Kentucky Injury Resource Center

What to Do After a Truck Accident in Kentucky

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.

What to do after a truck accident: white tractor-trailer and a damaged sedan stopped on a Kentucky interstate shoulder behind red warning triangles

What to do after a truck accident: at the scene

  1. Get safe and call 911. Kentucky law requires drivers in a crash with a death, a known or visible injury, or a vehicle that can’t be driven to notify 911 or police right away (KRS 189.580(6)). A police report also records the truck, the company and the driver.
  2. Accept medical help. Truck impacts cause brain, spine and internal injuries that may not hurt right away. Let EMS check you.
  3. Photograph the truck, not just your car. Get the cab door (company name and USDOT number), the trailer number, the plates on the tractor and trailer, the load, the tires and any damage. Photograph skid marks, debris, traffic signals and the road surface.
  4. Get names and phone numbers of witnesses. Other drivers leave fast on an interstate. Ask for a phone number and a one-line note of what they saw.
  5. Don’t argue about fault. Exchange information with the truck driver, but don’t apologize, guess at speeds or agree to “work it out.”

In the first few days

  • Get checked by a doctor even if you went home from the scene. Gaps in care are used against injured people later. See gaps in treatment and delayed symptoms.
  • Open your PIP claim. Kentucky’s no-fault coverage pays up to $10,000 for medical bills and lost wages regardless of fault. Learn how Kentucky PIP insurance works.
  • Don’t give a recorded statement to the trucking company’s insurer. You don’t have to. Read what to know before a recorded statement.
  • Keep everything: your damaged clothing, your car until it has been inspected, dashcam files, phone photos, medical paperwork and the tow receipt.
  • Stay off social media about the crash and your injuries.

Trucking evidence that can disappear

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.

EvidenceWhy it mattersFederal rule
Electronic logging device (ELD) and hours-of-service recordsShows whether the driver was over hours or falsifying logsCarrier must keep records of duty status and supporting documents for 6 months (49 CFR 395.8(k))
Engine control module (“black box”) dataSpeed, braking and throttle in the seconds before impactCan be overwritten as the truck keeps running. See truck black box evidence
Forward- and driver-facing camera videoShows the driver and the roadNo set federal retention. Many systems overwrite on a loop
Post-crash drug and alcohol testsShows impairmentRequired after qualifying crashes; alcohol test within 8 hours, drug test within 32 hours (49 CFR 382.303)
Inspection, repair and maintenance recordsBrakes, tires and lightsKept 1 year and for 6 months after the truck leaves the carrier’s control (49 CFR 396.3(c))
Driver qualification fileLicense history, medical card, prior violationsKept while the driver is employed and 3 years after (49 CFR 391.51)
Dispatch, GPS and phone recordsDelivery deadlines and distractionCompany 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.

Who can be responsible

Insurance and deadlines

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.

50+ jury trialsReady to take your case to court
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Questions about what to do after a truck accident

Should I talk to the trucking company’s insurance adjuster?

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.

How long does a trucking company have to keep its driving logs?

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.

Will my PIP coverage pay if a truck hit me?

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.

What if the truck driver lives in another state?

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.

Hit by a truck? Let us lock down the evidence.

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.

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