How Improperly Secured Cargo Can Lead to a Kentucky Semi-Truck Crash

Truck accidents are not always the result of negligence on the part of the truck driver. For example, a driver may lose control of their tractor-trailer if its cargo was not properly loaded. In that scenario, the company responsible for loading the vehicle may be at-fault if the driver (or other individuals) sustained serious injuries in the accident. The owner of the vehicle, if not the truck driver or the company who loaded the cargo, may also be financially responsible.

Alleged Owner of Truck Involved in Amputation Accident Held in Contempt

Unfortunately, there are cases where identifying all of the potentially liable parties for a truck accident can be an ordeal unto itself. An ongoing truck accident lawsuit right here in Kentucky, Levy v. Greif Inc., provides an apt illustration. This case is the result of a May 2023 crash on I-64 near Louisville. The victim, an artist from Louisiana who worked part-time as a truck driver, was driving an 18-wheeler carrying paper rolls. According to the lawsuit, while merging from I-64 onto the ramp to I-264, the rolls “came out of their casing causing the truck to become imbalanced,” which led to the driver losing control. The semi-truck hit a guardrail and overturned.

The impact ejected the driver from the vehicle. According to a post from the driver’s uncle seeking to crowdfund his niece’s medical expenses, she lost her right arm in the crash. She was subsequently trapped under the truck as the vehicle landed on her leg. Doctors were able to reattach the driver’s arm, although her uncle said “it will never be 100 percent again” in terms of function and movement.

The driver’s mother, acting as her court-appointed guardian, filed a personal injury lawsuit in Kentucky state court naming the Ohio-based company that loaded the paper rolls into the truck as a defendant. The lawsuit alleges the company “negligently loaded the cargo into the trailer,” thus causing the accident and the driver’s life-altering injuries. The defendant later had the case removed (transferred) to federal court as the parties are legal residents of different states.

The defendant also obtained a subpoena against a third party, the company that allegedly owned the driver’s truck. (The driver’s guardian subsequently added this company as a defendant to the lawsuit.) But for whatever reason, the trucking company did not reply to the subpoena or a subsequent order to appear in court. Consequently, a federal judge held the trucking company in civil contempt, which means it is responsible for paying its co-defendant’s legal fees and costs related to the subpoena. The lawsuit itself remains pending before a federal judge in Kentucky.

Contact a Madisonville Truck Accident Lawyer Today

Determining legal and financial responsibility for a commercial truck accident is often not a simple task. That is why victims need to work with an experienced Madisonville truck accident attorney who can handle your case and advocate for your interests. Contact Whitfield Crosby & Flynn today to schedule a consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Sources:

storage.courtlistener.com/recap/gov.uscourts.kywd.135190/gov.uscourts.kywd.135190.1.1.pdf

gofundme.com/f/artist-and-trucker-loses-arm-helping-family