Truck Wreck Cases
When a truck crash takes a life, Kentucky law gives the family a wrongful death claim and the estate its own claims. Here is how they work.
Reviewed by Larry Forman, Attorney.
When a tractor-trailer crash takes someone you love, the trucking company’s response team is often at work before the family has made funeral plans. Our role is to protect the evidence, deal with the insurers and the legal process, and hold the driver and company accountable so your family can grieve.
Truck crashes are among the deadliest on Kentucky roads. Kentucky State Police counted 99 fatal collisions involving trucks of 10,000 pounds or more in 2024. Most happened on interstates, U.S. routes and state routes.
In Kentucky, a wrongful death lawsuit is filed by the personal representative of the person’s estate (KRS 411.130). The money recovered goes to the family in the order the statute sets, starting with a surviving spouse and children. A separate claim can recover the person’s own losses before death, such as conscious pain and suffering and medical bills (KRS 411.133 and 411.140). Spouses and children may also have loss of consortium claims. See Kentucky loss of consortium and how wrongful death money is distributed.
Being appointed personal representative in probate court is often the first practical step. We can help the family through that process.
Many fatal truck crashes involve rule violations that the trucking company would rather no one found:
Federal rules require post-crash drug and alcohol testing after a fatal crash involving a commercial driver (49 CFR 382.303), but many other records, like camera video and black box data, can be lost quickly. We send preservation demands right away and, when needed, bring in reconstruction experts. See black box evidence and what to do after a truck accident.
Kentucky does not cap wrongful death damages. Interstate carriers must carry at least $750,000 in liability coverage for general freight (49 CFR 387.9), and more for some hazardous loads. See what affects a Kentucky wrongful death claim value.
When a death results from a motor vehicle crash, the deadline is generally two years after the death or the last PIP payment, whichever is later (KRS 304.39-230). Other rules can apply depending on when the personal representative is appointed and who the defendants are (KRS 413.180). Don’t wait to find out which deadline controls. Call early so the evidence and the deadline are both protected.
Larry Forman has tried 50+ jury trials and won 95% of them. Trucking companies and their insurers know which lawyers will take a case to trial. Learn more about our Kentucky wrongful death lawyer and Louisville truck accident lawyer pages, and read how Kentucky wrongful death law works.
The personal representative of the estate files the lawsuit (KRS 411.130). The recovery goes to family members in the order the statute sets, starting with a surviving spouse and children.
Often, yes. A company is generally responsible for its driver’s negligence on the job, and it can be liable for its own negligent hiring, training, scheduling or maintenance. Brokers, shippers and parts makers can also share responsibility.
No. Kentucky’s constitution doesn’t allow caps on damages for injury or death.
For deaths caused by a motor vehicle crash, generally two years after the death or the last PIP payment, whichever is later. Other deadlines can apply, so talk to a lawyer as soon as you can.
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.
