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:
- Psychological injuries
- Injury to internal organs
- Crushed sternums
- Crushed vertebrae
- 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.
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
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.
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.
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.