Morrin Law Office
Commercial Motor Vehicle Accidents in Covington, Kentucky
Commercial motor vehicles are large vehicles used by companies to transport things across state and interstate highways. There are more than 180,000 registered commercial vehicles in Kentucky. When a collision occurs involving one of these vehicles, who is at fault? What are the options for financial recovery for a person injured by a CMV driver or company’s negligence?
This page will provide a general overview of commercial motor vehicles, what causes accidents involving them, and the legal options an injured person has in Covington, Kentucky.
General Overview of Commercial Motor Vehicles
A commercial motor vehicle (CMV) is defined in Kentucky as any self-propelled or towed motor vehicle that is used on the highway or interstate to transport property or passengers. A CMV:
- Has a gross vehicle weight of 10,001 pounds or more;
- Is designed or used to transport more than eight (8) passengers for compensation;
- Is designed or used to transport more than 15 passengers and is not used to transport for compensation; or
- Is used for transporting hazardous material under 49 USC 5103 of the Secretary of Transportation and is transported under the regulations under 49 CFR, subtitle B, chapter I, subchapter C.
Rules for CMVs in Kentucky
Before operating a CMV in Kentucky, there are several rules and steps a person must follow. This includes obtaining a commercial driver’s license (CDL), which requires the following:
- Must be at least 18 years old;
- Must be a permanent resident or U.S. citizen;
- Provide a medical certificate; and
- Complete a written, vision, and skill test by the Kentucky State Police.
The three types of CDL in Kentucky include Class A, Class B, and Class C:
- Class A allows the operation of a CMV with any combination of vehicles that has a gross vehicle weight of 26,001 pounds or more that is towing a vehicle with a gross weight of more than 10,000 pounds.
- Class B allows the operation of a straight CMV with two or more axles and a gross vehicle weight of 26,001 pounds or more that is towing a vehicle with a gross weight of 10,000 pounds or less.
- Class C allows the operation of a CMV with a gross vehicle weight of less than 26,001 pounds that is transporting hazardous materials that require a placard, or a single CMV designed to transport 16 or more passengers with a gross weight of less than 26,001 pounds.
The Kentucky State Police utilize Commercial Vehicle Enforcement Inspectors. Their responsibilities involve ensuring that all CMVs are up to regulation and that the driver is following all necessary rules of operation. The inspector’s responsibilities can include:
- Inspecting the driver/vehicle records for compliance with licensing permits;
- Ensuring all driver operation laws and regulations are being followed;
- Physically inspecting all around and under the CMV to inspect for safety defects;
- Checking cargo to determine if hazardous materials are being carried and if so, it complies with the proper hazardous material regulations; and
- Placing vehicles and/or CMV drivers as “out of service” for any critical violations of state and federal motor carrier safety regulations.
Common Causes of CMV Collisions
Commercial vehicles are often large, wide, and heavy. They require more time to turn and make crucial driving decisions. Even if a CMV driver is following all safety measures, a collision can still occur. Some of the more common causes of CMV crashes include:
- Failure to pass safely – When another driver cuts in front of a CMV too closely when passing them, it can cause a collision. This is because CMVs require more time to slow down and stop. Around 60% of fatal crashes involve impact from the front of a CMV.
- Tailgating – When a person is tailgating or following too closely to a CMV, it can cause a crash. CMV drivers often have large blind spots in the back of the vehicle, which means a change in traffic or road conditions could lead to a rear-end collision.
- Inattentiveness – When other motorists, bicyclists, or pedestrians ignore or fail to notice the presence of a CMV, they can get hit. For example, a CMV driver is backing up and cannot see vehicles or people maneuvering behind them. Alternatively, a CMV driver who is distracted from cell phone use, eating, self-grooming, sleeping, or any other action that removes their attention from the act of operating the CMV can result in a crash.
- Unsafe maneuvering during right-hand turns – When executing a right turn, a CMV driver may be required to swing the vehicle wide to the left. Another driver who fails to yield or does not give the CMV adequate space to turn can lead to a collision.
According to Safety Facts provided by the Department of Transportation, more than half of the fatal crashes in Kentucky involving large commercial trucks are caused by passenger vehicles. The contributing factors related to these CMV collisions are broken down into factors from the passenger car driver and the CMV driver:
- Standard Motor Vehicle Driver Contributing Factors:
- Failure to Yield Right-of-Way;
- Improper Passing;
- Weaving in Traffic;
- Misjudging Clearance;
- Following Too Close; and
- Not Under Proper Control.
- CMV Driver Contributing Factors:
- Misjudging Clearance;
- Failure to Yield Right-of-Way;
- Weaving in Traffic;
- Not Under Proper Control;
- Following Too Close; and
- Too Fast for Conditions.
Possible Injuries and Resulting Damages
When a person is involved in a motor vehicle accident, the potential injuries that result from impact can vary in severity. As CMVs are often larger than standard passenger vehicles, a collision involving a commercial vehicle can lead to severe injury and even the possibility of death. Common injuries from a CMV collision can include:
- Burns from hazardous material being carried in CMV;
- Amputation from experiencing severe impact trauma and having it required as a medical necessity after the collision;
- Broken and fractured bones caused by being hit by a CMV;
- Soft tissue injuries caused by trauma from the CMV’s impact that injures a person’s connective tissue, ligaments, muscles, or tendons;
- Neck and back injuries like herniated discs, whiplash, or broken bones caused by substantial impact;
- Spinal cord issues like paraplegia or quadriplegia; and
- Traumatic brain injury (TBI) from any severe impact on a person’s brain.
Determining Liability and Fault in Kentucky
In Kentucky, you have the same rights in an accident involving another passenger vehicle or commercial motor vehicle. However, cases involving CMVs are unique because the liability can be placed on one of several entities depending on the circumstances. Liability for a CMV accident in Covington can fall on:
- The CMV driver;
- The owner of the CMV;
- The manufacturer of the commercial vehicle’s parts; or
- The business or company employing the commercial vehicle.
Determining what exactly caused the accident can help point out who is liable for any resulting damages. For instance, if a collision were caused by parts of the CMV breaking, the fault could fall on the commercial truck manufacturer. If the collision were caused by the employee being too tired from working too many hours, the liability could fall on the driver or their employer.
The attorneys with Morrin Law understand the unique challenges applicable to car accidents involving commercial vehicles. If you’ve recently been hit in the Covington area, contact our office today for a free case evaluation.
Example Case in Covington, KY
- August 2024 – Two people involved in an accident near Collins Industrial Park have both died. According to a local report, the crash took place on August 13th, involving a passenger vehicle and an 18-wheeler belonging to Wayne-Sanderson Farms. Collins Police Chief Joey Ponder said the accident happened around midnight, and both drivers involved died from impact.
Process of Filing a Personal Injury Claim in Covington
A person who has experienced severe pain and injury because of a car accident may consider seeking to file a claim for damages. The damages include things like medical bills, lost wages from work, funeral costs, and any other financial burden caused by the accident involving the CMV. A person who is successful with a personal injury claim can be awarded compensation based on the damages caused by the wreck.
Morrin Law recommends that you follow these steps to ensure a smooth process of filing a personal injury claim in Covington, Kentucky:
- Receive Medical Attention/Treatment – Immediately following the wreck or within a few days, you should receive medical attention to determine the extent of the injuries. It is extremely important to document all medical records during this time.
- Contact the Police – If possible, call the police. Or have another person or witness contact the authorities to respond to the crash site. A police officer can help determine who may have been at fault. If an officer does not respond to the crash site, you will need to file a Civilian Collision Report within ten (10) days of the collision.
- Gather Evidence from Wreck – Evidence that can contribute to the personal injury claim includes medical records, pictures, and videos of the crash site. An attorney can let you all recommended documentation to provide.
- Contact an Experienced Attorney with Morrin Law – Dealing with legal matters can be stressful and confusing. By trusting your case with an experienced personal injury attorney, you can rest assured that you have an expert on your side. Morrin Law has a deep understanding of Kentucky laws and CMV accidents.
- Setting up the Claim with Insurance – All party’s insurance providers will need to be informed of the accident and resulting damages. This is something that a Morrin Law attorney can assist you with, as insurance companies are often extremely difficult to talk to on your own.
- Negotiate a Settlement – In many civil cases involving car accidents, the insurance companies will offer a settlement to cover the injured person’s damages. You can choose to accept the offer of financial compensation or deny it if you find the offer unfair.
- If necessary, File a Lawsuit – Any person in Kentucky who operates, maintains, or uses a motor vehicle has accepted the right to sue or be sued, under KRS 304.39-060. A person can seek financial compensation through litigation if their injuries exceed the following threshold:
- $1,000 in medical expenses;
- Results in a broken bone(s);
- Results in permanent disfigurement;
- Results in permanent injury; or
- Results in wrongful death.
A personal injury attorney with Morrin law can represent your case and assist you in the process of filing a claim. If you choose the option of litigation, we can represent you in court. Contact our office at (859) 358-0300 to receive a free consultation today.
Contact Morrin Law Firm
If you or someone you know has recently been injured in a motor vehicle accident involving a commercial truck, you should consider working with an experienced Kentucky personal injury attorney. This should be the time for you to focus on regaining a full recovery. With Morrin Law, you can rest while we take on the brunt of the work by contacting and discussing settlement options with the insurance company. If your case requires going to court, we will represent you and fight to win fair compensation. Our firm works on a contingency plan, meaning we are not successful unless you are!
Contact the Office of Morrin Law today at (859) 358-0300 to get started on your personal injury claim.