How Kentucky Law Protects Victims of Commercial Truck Accidents

The short version

Kentucky’s no-fault system (MVRA) helps pay early medical bills, but it doesn’t trap you there. You can step outside no-fault and pursue a claim against a negligent truck driver/company when certain thresholds are met (or if you’ve rejected no-fault). Kentucky then applies comparative fault, which lets a jury divide responsibility among all at-fault parties.

When you can step outside no-fault (MVRA thresholds)

Under KRS 304.39-060, an injured person may pursue tort claims (pain and suffering, full damages) if they meet Kentucky’s “tort thresholds,” including (paraphrasing the statute):

• Medical expenses that meet or exceed the statutory dollar threshold, or

• Specific injuries such as permanent disfigurement, fracture, permanent loss of bodily function, or death.
  Those who formally rejected no-fault can also sue without meeting thresholds. Always check the exact statutory language for your facts.

Why this matters in truck cases: Commercial crashes often involve serious injuries that meet thresholds quickly—unlocking the right to pursue full tort damages from the trucking company and any other responsible entities.

Who you can hold responsible

• Truck driver (negligent driving).

• Motor carrier/employer under respondeat superior when the driver was within the scope of employment.

• Direct company negligence (negligent hiring/entrustment/supervision; unsafe dispatch; poor maintenance—CMV maintenance duties appear in 49 CFR Part 396).

• Other actors when evidence supports it: maintenance contractors, shippers/brokers (in narrow circumstances), parts manufacturers (defects), or government entities for dangerous road conditions (special rules apply).

Kentucky’s comparative fault statute instructs courts/juries to apportion fault among all responsible parties; your award may be reduced by your share of responsibility.

Key deadlines (don’t wait)

Motor-vehicle injury claims tied to Kentucky’s MVRA have strict limitation periods. In many situations, you must file within two years of the later of your injury-related “loss” or last PIP payment; different rules apply for death claims and other scenarios—read the statute carefully and get case-specific advice.

For fatal crashes, Kentucky’s wrongful death statute authorizes a claim brought by the personal representative; punitive damages may be available for willful or gross negligence, subject to Kentucky law.

Extra protections unique to commercial trucks

If the vehicle qualifies as a commercial motor vehicle (CMV), federal safety rules can bolster your proof:

• Texting/handheld phone bans for CMV drivers (49 CFR 392.80/392.82).

• Hours-of-Service (HOS) fatigue limits and electronic logs (49 CFR Part 395).

• Inspection/maintenance duties (49 CFR Part 396).

These rules create paper and digital trails (ELD logs, ECM/EDR “black box,” inspections) that often clarify what happened.

What to do next (practical, step-by-step)

• Medical first. Get care and follow your treatment plan; keep all records.

• Lock down the identifiers. Photograph door markings (legal name + any USDOT/MC), trailer/unit IDs, plates. Branding ≠ legal carrier.

• Request the report. Use the KSP Civilian Collision Reports portal to obtain your official report when available.

• Preserve the data. Ask for preservation of dash-cam, ECM/EDR, HOS/ELD, and maintenance records; these can overwrite quickly (see Parts 395/396 above).

• Mind the deadlines. Diary the MVRA limitation rules (see KRS 304.39-230).

FAQs

Do I have to meet a dollar threshold before I can sue?

Usually yes under KRS 304.39-060, unless you suffered one of the listed serious injuries or you rejected no-fault.

—

If I was partly at fault, do I lose my case?

Not automatically. Kentucky uses comparative fault—your recovery can be reduced by your percentage of fault.

—

What’s the time limit for filing?

MVRA-related claims have strict timelines (often two years measured from loss/PIP). Read KRS 304.39-230 and get case-specific advice.

—

Are there special rules for truckers?

Yes—phone use bans, HOS limits, and maintenance rules apply to CMVs and can supply powerful evidence.

—

What about a fatal crash?

Kentucky’s wrongful death statute governs and requires filing by the personal representative; punitive damages may be available in certain cases.

How Morrin Law Office helps (educational)

We help Kentuckians after serious commercial-vehicle crashes statewide. Our team moves fast to preserve electronic evidence, identify every responsible party, and explain your options in plain English while you focus on healing.

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

Sources

• No-fault thresholds / rejection: KRS 304.39-060 (official statute). Legislature Kentucky

• Comparative fault: KRS 411.182 (official statute). Legislature Kentucky

• Limitations (MVRA): KRS 304.39-230 (official statute). Legislature Kentucky

• Wrongful death: KRS 411.130 (official statute). Legislature Kentucky

• CMV texting/handheld bans: 49 CFR 392.80/392.82 (eCFR/LII). eCFR+1

• Hours-of-Service: 49 CFR Part 395 (eCFR). Legislature Kentucky

• Inspection & maintenance: 49 CFR Part 396 (eCFR). Justia

Disclaimer

This article 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.