Truck Accident Claims in Kentucky
The safety and insurance rules for trucks in Kentucky, how fault is shared, any limits on damages, and the deadline to sue.
Short answer: Kentucky applies the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395) and inspection, repair and maintenance (49 CFR 396), to commercial motor vehicles operating for hire or in private carriage, interstate or intrastate. 601 KAR 1:005 Section 2; KRS 281.600; KRS 281.655(4), (6)
| Truck safety and insurance rules | Kentucky applies the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395) and inspection, repair and maintenance (49 CFR 396), to commercial motor vehicles operating for hire or in private carriage, interstate or intrastate. Some farm vehicles are exempt under state law. Kentucky-certificated property carriers must carry at least $100,000 per person and $300,000 total liability ($600,000 total for trucks over 18,000 lbs.) plus $50,000 property damage; hazardous-material carriers need $1,000,000. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. KRS 281.600: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44152 ; KRS 281.655: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55499 ; 49 CFR 387.9: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.9 |
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| Fault rule (comparative negligence) | Kentucky uses comparative fault. In tort cases involving fault of more than one party, the jury (or judge) finds the total damages and the percentage of fault of each party, including the injured person, and the award is set according to those percentages. The statute does not bar recovery when the injured person is partly at fault, which is generally described as pure comparative fault. Source: KRS 411.182 |
| Damage caps | No. The Kentucky Constitution says the General Assembly has no power to limit the amount that can be recovered for injuries resulting in death or for injuries to person or property. Source: Ky. Const. § 54 |
| Deadline to sue for an injury | In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later. Motor vehicle rule: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45816 |
More Kentucky personal injury & wrongful death
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FAQ
What safety and insurance rules apply to trucks in Kentucky?
Kentucky applies the federal motor carrier safety regulations, including driver qualifications (49 CFR 391), hours of service (49 CFR 395) and inspection, repair and maintenance (49 CFR 396), to commercial motor vehicles operating for hire or in private carriage, interstate or intrastate. Some farm vehicles are exempt under state law. Kentucky-certificated property carriers must carry at least $100,000 per person and $300,000 total liability ($600,000 total for trucks over 18,000 lbs.) plus $50,000 property damage; hazardous-material carriers need $1,000,000. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you recover damages if you were partly at fault in Kentucky?
Kentucky uses comparative fault. In tort cases involving fault of more than one party, the jury (or judge) finds the total damages and the percentage of fault of each party, including the injured person, and the award is set according to those percentages. The statute does not bar recovery when the injured person is partly at fault, which is generally described as pure comparative fault.
Does Kentucky cap damages in personal injury cases?
No. The Kentucky Constitution says the General Assembly has no power to limit the amount that can be recovered for injuries resulting in death or for injuries to person or property.
What is the statute of limitations for personal injury in Kentucky?
In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.