Lexington sits where I-64 and I-75 run together at the edge of the Bluegrass, and the tractor-trailer traffic feeding the region's horse farms, distilleries, and warehouses is constant. A crash with a fully loaded 18-wheeler is nothing like an ordinary car accident — the truck can weigh 20 to 30 times as much as a passenger vehicle, and the injuries are often catastrophic. If you or a loved one was hurt in a truck accident on I-64, I-75, New Circle Road (KY-4), or anywhere in Fayette County, the Lexington truck accident lawyers at Portner & Shure have handled serious injury cases for more than 30 years and know how to stand up to trucking companies and their insurers.
Why Truck Accident Cases Are Different
A truck wreck almost never comes down to just one driver's mistake. Federal safety rules apply, and the trucking company, a maintenance contractor, a cargo loader, or a parts manufacturer may each share responsibility, often with multiple insurance policies covering the loss. Sorting out who is liable takes early, careful investigation, because the carrier and its insurer are usually already working to protect themselves.
Federal Trucking Rules That May Affect Your Claim
Interstate trucks are governed by Federal Motor Carrier Safety Administration (FMCSA) regulations. These rules cover hours-of-service limits meant to prevent fatigued driving, driver qualification and drug-and-alcohol testing, vehicle inspection and maintenance, and cargo securement. A violation of these standards — such as a driver who exceeded hours-of-service limits or a carrier that skipped required maintenance — can be powerful evidence of negligence in your case.
Critical Evidence We Move Quickly to Preserve
Some of the most important evidence in a truck case can be overwritten or lost if no one acts, while other records have defined retention periods. Our team works quickly to preserve it, including:
- The truck's electronic logging device (ELD), which records the driver's duty status and hours
- The engine control module ("black box"), which on many trucks can capture data such as speed and braking
- The driver's logs, qualification file, and drug-and-alcohol testing records
- Truck maintenance and inspection records
- Dash-cam, traffic-camera, and nearby business surveillance video
- The police report, witness statements, and cargo and weight documentation
Because some of these records are only required to be kept for a limited time and others can be overwritten, we often send a formal preservation letter right away so important data is not lost.
Kentucky's No-Fault System and Your Truck Accident Claim
Kentucky operates under a no-fault insurance system. After a crash, personal injury protection (PIP) benefits — generally paid by the insurer of the vehicle you occupied, subject to Kentucky's coverage-priority rules — cover initial medical expenses and lost wages regardless of who caused the crash, with a minimum of $10,000 in benefits. Kentucky is a choice no-fault state, so drivers can opt out of no-fault to preserve their full right to sue from the outset. Drivers who remain in the system can still step outside it and pursue a liability claim against the at-fault party when medical expenses exceed $1,000 or the crash causes a permanent injury, permanent loss of a bodily function, permanent disfigurement, a qualifying fracture, or death. Given the severe injuries common in truck wrecks, many victims are able to pursue a full claim against the trucking company and its insurer.
Kentucky's Pure Comparative Fault Rule
Kentucky follows a pure comparative fault rule, which means that even if you were partially responsible for the crash, you can still recover compensation — your recovery is simply reduced by your percentage of fault. For example, if you were found 20% at fault and your total damages were $100,000, you would recover $80,000. Trucking insurers frequently try to inflate an injured victim's share of fault to reduce what they owe, and experienced Lexington counsel helps counter those tactics.
How Long Do I Have to File? Kentucky's Statute of Limitations
For a motor vehicle crash in Kentucky, the deadline to file a personal injury lawsuit is generally two years from the date of the accident or from the date of the last no-fault (PIP) benefit payment, whichever is later (KRS 304.39-230). Missing the deadline typically means losing your right to pursue compensation, and when the clock starts can depend on the facts of your case — so you should get case-specific guidance as early as possible. Because truck evidence disappears fast, the sooner you call, the more time we have to protect your claim.
What Causes Truck Wrecks Around Lexington and the Bluegrass
- Fatigued drivers exceeding hours-of-service limits on long hauls through I-64 and I-75
- Speeding and unsafe following distances where I-64 and I-75 merge
- Sudden stops on New Circle Road and other high-traffic arterials
- Freight trucks navigating narrow, rural two-lane roads outside the city
- Overloaded or improperly secured cargo
- Unqualified or poorly trained drivers hired by smaller carriers
Types of Truck Collisions We Handle
Our Lexington team handles the full range of commercial truck wrecks and the serious injuries they cause, including traumatic brain injuries, spinal cord injuries, and other catastrophic injuries:
- Jackknife and rollover crashes
- Rear-end collisions from long stopping distances
- Underride accidents beneath a trailer
- Blind-spot and unsafe lane-change wrecks on I-64 and I-75
- Tire-blowout and lost-load crashes
- Tractor-trailer, delivery-truck, and box-truck collisions
What Can I Recover in a Truck Accident Case?
Every case is different, but Kentucky law allows injured victims to pursue compensation for medical bills past and future, lost wages and lost earning capacity, pain and suffering and emotional distress, property damage to your vehicle, and long-term care and rehabilitation for serious injuries. Because commercial-truck claims may involve higher or multiple insurance limits depending on the vehicle and carrier, these claims are often heavily defended, and we work to document your losses in detail to support a fair evaluation of your claim.
Who Deals With the Trucking Company and Its Insurer?
We do — so you can focus on healing. From the moment you hire us, the Lexington truck accident attorneys at Portner & Shure handle every conversation, letter, and negotiation with the trucking company and its insurers. A claim arising from a Fayette County crash is generally filed in the Fayette County courts, and we handle that process for you. If they refuse to offer a fair amount, we are fully prepared to file suit and take your case to court when necessary. There is no attorney's fee unless we recover for you.
We Can Help If English is Not Your First Language
Portner & Shure proudly serves Lexington's diverse communities. Our multilingual team can assist clients in Spanish, Korean, Chinese, and Vietnamese, so nothing gets lost in translation when it matters most.
Contact Our Lexington Truck Accident Lawyers Today
If you or a loved one was hurt in a truck accident anywhere in the Lexington area, do not wait. Call Portner & Shure or contact us online for a free, no-obligation consultation. There is no attorney's fee unless we recover for you. Learn more about our firm and our full Kentucky team.
Other Injury Cases We Handle in Lexington
- Lexington Car Accident Lawyers
- Lexington Motorcycle Accident Lawyers
- Lexington Personal Injury Lawyers
- Lexington Wrongful Death Lawyers
- Lexington Premises Liability Lawyers
- Lexington Pedestrian Accident Lawyers
- Lexington Bicycle Accident Lawyers
- Lexington Dog Bite Lawyers
- Lexington Brain Injury Lawyers
- Lexington Spinal Cord Injury Lawyers
- Lexington Medical Malpractice Lawyers
- Lexington Nursing Home Abuse Lawyers
- Lexington Bus Accident Lawyers
