance early can help protect your interests and preserve evidence.

What if the truck accident caused a death?

Fatal truck accidents may give rise to wrongful death claims, which are distinct from personal injury cases and governed by state law. These claims involve specific beneficiaries and damages and require careful handling. Early legal review is important to protect the family’s rights.

What should I do after a serious truck accident?

Medical care should be the priority. Documentation of injuries, treatment, and symptoms matters. Preserving evidence and obtaining an early, jurisdiction-specific case review can help determine whether the case is appropriate to pursue and how it should be handled.

How much is my 18-wheeler accident case worth?

Case value is determined by medical expenses, lost future earnings, and permanent impairment. Because commercial policies have higher limits, I focus on securing the maximum compensation needed for lifelong care.

Still have questions about your specific situation?

I offer an honest, no pressure case review for families in Kentucky and Indiana. The goal is clarity, not a sales pitch.