Who has duty to enforce big rig size limits on Kentucky’s roads?

Generally, when someone is hurt due to another party's negligence, the injured person has a right to seek fair compensation in a court of law. When the alleged breach of duty was by a governmental entity or government employee, however, different rules apply. At common law, the government could not be held liable for injuries caused by negligence. This was because of the "sovereign immunity" doctrine, which held that "the king can do no wrong." While it is now possible to file suit against the government and be awarded money damages under some circumstances, such cases tend to be much more difficult than if the defendant had been a business or individual without government ties. Read More


Tennessee Court of Appeals Reverses Summary Judgment in Tractor-Trailer Accident Case

Because of the disproportionate size and weight between commercial trucks and passenger vehicles, people in the smaller vehicles tend to suffer more serious injuries in a tractor-trailer accident. However, as a recent case illustrates, truckers also can be injured - especially when both of the involved vehicles are 18-wheelers. Read More


Company that brokered shipment through freight company not vicariously liable for 18 wheeler accident

When it comes to claims arising from an 18-wheeler accident, an injured person is often wise to "cast a large net" and name as many defendants as possible. This is because insurance coverage issues and policy limits can restrict the ultimate recovery from a particular defendant, but, if several defendants are named, it is more likely that the plaintiff will be fully compensated for his or her medical expenses, lost wages, and pain and suffering. Of course, the defendants named in a tractor-trailer wreck case may have a viable defense, and they have a right to seek the dismissal of the case against them on procedural grounds. In such cases, it is up to the courts to decide who stays and who goes. Read More


Big rigs are required to keep truck log books, but few do

By Kyle Roby, Attorney English, Lucas, Priest & Owsley, LLP Tractor trailer drivers are required to keep log books. Log books record the time a truck driver has been driving or on-duty. It's one of the first things we examine when we're called on to help someone who has been injured in an accident that involves a truck. Few drivers, however, are as dutiful with keeping those truck log books as they should be. Log books are hand-written, and simple to read, and easy to keep up with if a driver wants to do so. The truck log books require the following of a driver and the company he or she works for: Log books must be kept as the driver goes. Every time a driver begins the day, he or she is required to note the city, state, and time. The driver is to keep track of the amount of time driving - time left, time arrived, and time spent on breaks throughout the day. The name of the company that owns the truck and its headquarter's location are required at the top of each log book page. The driver must sign the log book to indicate that the information in it is accurate and truthful. If the driver is following the law, the truck log books should show that he or she abided by the time limits specified by law. Police officers, state troopers and officials from the Federal Motor Carrier Safety Administration are allowed to examine the log books at any time to check to see if the driver is following the law. Many times, though, drivers do not keep up with log books, or falsify the books to indicate he or she has abided by the law. Read More


Truck driver fatigue often the cause of accidents in Kentucky

By Kyle Roby, Attorney English, Lucas, Priest and Owsley, LLP The Federal Motor Carrier Safety Regulations apply to all tractor-trailers and truck drivers  in the U.S., including those in Kentucky and Tennessee. These regulations cover every aspect of operating, maintaining, and driving a truck. One of the most important, but also most ignored, part of these regulations concerns how long a driver can be behind the wheel in a given day, called hours of service rule. The hours of service rule provides that a truck driver may work no more than 14 hours in a day, with only 11 of those hours actual driving time. The rule is intended to limit truck driver fatigue. A truck driver can only operate a vehicle for 8 consecutive hours before taking a break, which must be 30 minutes or longer. The truck driver must record his hours of service in a drivers log book that he or she must keep updated at all times while driving. These rules are hard to enforce. Often, when we handle a truck accident case for a client, this is one of the first things we examine, and we often find that the trucking company and truck driver has violated this rule, falsified their log book, or exceed their hours of service. Having an experienced attorney examine the drivers log books and hours of services is critical when a truck driver has caused a wreck. Read More