A collision with a commercial truck can leave you facing injuries, medical bills and time away from work. You may first assume the truck driver is the only person responsible, but these crashes can involve more than one business or insurer.
Finding each party that may be responsible can help you understand what went wrong and who may be accountable.
The driver may not be the only responsible party
A truck driver may be responsible for speeding, distraction, fatigue or another unsafe action. An employer may also be responsible if the driver was acting within the scope of employment. This rule is called respondeat superior.
A trucking company may also be responsible for its own conduct. For example, investigators may check whether the company followed rules for driver qualifications, vehicle inspections or hours of service.
Other parties may also contribute to a crash, including:
- Companies that improperly load or secure cargo
- Maintenance providers that perform unsafe repairs
- Manufacturers of defective truck parts or equipment
Kentucky uses a pure comparative fault system. Under KRS 411.182, a court can assign a percentage of fault to each party. If you share some responsibility for the crash, your percentage of fault may reduce the amount you can recover rather than bar recovery completely.
Evidence can help identify responsibility
After a truck crash, different records can help clarify what happened and each party’s role. Relevant evidence may include:
- The crash report and photographs
- Witness information
- Driver logs and qualification records
- Inspection and maintenance records
- Electronic data from the truck
Federal trucking rules can also make driver and company records important. These records may show whether the driver or company followed required safety rules.
Understanding responsibility can guide your next steps
Knowing how a commercial truck crash happened and who may have contributed can give you a clearer understanding of your situation. Legal guidance can help you identify useful records. It can also explain how Kentucky and federal trucking rules may apply to your crash. This information can help you evaluate your options and decide what steps make sense for you.