Kentucky Drunk Driving Accident Attorney
Drunk drivers are very dangerous because not only do they pose a threat to themselves, they also pose a danger to other unsuspecting people. If you were involved in a drunk driving accident, you deserve to be compensated for any damages that they might have caused. Schedule a consultation with our Kentucky drunk driving accident attorney and let us help you demand accountability from the drunk drivers that harmed you.
Driving Under the Influence
According to the Kentucky DUI Laws, a person is considered to be drunk driving if he has a blood alcohol content (BAC) of 0.08% or higher. Additionally, they are also considered to be guilty of a DUI if they are driving under the influence of alcohol or any other substance that can impair driving ability or if they have any amount of a controlled substance (like meth and cocaine) in their bloodstream.
This means that a driver does not necessarily have to have a specific BAC to be guilty of driving under the influence — driving despite being impaired due to substances already poses a risk to other motorists and is reason enough to file DUI charges.
According to the Kentucky Transportation Cabinet, there were over 5000 alcohol-related crashes in Kentucky in 2017. Out of all these crashes, a third of these incidents resulted in injuries, while another third resulted in deaths. Some of these accidents involved a drunk driver causing a fatal pedestrian accident.
It’s really terrible that a person can be injured and killed even if they’re just walking down the street; it is very selfish and unjust to the victims. This is why our Paducah personal injury attorneys at Farmer & Wright PLLC are committed to helping the victims of drunk driving accidents.
Injuries and Damages Caused by Drunk Driving Accidents
Driving under the influence will cause a driver to have poor judgement on the road as well as decreased motor function, leading him to be unable to steer his automobile well. This can, and will, inflict a plethora of accident injuries which can include:
- Disfigurement
- Psychological injuries
- Injury to internal organs
- Crushed sternums
- Crushed vertebrae
- Fractures
- Brain injuries
- Neck injuries
- Head injuries
Any of these injuries will require significant medical treatment, which doesn’t come cheap. Fortunately, as a victim, you can press charges and demand that the driver-at-fault cover your medical expenses. On top of that, you can also demand remuneration for the accident damages that the driver caused.
Before you do that, you must first figure out what you can demand repayment for and how much the total costs are. Adding to the trouble is the fact that most insurance companies will try to sneakily leave out some things you can actually get paid for so that they can get away with giving you less money.
This is why you should get in touch with a Kentucky drunk driving accident attorney. An experienced accident lawyer is knowledgeable of the state laws surrounding accidents and will take into account the damages that you might be unaware of, which include:
- Present and future hospital and medical bills,
- Emotional distress,
- Pain and suffering,
- Reduction or permanent loss of income due to injuries,
- Lost wages due to missed work,
- Wrongful death damages,
- Medical expenses prior to death,
- Loss of companionship due to the death of a loved one.
These are the more abstract things that you might be unaware you can get compensation for, but we, for a fact, understand that these are some of the most important things that you can lose in an accident. And while they can never be replaced, our Paducah drunk driving accident attorneys believe that the loss of these things is something you should be compensated for, at the very least.
Legal Procedures in a Drunk Driving Accident
When a person commits a DUI in Kentucky, the standard procedure for the police is to file charges against him. This results in a criminal prosecution of the driver, who is now known as the defendant, and can subsequently result in a criminal conviction on DUI-related charges. However, this does not require the defendant to reimburse you, the victim.
To seek financial remuneration, you will have to file a civil lawsuit against the driver. This is also the case for the relatives of a victim who was wrongfully killed in the accident. Of course, this is subject to certain parameters.
To be able to file a personal injury lawsuit, you (or any victim) must have:
- Incurred medical expenses that meet the minimum amount required;
- Suffered any broken bones;
- Received permanent injuries or permanent disfigurement; or
- Suffered loss of life.
If your medical expenses cost less than the minimum amount, you won’t be able to file a lawsuit, but you can still claim personal injury protection from your insurance provider.
Additionally, you can also press charges against an alcohol vendor for serving alcohol to a customer that is obviously intoxicated already — this is just one of the intricacies of DUI and personal injury charges. If you were involved in an accident, don’t hesitate to consult with our personal injury attorneys to know more about what you can do in your accident case.
What to Do if You are Involved in a Drunk Driving Accident
It’s hard to prevent being involved in drunk driving accidents because even if you don’t drink, that doesn’t stop others from drinking and getting you involved. The best we can do is to anticipate these accidents and prepare ourselves so we are prepared in the unfortunate event that we do get involved.
So what is it that you should do if you get hit by a drunk driver?
Ensure your safety.
The first thing to do is to put yourself out of the way of any further harm — pull over your vehicle to the side of the road if it is safe and physically possible to do so. Then, do a physical assessment and see whether you or any of your passengers need any emergency medical treatment.
Report the incident and seek medical help.
You should then call the police and inform them of what happened and where the accident happened. If you find that someone needs emergency medical treatment, you should also request an ambulance with the police.
Take pictures of the accident site.
Once you have attended to the immediate needs of everyone, you should use your phone to take pictures of the scene of the accident, including the crash, damage to the vehicles, and the injuries. You should also look around and see if there were any witnesses — ask for their contact information and keep in touch with them.
Both of these things are critical pieces of evidence that could make or break your case. However, be sure to prioritize your safety and only gather evidence if it is safe to do so. You should also seek medical attention even if you feel fine because some debilitating injuries only show up later, which could also mean too late.
Contact a Kentucky drunk driving accident attorney.
Finally, you should get in touch with our Paducah personal injury lawyers to better understand the laws that surround DUI accidents. Our Kentucky drunk driving accident attorneys at Farmer & Wright PLLC are knowledgeable of these laws and can help you make an informed decision on how you approach this accident.
Call us at 270-387-1414 to schedule a consultation with us today.