All collisions among cars have the potential to cause serious damages in terms of harm to property and injuries to people. While even low speed collisions can be serious, generally collisions with trucks and those occurring at high speeds cause more damage. This is because of the sheer force and the weight that commercial trucks carry.
If you have suffered an injury due to a collision with a commercial truck, it is important to understand how the law works in the state of Kentucky and how you can take action if you want to make a claim against the driver who caused the accident.
What counts as a commercial truck?
Many people are confused as to whether they were in a commercial truck accident, because they do not know where the line is drawn between ordinary vehicles and commercial trucks. A commercial truck is defined as such when it is used within the functions of a business, for example in transporting products from one place to another. Commercial trucks are also much larger than standard vans or cars.
Is the commercial truck driver always at fault in collisions with smaller vehicles?
Commercial truck drivers are held to a higher standard of driving than a private person. This is because of the dangers of commercial truck collisions. However, this does not mean that the commercial truck driver is always at fault. Fault is determined after a careful analysis of the events that led up to the accident, as well as other indicators such as the blood alcohol concentration (BAC) of each driver.
Should I make a claim against the truck driver or the trucking company?
Whom you should consider making a claim against depends largely on the specific circumstances of the commercial vehicle and the legal relationship it has with the driver in question. If the company that owns the truck is shown to employ the truck driver, then they can be held responsible.
If you have been involved in a commercial truck accident and you want to claim damages, it is important that you make sure to recover fully before embarking on a lawsuit.
