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October 15, 2025

Who Can Be Sued After a Kentucky Commercial Truck Accident?

Morrin Law Office
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The big picture (in plain English)

Serious truck crashes rarely involve just one at-fault person. In Kentucky, responsibility can extend beyond the driver to the motor carrier (employer), contractors, maintenance shops, parts manufacturers, and sometimes government entities—depending on the evidence. Kentucky also uses comparative fault, which means a jury can divide responsibility among everyone who contributed to the crash (your compensation is reduced by your share of fault).

This article is educational, not legal advice. Facts matter. If something below doesn’t match your situation, that’s normal—every case is different.


Who can be held responsible (and why)

1) The truck driver

For unsafe driving: speeding, distraction, following too closely, improper lane changes, signal violations, fatigue, or impairment. In many cases involving commercial motor vehicles (CMVs), federal rules may be relevant (e.g., bans on texting/handheld phone use; Hours-of-Service limits; inspection/maintenance duties).

2) The motor carrier/employer (respondeat superior)

When a driver causes harm within the course and scope of employment, the employer is typically vicariously liable. If the crash involves a contractor (common with delivery fleets), liability depends on the right-to-control facts—not just the label “contractor.”

3) Direct negligence by the company

Separate from vicarious liability, a company can be directly liable for:

  • Negligent hiring/entrustment/supervision (putting an unsafe driver on the road)

  • Failure to train, or unsafe dispatch/scheduling (e.g., pressure that encourages violations)

  • Poor maintenance (defective brakes/tires/lights) or missed inspections

4) Vehicle owner/lessor or logistics partners

  • Leasing/rental companies can be liable for their own negligence (e.g., bad maintenance), but federal law (often called the Graves Amendment) generally prevents pure vicarious liability against lessors for the driver’s negligence.

  • Shippers, brokers, receivers may face exposure in narrow circumstances (e.g., coercion to violate safety rules, negligent selection—fact-intensive and rare).

5) Maintenance and repair shops

Shops that negligently repair or inspect a truck may share fault if a mechanical failure contributes (brakes, tires, steering, coupling systems).

6) Manufacturers and parts suppliers (product liability)

If a defective component (tire blowout, brake failure, steering defect, underride guard) caused or worsened the crash, product liability may apply. Preserving the failed part is critical.

7) Government entities (roadway hazards)

If an unreasonably dangerous roadway condition or negligent traffic-control design contributed, you may have a claim against a government entity. These claims come with strict notice, evidence, and immunity rules—get specific guidance quickly.


What this means for your case

  • More potential defendants can mean more sources of recovery (commercial policies are typically larger than personal auto).

  • Evidence decides the map of responsibility: electronic data, logs, inspections, and scene measurements matter far more than assumptions.

  • Comparative fault applies: your compensation can be reduced if you share responsibility, but it isn’t all-or-nothing.


What to do after a Kentucky truck crash (practical steps)

  • Medical care first. Let clinicians document injuries and follow your treatment plan.

  • Identify the truck and carrier. Photograph door markings (legal name + any USDOT/MC number), trailer ID, and license plates. Branding alone (e.g., a big logo) doesn’t always show who’s legally responsible.

  • Document the scene. Lane lines, resting positions, skid marks, debris fields, lighting/weather, damage patterns, and any nearby construction/work-zone setups.

  • Witnesses & official info. Get contact info and the police case/report number.

  • Preserve digital evidence. Ask that dash-cam video, ECM/EDR (“black box”) data, ELD/HOS logs, and maintenance/inspection records be preserved—these can overwrite quickly.

  • Be careful on recorded calls. Share basics only; avoid guessing fault or giving speculations.


Evidence to save (checklist)

  • Police crash report and any reconstruction/diagram

  • ECM/EDR downloads (speed, braking, throttle)

  • ELD/HOS driver logs, dispatch notes, route and delivery schedules

  • Driver-facing/road-facing dash-cam video; nearby traffic/incident-camera footage

  • Maintenance/inspection records; repair invoices; recall/technical bulletins

  • Employment/contracting documents (who employed the driver; contractor vs employee; who controlled the work)

  • Medical records/bills, imaging, work restrictions, and out-of-pocket costs


FAQs

Is the trucking company always responsible for the driver?

Often, if the driver was on the job. But companies may argue the driver was acting outside the scope or was a contractor. The right-to-control facts and paperwork matter.

Can I sue more than one party?

Yes. Kentucky allows claims against multiple responsible parties; a jury can split fault among them (comparative fault).

What if a defective truck part contributed?

Then a product-liability claim may be possible against the manufacturer or supplier—preserve the defective part and related maintenance records.

What if I was partly at fault?

You may still recover. Your compensation can be reduced by your percentage of fault, but it’s not automatically barred.

Do commercial cases usually have more insurance?

Often yes. Many motor carriers carry higher liability limits than personal auto policies. The exact limits depend on the carrier, vehicle, and freight.


How Morrin Law Office helps (educational)

We represent Kentuckians after serious truck and 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) 358-0300morrinlawoffice.com • 214 W Main St, Richmond, KY 40475
Serving clients across Kentucky.


Sources

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

  • MVRA limitations (motor-vehicle claims/PIP timing): KRS 304.39-230 (official KY statute site). Legislature Kentucky

  • Federal texting/handheld bans for CMV drivers: 49 CFR 392.80 (eCFR) and 49 CFR 392.82 (eCFR); LII mirrors. Legal Information Institute

  • Hours of Service / ELD framework: 49 CFR Part 395 (eCFR or LII mirror). eCFR

  • Inspection, repair, and maintenance duties: 49 CFR Part 396 (eCFR; LII mirror; FMCSA explainer). eCFR

  • Minimum financial responsibility for motor carriers (typical $750k baseline; higher for hazmat): 49 CFR 387.9 (eCFR; FMCSA/LII mirrors). ECFR

  • Graves Amendment (limits vicarious liability of rental/lessor absent negligence): 49 U.S.C. § 30106 (LII; U.S. House/official). Legal Information Institute


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.

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