Commercial trucking laws can affect a truck accident case in Kentucky, including the legal requirements for a valid commercial driver’s license, hours of service regulations for commercial drivers, weight limits, and federal regulations. Depending on the nature of the accident, these and other laws could help determine who was liable for an accident.
For help with a truck accident case in Florence, Kentucky, call Young, Reverman & Bolotin at 513-400-0000 to schedule a free consultation with an attorney.
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Kentucky Commercial Trucking Laws That Can Impact Your Accident Case
According to the Kentucky Transportation Cabinet, one recent year saw a total of 9,437 truck accidents across Kentucky. Many of these involve commercial trucks and professional drivers.
Like other motorists, commercial truck drivers need to obey rules of the road and various regulations, with some additional restrictions in place to facilitate responsible commercial driving operations.
The following are some Kentucky trucking regulations and laws that could impact commercial truck accident claims and lawsuits:
Requirements to Obtain a Commercial Driver’s License (CDL)
If a driver wants to acquire a CDL in Kentucky, he or she must meet the following requirements:
- Be 18 years old or older
- Be lawful permanent residents, American citizens, or have an approved I-94 work authorization form and either a valid passport or employment authorization documentation
- Pass all relevant road skill and written testing under the Kentucky State Police, unless renewing a license that’s been invalid for less than five years or moving a CDL from another state into Kentucky
- Have self-certification or permissible medical certification
- Pass a Kentucky State Police warrant check
- Pass all required driver training, whether obtaining a Class C CDL or upgrading to a Class B or A CDL
If a driver intends to transport hazardous materials, he or she must also undergo a security threat assessment under the Transportation Security Administration. A driver operating a commercial vehicle with an invalid CDL or a CDL that doesn’t allow the operation of that particular vehicle may not have the training to properly operate that vehicle, which could increase the risk of an accident.
Truck Size and Weight Restrictions
One of the most common factors in semi-truck crashes is an oversized vehicle or too much weight, either of which can cause a tractor-trailer to lose balance and cause a jackknife, rollover, or another type of accident.
As such, Kentucky has specific limits in place for a commercial vehicle’s size and weight. Specifically, trucks on designated highways and interstates must have: a width of no more than eight feet, six inches; a length of no longer than 28 feet for dual trailers, 53 feet for semi-truck trailers, and 45 feet for motor trucks; and a height of no taller than 13 feet, six inches or 14 feet for car haulers. In addition, trucks have a total weight limit of 80,000 pounds, with different weight limits per number of axles.
Restrictions for Hours of Service (HOS)
Seeing as fatigue is one of the top causes of truck accidents in Kentucky, commercial drivers are only allowed to operate vehicles for a limited number of hours over a certain period to help ensure drivers remain alert and aware.
According to Kentucky law, drivers must spend a minimum of 10 hours off-duty back to back before they’re able to drive for no longer than 11 hours. A mandatory 30-minute rest period is also required after a driver has operated a commercial vehicle for a total of eight hours without a break. Electronic logging devices (ELDs) help track commercial drivers’ hours on the road and could count as evidence to prove liability in a case.
Choice No-Fault Insurance and Pure Comparative Negligence
By default, Kentucky operates on a no-fault insurance model, meaning that many accident victims need to seek compensation for an accident through their own personal injury protection (PIP) insurance coverage. However, motorists can opt out of this due to the fact that Kentucky is a “choice no-fault” state.
If accident victims elect not to go through their own insurance and the damages are significant enough, they could seek compensation based on the state’s pure comparative negligence model. So, what is pure comparative negligence in Kentucky accident cases?
In short, pure comparative negligence allows victims to recover damages from liable commercial truck drivers and other parties, even if that party was only 1% at fault for an accident.
Federal vs. State Regulations: What Kentucky Trucking Laws Mean for Your Case
While federal regulations can play a part in helping determine liability, truck drivers must also obey state laws and regulations. If a motorist fails to adhere to both state and federal law, these violations could help indicate how a driver contributed to an accident and subsequent damages.
A truck accident lawyer in Kentucky with experience handling commercial truck accident cases could cite these laws to help prove how the liable party owed a duty of care to others and breached that duty of care to cause an accident.
Common Violations That Lead to Commercial Trucking Accidents in Kentucky
There are many violations that commercial truck drivers can commit to cause an accident, including driving while fatigued, distracted driving, speeding, oversized or unsecured cargo, impaired driving, and other violations of Kentucky or federal laws. However, trucking companies, mechanics, or other parties could also be responsible for legal violations that contribute to an accident.
Following an accident, the right truck accident lawyers could help determine precisely what kinds of violations led to an accident and resulting damages.If you need to file a truck accident claim or lawsuit against a liable commercial driver, the attorneys here at Young, Reverman & Bolotin can help. Contact us today to learn more about what we can do for you and determine your legal options.
