What to Do After a Semi-Truck Accident in Kentucky (Not Your Fault)

What to Do After a Semi-Truck Accident in Kentucky (Not Your Fault)

Quick answer (first 60 minutes)

• Call 911 and get medical care—adrenaline hides injuries.

• Move to safety; turn on hazards.

• Document the scene: photos/video of vehicles, lane lines, debris, skid marks, lighting/weather, and any triangle/flare placement.

• Capture truck identifiers: carrier name, USDOT/MC numbers on the cab/trailer, plate numbers, trailer type.

• Get witnesses (names, phones) + responding agencies.

• Avoid recorded statements until you understand your rights.

• Preserve evidence: save dash-cam files/phone photos; keep damaged items.

Kentucky law basics that affect your claim

• PIP/No-Fault (BRB): Kentucky’s Motor Vehicle Reparations Act generally provides Basic Reparation Benefits (PIP) (often $10,000 minimum) for medical/wage losses, regardless of fault. Kentucky is a choice no-fault state; some drivers file a written rejection. 

• When you can sue for pain & suffering: If you did not reject no-fault, you may bring a liability claim for non-economic damages when you meet the statutory threshold (e.g., $1,000 in medical expenses, a broken bone, permanent disfigurement, permanent injury, or death). 

• Deadlines (limitations): Injury claims from motor-vehicle accidents are generally due within two years (timing can run from the injury/“loss” or the last PIP payment). Wrongful-death and property-damage timelines can differ—don’t wait. 

• Comparative fault: Kentucky allocates fault among all parties; your recovery is reduced by your percentage of fault (pure comparative negligence). 

None of the above is legal advice. Statutes and contract deadlines (e.g., UM/UIM notice) can be shorter—check your policy and act promptly. Recent Kentucky decisions have enforced two-year contractual UIM limits in some policies. 

Step-by-step after a Kentucky semi-truck crash (you’re not at fault)

1) Get medical care and create a record

Even “minor” collisions cause delayed pain. Follow-up visits, imaging, and treatment plans create the medical documentation your claim needs.

2) Gather the truck’s identity

Photograph the carrier name, door placards, USDOT/MC numbers, license plates, trailer numbers, and any broker/shipper labels on bills of lading. These help identify all potentially responsible parties (driver, motor carrier, maintenance contractor, shipper/broker).

3) Capture evidence of

safety compliance

Note whether the truck used warning triangles/flashers if stopped, and grab photos showing lighting, sight distance, lane markings, and weather. These facts matter for liability and defenses.

4) Protect critical digital evidence

Commercial carriers operate under federal safety rules. Evidence can include:

• HOS logs and ELD data (hours-of-service)

• ECM/“black box” speed/braking

• Maintenance/inspection records

• Cargo securement info (if load shift suspected)

  Request that the carrier preserve these immediately (your lawyer can send spoliation letters). HOS rules live in 49 CFR Part 395; non-compliance can be central in truck cases. 

5) Use your PIP/BRB benefits (even if not at fault)

PIP can help with early medical bills/wage loss while fault is sorted out. It does not prevent you from pursuing a claim against the at-fault parties once thresholds or exceptions apply. 

6) Notify your insurer—carefully

Report the crash, but avoid recorded statements or broad medical authorizations until you’ve spoken with counsel. Statements can be used to minimize claims.

7) Call a truck-focused attorney

Serious truck cases move fast: trucks get repaired, data overwritten, and witnesses disappear. A legal team can coordinate experts, preserve evidence, and prevent mistakes.

Who may be liable in a Kentucky semi-truck crash?

• Truck driver & motor carrier (training, supervision, HOS, maintenance)

• Trailer/tractor owner (if different from carrier)

• Maintenance contractor (negligent repairs)

• Broker/shipper (in narrow circumstances tied to control/cargo issues)

• Other motorists (multi-vehicle chain reactions)

Kentucky’s apportionment statute allows the jury to assign fault percentages across multiple defendants. 

FAQs

Is Kentucky “no-fault,” and do I still have a case if I didn’t cause the crash?

Kentucky is choice no-fault. You typically access PIP/BRB first; you can still pursue a claim against the at-fault parties if you meet a statutory threshold or if you rejected no-fault. 

How long do I have to file a truck-injury claim in Kentucky?

Generally two years under the MVRA, sometimes measured from the date of last PIP payment. Don’t delay—other deadlines (wrongful death, UM/UIM contract limits) can differ. 

What federal rules could matter in my case?

Hours-of-Service (49 CFR Part 395) and related FMCSA safety rules (maintenance, equipment, cargo) are frequently examined after crashes. 

What if the trucking company blames me?

Kentucky uses pure comparative fault—your compensation is reduced by your share, but you can still recover from others who share blame. 

Where can I see Kentucky crash data?

See the Kentucky Office of Highway Safety dashboards and reports for statewide trends. 

Helpful checklist (save/share)

• Photos/video of the scene (vehicles, lanes, triangles/flashers, weather)

• USDOT/MC numbers + carrier info

• Witness names/phones

• Medical visits and receipts

• Your insurer notified (no recorded statement yet)

• Preservation letter sent for ELD/ECM, maintenance, and camera data

How Morrin Law Office can help

Morrin Law Office represents Kentuckians injured in semi-truck and commercial-vehicle crashes statewide (I-64, I-71, I-75 corridors). We help you: preserve critical evidence, coordinate medical documentation, and hold all responsible parties accountable—in plain English and with timely updates.

Contact Morrin Law Office

Phone: (859) 358-0300 · Website: morrinlawoffice.com · Office: 214 W Main St, Richmond, KY 40475

Serving clients across Kentucky.

Disclaimer

This article provides general information based on publicly available sources and Kentucky law. It is not legal advice and not a solicitation. Laws can change, and deadlines vary—speak with a licensed Kentucky attorney about your situation.