If you’re reading this right after a crash
You don’t have to “be strong” or figure everything out today. Take one small step, then the next. This guide is written the way we would walk a close friend through the first chaotic days — calmly, in order, and in plain English. Use what helps; skip what doesn’t. It’s general information, not legal advice.
Important ethics note: Please do not contact crash victims or families because of anything you read here. This exists to help families who are seeking information for themselves.
⸻
0–72 Hours: Your immediate playbook
1) Take care of people first
•Say yes to medical care. Adrenaline hides injuries. Keep every discharge paper, imaging CD, prescription, and doctor’s instruction sheet.
2) Capture basics (only if safe and feasible)
•Photos of vehicle positions, lane lines, debris, skid marks, weather/lighting.
•If a tractor-trailer is involved: a quick photo of the tractor doors (shows carrier name + USDOT #) and the trailer ID/plate.
•Where the vehicles are going (tow yard/body shop). Ask that nothing be repaired yet.
3) Get the incident number & agency
•Ask the officer: “What’s the case/report number and which agency is primary?”
• KSP Post finder (example for Post 8 / Morehead): https://www.kentuckystatepolice.ky.gov/post8
• KSP Civilian Collision Reports (BuyCrash portal): https://www.kentuckystatepolice.ky.gov/civilian-collision-reports
• Example local portal (Georgetown PD): https://www.georgetownky.gov/2454/Collision-Reports
• If no officer investigated a property-damage crash, Kentucky may require an online civilian report within 10 days. LMPD’s “Report an Accident” explains the same online process: https://www.lmpd.gov/337/Report-an-Accident
4) Put important video/data on hold ASAP
•Ask that nearby traffic/incident cameras be retained (footage often auto-deletes).
•For the truck: request preservation of ECM/EDR (“black box”), ELD/HOS logs, and dash-cam (driver-facing and road-facing) video.
•KSP Open Records requests: https://www.kentuckystatepolice.ky.gov/open-records-requests
•Body-worn camera disclosure standards: KRS 61.168
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52953
⸻
A simple week-by-week roadmap
Week 1: Stabilize and lock down the evidence
•Medical: Make follow-up appointments. Start a symptom journal (pain levels, sleep, memory, triggers).
•Vehicles: Ask the tow yard or insurer to hold the vehicle (no early destruction).
•Records to request now:
•Police crash report + any preliminary diagram.
•911 audio/CAD timestamps.
•Tow/cleanup invoices (document lane closures, timing, responders).
•If there was a death: consider opening probate so a Personal Representative (PR) can be appointed; a PR is usually needed to request certain records and pursue claims.
• Kentucky Court of Justice Probate Guide (includes the ~60-day inventory duty):
https://www.kycourts.gov/Legal-Help/Documents/probateguide.pdf
Weeks 2–4: Paper trails, benefits, and family logistics
•PIP/BRB (no-fault) basics: Under the MVRA, many Kentucky policies include Basic Reparation Benefits (PIP) that help early with medical/wage loss, regardless of fault.
• Definitions (KRS 304.39): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48634
• Limitations (KRS 304.39-230): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45816
•Wrongful-death timing & PR appointment: Kentucky has specific timing rules. One key statute many families hear about is KRS 413.180(1) (often discussed as “one year from PR qualification” in some circumstances). You still need case-specific advice.
• https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17874
•Social Security benefits:
• Survivors benefits overview: https://www.ssa.gov/survivor • Eligibility: https://www.ssa.gov/survivor/eligibility
• SSDI/SSI after disabling injury: https://www.ssa.gov/disability/disability.html • Apply: https://www.ssa.gov/applyfordisability/index.htm
•If your loved one can’t make decisions:
• Guardianship/Conservatorship (KRS Chapter 387 index): https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39181
• CHFS Public Guardianship program: https://www.chfs.ky.gov/agencies/dcbs/dgs/Pages/default.aspx
Months 2–3: Build the record that proves what happened
•Commercial-carrier compliance checks (once you know the carrier):
• No texting/handheld for CMV drivers — 49 CFR 392.80 and 392.82
• Hours of Service (HOS) & ELD — 49 CFR Part 395 (eCFR) + FMCSA overviews
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395
https://www.fmcsa.dot.gov/regulations/hours-of-service
https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-devices
• Inspection/Maintenance — 49 CFR Part 396 (eCFR & LII)
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-396
https://www.law.cornell.edu/cfr/text/49/part-396
•Comparative fault (how KY allocates responsibility): KRS 411.182
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17782
•If crime is suspected (e.g., DUI): Kentucky Crime Victims Compensation (limited, payer-of-last-resort):
https://kycc.ky.gov/CVOnline/home • Overview: https://kycc.ky.gov/newstatic_info.aspx?static_id=158
⸻
“What should we actually say?” (Mini-scripts)
With your insurer (opening the claim):
“Here are the basics for the claim file. We’ll send bills for PIP/BRB. Please email the claim number, your full contact info, and where to send records. We’re not giving a recorded statement today.”
With the tow yard:
“Please hold the vehicle as evidence. Do not authorize repairs or disposal. We’ll coordinate inspection.”
With the hospital or clinic:
“Please provide an after-visit summary and work/school excuse. We’re tracking all appointments, travel, and out-of-pocket costs.”
⸻
Records & Evidence Checklist (print/save)
•Police: crash report; preliminary diagram; CAD/911 audio timestamps; any body-cam/traffic-cam if available (request via Open Records: https://www.kentuckystatepolice.ky.gov/open-records-requests)
•Commercial truck: ECM/EDR download, ELD/HOS logs, driver qualification file, maintenance/inspection records, dispatch/communications. (See 49 CFR Part 395 & Part 396 above.)
•Scene: lane lines, skid marks, debris field, warning devices (cones/triangles/arrow boards), weather/light, sight distance.
•Medical: ER notes, imaging, prescriptions, referrals, work restrictions, bills, mileage to appointments.
•Insurance: claim numbers, adjuster names/emails, a simple call log (“who/when/what we discussed”).
⸻
Two copy-ready templates you can use today
1) Evidence Preservation Letter (send to the motor carrier/insurer once identified)
Subject: Preservation of Evidence — [Date/Location of Crash], Claim #[if any]
To: Custodian of Records for [Motor Carrier Name, USDOT # if known]
Please preserve and retain all potentially relevant evidence, including the tractor and trailer (no repairs/alterations), ECM/EDR data, ELD/HOS logs, dash-cam (driver-facing and road-facing) video, dispatch/communications, maintenance/inspection files, and post-crash testing.
Suspend routine deletion/overwriting policies. We will coordinate lawful inspection/copies.
Signed: [Your name / Representative of the Estate] • [Contact info]
(Why this matters: electronic logs/cameras overwrite quickly; see 49 CFR Part 395/396.)
2) Insurance Call Notes / Script
•30-second facts: who, where, when, injuries.
•Ask for: claim number; adjuster’s full name/email; where to send PIP/BRB bills.
•Avoid: recorded statements or speculation (“I must have…” / “I guess I was…”).
•Confirm: “Please email written confirmation of coverage and the claim number.”
⸻
When decision-making help is needed (incapacity)
•Guardianship/conservatorship: Kentucky KRS Chapter 387 index:
https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39181
•Public guardianship (CHFS):
https://www.chfs.ky.gov/agencies/dcbs/dgs/Pages/default.aspx
•Advance directives / living will packets:
• Kentucky Attorney General (PDF): https://www.ag.ky.gov/AG%20Publications/livingwillpacket.pdf
• CHFS (PDF): https://www.chfs.ky.gov/agencies/dail/Documents/livingwill.pdf
⸻
FAQs (real questions families ask)
Is the truck company automatically at fault?
No. Kentucky uses comparative fault — each party’s share is weighed by evidence (driver behavior, speed, signal timing, visibility, maintenance). See KRS 411.182:
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17782
What if my loved one was partly at fault?
You may still recover; any award can be reduced by the percentage of fault assigned.
How fast do we need to act on wrongful death?
Timing is technical. One statute many families hear about is KRS 413.180(1) regarding time after a PR is appointed — but you need case-specific advice:
https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17874
Where do we get the official crash report?
Start with KSP Civilian Collision Reports (BuyCrash):
https://www.kentuckystatepolice.ky.gov/civilian-collision-reports
Can we see the trucker’s hours or phone use?
Potentially, with proper requests: HOS/ELD records (49 CFR Part 395) and device restrictions (392.80 / 392.82).
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395
⸻
How Morrin Law Office helps (educational)
We help Kentucky families stabilize, organize, and protect evidence after catastrophic truck crashes — on I-64, I-65, I-71, I-75, and rural corridors statewide. We:
•Explain options in plain English with a week-by-week plan.
•Move fast to preserve ELD/ECM data and video before it’s overwritten.
•Coordinate medical documentation and, when appropriate, work with qualified experts.
•Keep communications respectful and trauma-informed.
Contact Morrin Law Office
(859) 358-0300 • https://morrinlawoffice.com • 214 W Main St, Richmond, KY 40475
Serving clients statewide.
⸻
Legal & Ethics Disclaimer
This guide summarizes public information and general Kentucky law. It is not legal advice and not a solicitation. Do not contact crash victims or families based on this post. Laws change and facts vary; for specific guidance, consult a Kentucky-licensed attorney.
0 Comments