Company Vehicle Accidents in Kentucky Manufacturing: Who Pays for Injuries?

Why these crashes are different

When a factory-owned pickup, box truck, forklift on a public road, or company delivery van causes a crash, your claim often involves employer responsibility (respondeat superior), commercial insurance, and sometimes federal motor-carrier rules if the vehicle qualifies as a CMV. Kentucky also uses comparative fault, which means responsibility can be split among several people and companies based on the evidence. 

Who can be held responsible?

1) The employer (respondeat superior)

If an employee causes a crash within the scope of employment, the employer is generally vicariously liable for the harm. Kentucky courts apply familiar agency principles and control-based tests; branding or logos alone aren’t automatically enough, but actual control and the employment relationship matter. (Franchise/branding issues in Kentucky have turned on control—see Papa John’s v. McCoy.) 

2) The driver (personal negligence)

The individual driver can be liable for unsafe driving (speeding, distraction, etc.). If federal safety rules apply (CMV), violations like texting/handheld phone bans (49 CFR 392.80, 392.82) and Hours-of-Service (49 CFR Part 395) may be relevant to fault. 

3) The company for negligent entrustment/hiring/supervision

Separate from vicarious liability, a company may be directly liable if it hired an unsafe driver, ignored red flags, or put a defective vehicle on the road (maintenance/inspection duties are regulated for CMVs under 49 CFR Part 396). 

4) Independent contractor or employee?

“Independent contractor” labels don’t control; right-to-control factors do. Kentucky agencies and courts assess multi-factor tests focusing on control, integration into the business, and similar elements. Expect disputes here—especially with third-party logistics and plant suppliers. 

Bottom line: We investigate who controlled the work, what policies applied, and which insurance covers the loss.

What insurance applies in company-vehicle crashes?

• Commercial auto liability: Company vehicles usually carry higher limits than personal policies. If the vehicle is a commercial motor vehicle in interstate commerce, federal minimums often apply (e.g., $750,000 for most non-hazmat freight; higher for certain hazardous cargo). 

• MCS-90 endorsement: Certain regulated motor carriers must carry an MCS-90 endorsement, which functions as a safety-net ensuring federally mandated financial responsibility toward the public. (It’s complex—and not a stand-in for insurance for every scenario—but it’s often part of the picture in CMV cases.) 

• Kentucky no-fault (PIP/BRB): For Kentucky crashes, Basic Reparation Benefits (PIP) can help with early medical/wage loss. The MVRA is codified at KRS 304.39; timelines are strict. 

Key Kentucky rules that affect your timeline and recovery

• Comparative fault: Kentucky juries apportion fault among all responsible parties; your recovery can be reduced by your share of fault (KRS 411.182). 

• Motor-vehicle limitations: Many auto-injury claims have a two-year limitations period that interacts with PIP (see KRS 304.39-230). Don’t assume you have plenty of time—ask for advice early. 

• If the injured person is the company’s employee: Workers’ compensation is often the exclusive remedy against the employer (KRS 342.690), but third-party claims (e.g., against another driver or separate contractor) may still be viable. 

• Leased/rental vehicles (Graves Amendment): If the “company vehicle” is a rental or lease, federal law (49 U.S.C. §30106) generally shields the rental/lessor from vicarious liability absent their own negligence (e.g., negligent maintenance). 

What to do after a company-vehicle crash (practical steps)

• Medical care first — get checked and follow your treatment plan.

• Document identifiers — photograph the company name and USDOT/MC number on doors, the unit/trailer ID, and license plates. (If it’s a CMV, we’ll request ELD/HOS, ECM/EDR, and dash-cam data.) 

• Save what you can — scene photos (lane lines, debris, visibility), tow/cleanup invoices, and the police case number.

• Don’t guess fault on recorded calls — exchange basics; let evidence speak.

• Ask for help — preserving digital evidence quickly can change outcomes.

Evidence to save (checklist)

• Police report & any diagram / reconstruction

• ECM/EDR (“black box”) download, ELD/HOS logs, maintenance/inspection files (Part 395 & 396) 

• Dash-cam/CCTV (driver-facing & road-facing) and traffic/incident camera footage

• Employment/dispatch: who assigned the route, schedule, and load; policies on cell-phone use (392.80/.82) 

• Medical documentation: ER notes, imaging, work restrictions, bills, mileage

FAQs

Who pays after a company vehicle accident in Kentucky?

Potentially the employer (if the driver was on the job), the driver, and—if applicable—other negligent parties. Kentucky apportions fault among responsible parties (KRS 411.182). 

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What if the “company driver” was really a contractor?

Labels don’t control—right-to-control factors do. We look at who directed the work, whose rules applied, whose equipment was used, and whether the task was integral to the business. 

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Are there special rules for semi-trucks?

Yes. CMV cases may involve federal safety regs (device use bans, HOS, maintenance) and higher minimum liability limits under 49 CFR Part 387.9. 

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How long do I have to file?

Motor-vehicle claims often face a two-year deadline tied to the MVRA (KRS 304.39-230). Different timelines can apply—ask early. 

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If I’m the company’s employee, can I sue my employer?

Usually workers’ comp is the exclusive remedy (KRS 342.690), but you can often pursue third-party claims against others who contributed to the crash. 

How Morrin Law Office helps

We represent Kentuckians hurt by factory and company vehicles statewide. We move fast to preserve digital evidence (ELD/ECM/video), map employment vs contractor relationships, and explain your options in plain English while you focus on recovery.

Contact Morrin Law Office — (859) 358-0300 • morrinlawoffice.com • 214 W Main St, Richmond, KY 40475

Serving clients across Kentucky.

Disclaimer

This post 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.