Our Paducah car accident attorney knows victims of car accidents suffer a great deal of both physical and emotional pain. If you sustained injuries from an automobile accident, you are probably experiencing financial hardship due to loss of wages as well as medical debt.
Our injury attorneys help clients recover lost compensation that resulted from being unable to work. If you’ve been injured in a car accident, you need a Paducah car accident attorney to help you fight for your rights, as well as inform you of your options.
Paducah Car Accident Lawyer
Common Causes of Car Accidents
- Automobile defects including, but not limited to tire tread separation, seat back collapse, suspension defects, faulty breaks, unstable vehicles that rollover, fire or roof crushing in.
- Negligent drivers who exceed the speed limit, fail to signal properly, talk on the phone or text while driving, fail to pay attention to road conditions, fail to maintain vehicles property, who are suffering from fatigue or who are driving under the influence of either alcohol or prescription or illegal drugs, as well as a number of other negligent behaviors.
- Poorly maintained roads that create hazardous conditions, including missing or defective guardrails, improperly designed roadways, rights-of-ways and bridges, potholes and uneven pavement, insufficient signage, uncovered manholes, unlit road medians, ice, road debris, including oil and gravel.
- Automotive product recalls. Domestic and foreign manufacturers must make and sell cars and accessories that are reasonably safe for consumers. The manufacturer is responsible to notify owners of any risks, concerns, and recalls. A press release on a company website is not enough. The manufacturer must make every possible effort to locate owners; even owners who have moved, or did not originally register the product correctly.
- Distracted driving has become a common phenomenon. Whether a driver is on their phone or drinking their Starbucks, a driver who isn’t focusing on the road could cause an accident. Distracted drivers commonly rear-end people, especially when a lot of traffic is involved.
Common Injuries Suffered From Car Accidents
Our Paducah car accident lawyer will work to resolve your case, while you focus on your emotional as well as physical recovery. Injuries may include the following:
- Whiplash
- Broken bones
- Back injury
- Brain and head injury
- Spinal cord injury
- Severe burns
- Severe lacerations
- Eye injuries
- The fatality of a loved one, either immediately following the accident or as a result of injuries received as a result of the accident
- Talking or texting on the phone
- Failing to pay attention
Common Types of Car Accidents
There are thousands of car accidents every year, most of which occur in urban areas — as many as 64%. Only 36% of car accidents occur in rural areas. Crashes with fixed objects are extremely common, as are accidents involving two or more vehicles, such as the following:
- Car vs. car accidents
- Car vs. truck accidents
- Bus vs. car accidents
- Motorcycle vs. car accidents
- Car accidents with bicycles
- Train vs. car accidents
Determining who caused a car accident between two different types of vehicles can be difficult. Often, your car accident attorney must review laws related to the right-of-way.
Collisions with fixed objects as well as other types of wrecks are also common, including:
- Pedestrian collisions
- Wrecks with parked cars
- Animals that run into the road
- Collisions with buildings
You may think that the car driver is at fault when they run into fixed objects or pedestrians. But that isn’t always the case. When an animal or dangerous road causes an accident, your own insurance company may pick up the cost of your wreck.
Who’s at Fault?
It is sometimes difficult to determine the true cause of a car accident, thereby making it difficult to determine liability. Determining liability in a car accident can be both complex and confusing. That’s why Paducah attorneys Todd Farmer and Sam Wright utilize their experience to best evaluate and then address your situation.
Parties who may be liable for your car accident include the following:
- The driver of another vehicle
- Employer of a driver who was on the clock
- Insurance company
- The insurance company of another driver
- Manufacturer of defective automobile parts
- Designer of a dangerous vehicle
- Seller of a car without proper warnings
- Person or company responsible for maintaining the roadway
- The estate of another driver
- A bar or restaurant that served a drunk driver
- Another party who may have contributed to your accident
Not all car wrecks are caused by the negligence of others and not all drivers are held accountable for their negligence. If you were at fault, or if you were the victim of a hit-and-run accident, then the car accident attorneys at Farmer u0026amp; Wright may be able to help you collect money that your policy may entitle you to, from your own insurance company.
Fault and liability are different things. One party may be at fault for causing your car accident, but someone else may be legally liable for your financial losses. Legal liability means that a party can be held accountable for the financial losses you’ve incurred. Oftentimes, more than one party must be named in a car accident lawsuit. A car accident attorney can help you decide who is at fault and who is, therefore, liable for your damages.
How Can a Car Accident Lawyer Help You?
- Negotiate the maximum financial compensation you need
- Force manufacturers to make vehicles as well as accessories safer for everyone
- Treat you with the respect you deserve
- Aggressively litigate to protect your right to safety
- Negotiate with insurance companies to seek resolution and compensation that you deserve
- Work with hospitals and physicians to ensure that outstanding patient medical bills are not turned over to a collection agency
- Work to protect you from potential credit problems resulting from collection company actions
- Negotiate liens placed by medical treatment providers
- Negotiate cost reductions to medical treatment providers
- Handle the property damage portion of your claim, as well as ensure collection of compensation for necessary future medical care, rehabilitation, counseling and equipment
Obtaining Compensation After a Car Accident
After you are injured in a car accident, you may be able to recover money from the person or company that caused your losses. You can obtain compensation for the following:
- Medical bills
- Lost wages for those unable to work as a result of the accident
- Pain and suffering for injuries
- Costs related to both rehabilitation and recovery
- Disability or permanent injury you sustain
- Mental anguish as well as emotional suffering
- Loss of consortium
- Disfigurement or permanent scarring
- Property damage
- Any out of pocket expenses you incur
- Punitive damages
If your loved one suffered fatal injuries in a car accident, then you may be able to recover wrongful death damages, such as funeral and burial costs.
The actual amount that you can recover depends on both your losses and the ability of the at-fault person to pay. A car accident attorney can help you determine how much to demand from an insurance company or other third party involved in your accident.
What to Do After a Car Accident
- Call 911 as soon as possible
- Go to the nearest emergency room for medical attention, even if you are not experiencing pain at the time of the accident
- File a report with the police, sheriff or highway patrol
- Obtain a copy of the police accident report
- Notify your insurance company of the accident
- Take photographs if you are able
- Do not speak with an insurance claims adjuster or sign anything until you speak with an experienced personal injury lawyer at Farmer u0026amp; Wright.
Contact Our Kentucky Car Accident Attorney
To obtain assistance with your personal injury claim, contact a car accident attorney at Farmer and Wright, PLLC, today. We can help you receive compensation for your injuries, as well as guide you through the injury claims process.
Kentucky Statute of Limitations on Car Accidents
If you have been involved in a car crash because of someone’s error, you have every right to take things to court and sue the violating party for compensation on the grounds of personal injury and negligence and liability. With the help of an experienced Paducah personal injury attorney, you can even demand compensation for your pain and suffering, medical bills, and for damages.
What To Do After A Car Accident
Gather Evidence
If you have been involved in an accident, the very first step that you should take is to collect evidence pointing towards being involved in an accident and showing that the other driver was at fault. This includes photos and videos of the accident, as well as witness statements. Even if you do not take it to court, the evidence will still be useful for filing a claim from your insurer.
Keep Receipts and Medical Bills
You should also be mindful of all the expenses going towards repairs and treatment. If you were hospitalized, be sure to keep your hospital bills as well as the medication and products you may have needed. You want to be able to be reimbursed for as much of your expenses as you can.
Remember that if these expenses exceed $1,000 you are exempted from following the no-fault policy and are legally allowed to ask for reimbursement from the other driver’s insurer. If they do not agree, you are also legally allowed to take things to court.
Record Work Absences
Do also keep track of the days when you had to miss work. The wages that you do not get to receive because of missed days due to the accident are also reimbursable to you.
Why get a Paducah Car Accident Attorney Right Away?
If you were in an accident within the state, it is best to contact a Paducah, KY personal injury attorney here at Farmer & Wright PLLC right away for a couple of reasons.
Preserving Evidence
Our Paducah car accident attorneys will help you collect and preserve all the evidence that will be pertinent to your case including CCTV recordings and even witness statements who might not remember the accident too well if allowed to wait.
Avoid Mistakes
Being involved in an accident means both the person who faulted you and the insurance company will try to downplay and devalue your claim. Our experienced Paducah KY car accident attorneys are familiar with the tactics that they might use to do this and we will advise you against them and help prevent them from getting a foothold to do these.
Negotiating with the Insurance Company
Insurance companies will generally underestimate accidents as low as they can, but our Paducah personal injury lawyers from Farmer & Wright PLLC can give you a more accurate cost of the damages you suffered. We’ll make sure to include all your expenses and lost wages and help you with settlement negotiations to help you get what you deserve.
Not Missing the Statute of Limitations
Of course, it’s not easy to keep track of the statute of limitations if you’re not familiar with state laws. As a Kentucky personal injury law firm, our experienced Paducah personal injury attorneys at Farmer & Wright, PLLC are knowledgeable of both federal laws and state laws that will apply to accidents in Kentucky, including the processes and the limitations associated with it.
If you were the victim of a car accident, you don’t just want to get compensated — you deserve to get compensated. We believe that it is unjust for you to be wrongfully involved in an accident and then be expected to shoulder all the costs associated with you getting better. Contact us today to find out how our Kentucky personal injury lawyers can help protect your rights as a victim.
Kentucky Car Accidents Comparative Negligence
According to the Kentucky Revised Statutes, Kentucky is a pure comparative fault state. This means that while a jury can decide that the defendant is at fault for the accident, the jury can also decide that you have blame to share. They will determine what percentage of the accident was your fault which will then be deducted from the amount the jury thinks is the cost of the accident towards you.
Of course, there is no standard metric for how to determine the percentage of blame, so this is why you should be able to convince the jury well that most, if not all, of the blame is the other driver’s and you must also be able to include all the costs of the accident.
As a victim in an accident, the only thing you should be worrying about is recovering and getting better. Allow our Kentucky personal injury lawyers from Farmer & Wright PLLC to handle the legal aspects of the accident.
No-Fault Car Insurance Laws in Kentucky
Another thing to note is that Kentucky is a no-fault car insurance state. This means that for crashes within the state, both the person at fault and the affected party must file claims from their own injury protection facility first. You may only file a lawsuit against the other driver if the accident has caused “significant injury” and if the medical fees exceed a certain threshold.
Specifically, under Kentucky state law, this means the claimant was permanently disfigured; had a weight-bearing bone fractured; received a compound, compressed, or displaced fracture in any bone; was permanently injured; or received a permanent loss of a bodily function. A claimant is also allowed to file a lawsuit if the cost of the medical fees exceed $1,000.
Don’t hesitate to contact one of our Kentucky personal injury lawyers at Fisher and Wright, PLLC if you need more information about the no-fault car insurance law and to find out what you can do within your rights if you were involved in a car accident.
Kentucky Statute of Limitations for Car Accidents
However, this right does not last forever. Kentucky State laws dictate specific timeframes during which you are allowed to file a lawsuit.
This time limit is called the statute of limitations and will depend on the case you are trying to file. The Kentucky Revised Statutes section 413.140(1) states that a person has one year to go to court to remedy any injury that is caused by someone else’s fault. This applies to everyone involved including pedestrians, drivers, passengers, and cyclers.
The one year time limit starts on the day of the accident. However, if the lawsuit includes a wrongful death case, the statute of limitations starts on the day the person dies, which could be after the day of the accident.
Alternatively, if the claim is for damaged personal property, the Kentucky Statutes gives the plaintiff a time limit of two years from the date of the accident.
Do take note that the statute of limitations does not apply to car insurance claims. However, while there is no limit, it is best if you file your claim right away because once the insurance company takes wind of the accident, they will be working right away to devalue your claim.
Prevent this by acting fast. Don’t hesitate to contact one of our attorneys at Farmer & Wright PLLC, a Paducah, KY personal injury law firm to get what is rightfully yours.
Contact Our Paducah Personal Injury Lawyers Today!
Car accidents are terrible things. Not only does it harm you physically and psychologically, it harms you financially as well. Rather than having to deal with the messy policies surrounding personal injury laws and car insurance laws, you should contact an experienced auto accident attorney.
Our personal injury lawyers at Farmer & Wright PLLC believe that the only business a victim has to deal with post-accident is recovery. Leave the rest to us. Talk to one of our Kentucky personal injury attorneys today.
