Kentucky Injury Resource Center
A step-by-step checklist for the scene, the first days and the trucking company’s evidence, with the federal record-keeping deadlines that matter.
Reviewed by Larry Forman, Attorney.
A crash with a tractor-trailer is not just a bigger car wreck. The trucking company usually has an insurance adjuster and sometimes a lawyer working on the crash within hours. Federal rules decide how long the company has to keep its driving logs, inspection records and test results, and some of that evidence can be lost in days. This checklist covers what to do at the scene, in the first week, and before you talk to anyone from the trucking company.
Most of the proof in a truck case is in the trucking company’s hands. Federal rules set minimum retention periods, and after those run out, records can be lawfully destroyed. A preservation letter from your lawyer puts the company on notice to keep them.
| Evidence | Why it matters | Federal rule |
|---|---|---|
| Electronic logging device (ELD) and hours-of-service records | Shows whether the driver was over hours or falsifying logs | Carrier must keep records of duty status and supporting documents for 6 months (49 CFR 395.8(k)) |
| Engine control module (“black box”) data | Speed, braking and throttle in the seconds before impact | Can be overwritten as the truck keeps running. See truck black box evidence |
| Forward- and driver-facing camera video | Shows the driver and the road | No set federal retention. Many systems overwrite on a loop |
| Post-crash drug and alcohol tests | Shows impairment | Required after qualifying crashes; alcohol test within 8 hours, drug test within 32 hours (49 CFR 382.303) |
| Inspection, repair and maintenance records | Brakes, tires and lights | Kept 1 year and for 6 months after the truck leaves the carrier’s control (49 CFR 396.3(c)) |
| Driver qualification file | License history, medical card, prior violations | Kept while the driver is employed and 3 years after (49 CFR 391.51) |
| Dispatch, GPS and phone records | Delivery deadlines and distraction | Company policy; can be lost without a preservation request |
Public video can help too. Louisville’s interstates are watched by TRIMARC cameras; read about getting TRIMARC camera footage. You can also check the carrier’s public safety history; see how to look up FMCSA safety records.
Interstate carriers hauling general freight must carry at least $750,000 in liability coverage, and more for some hazardous loads (49 CFR 387.9). That is far above the $25,000 per person a Kentucky car driver must carry. Some policies also carry a federal endorsement; see the MCS-90 endorsement.
Most Kentucky motor vehicle injury lawsuits must be filed within two years after the injury or the last PIP payment, whichever is later (KRS 304.39-230(6)). Claims against other parties, such as a parts manufacturer, can have shorter deadlines. Kentucky uses pure comparative fault, so you can recover even if you share some of the blame; your award is reduced by your share (KRS 411.182).
When the evidence is preserved early, trucking companies have less room to rewrite what happened. Larry Forman has tried 50+ jury trials and won 95% of them, and every truck case we take is prepared as if it will be tried. Learn more about our Louisville truck accident lawyer services and how truck accident settlements work in Kentucky.
You can give basic facts like your name and the date of the crash, but you don’t have to give a recorded statement or sign medical releases. Adjusters for trucking companies are trained to lock in details early. Talk to a lawyer first.
Federal rules require carriers to keep records of duty status and supporting documents for six months (49 CFR 395.8(k)). Camera video and black box data can be lost much sooner, so a preservation letter should go out as early as possible.
Usually, yes. Kentucky PIP pays up to $10,000 for medical bills and lost wages regardless of fault. It normally comes from the policy on the vehicle you were in. Claims for pain and suffering go against the truck driver and company.
You can still bring a claim in Kentucky for a Kentucky crash. In 2024, about 41% of truck drivers in Kentucky collisions with known residences lived out of state, according to Kentucky State Police. See our guide to crashes with out-of-state drivers.
Tell us what happened. We’ll explain your options and what to do next. The consultation is free.
Get a free case evaluation or call 502-931-6788. Our office is at 1139 S. 4th St., Louisville, KY 40203.
This page is general information about Kentucky law as of October 2026, not legal advice. Every case is different.
