Accidents involving motor vehicles may take place in a matter of seconds and leave victims with physical and mental anguish, as well as financial challenges and injuries that have a lasting impact on their life.
According to data provided by the Kentucky Transportation Center, the state of Kentucky experienced over 100,000 vehicle accidents in 2013, with over 18,000 of those incidents being categorized as injury accidents.
If you are involved in an automobile accident, whether as a driver or a passenger, you will most likely experience a significant amount of anxiety and be unsure of what steps to do next. Accidents involving cars could be considered a normal part of life, but individuals needlessly enduring pain is not. If you have been hurt, you should seek the counsel of an experienced automobile accident lawyer in Louisville, Kentucky, who can assist you in navigating the challenging legal procedure that lies ahead.
Automobile collisions are difficult to navigate in any state, but the legal framework in Kentucky is particularly convoluted, and the state’s regulations are subject to frequent revision.
It is imperative that in the event that you are involved in a vehicle accident of any kind, you seek the aid of a knowledgeable and experienced car accident attorney who is able to guide you through the process and is familiar with the applicable Kentucky laws. Victims of vehicle accidents frequently have the misconception that all they need to do is get in touch with the insurance agent of the individual who hit them. Car accidents, on the other hand, become a lot more difficult to deal with when it comes time to seek compensation for injuries that may have been caused by another person.
What to Do in the Event of an Automobile Accident in Louisville, Kentucky
Accidents that occur on roadways can be brought on by a wide variety of different things. Intoxication, negligent driving, distracted driving, and a lack of driving experience can all be contributing issues. It is important not to undervalue the mental and physical toll that the victim experiences as a result of the incident, regardless of the cause. When you’ve been in a vehicle accident, the days and weeks that immediately follow might feel like a flurry of uncertainty. A vehicle accident attorney in Louisville may walk you through the process of filing a claim, explain your legal options, and assist you in taking the necessary measures to do so before the statute of limitations passes as described in KRS § 413.140.
Take note of the following steps to do after a car accident:
- Assessment of Your Medical Condition: The first thing you should do after being in a vehicle accident is to get checked by a doctor. This is especially important if you were hurt in the collision. Even if the injuries appear to be slight, it is imperative to rule out any potential long-term damage that may not be immediately apparent in the aftermath of the incident.
- Documentation: You should take as many notes as possible on the accident and its aftereffects. If you are able to do so, you should document the accident site with pictures, making sure to get shots of both your vehicle and your injuries. Maintain detailed notes of everything, from the police report you get at the scene to the date and substance of any correspondence you have with the other person, including any and all texts, emails, and phone calls.
- Seek Legal Counsel: There is a common misconception among drivers that in order to make a claim, they must first prove that they were completely blameless in the accident. This is not the case in the state of Kentucky. It is recommended that you get in touch with a vehicle accident attorney in Louisville in order to receive an explanation of Kentucky’s legal rules as well as your rights. If required, a lawyer will be able to file your claim before a judge on your behalf, handle all correspondence with the opposing party and insurance providers, and lead you through the subsequent processes.
Legal obligations pertaining to car accidents in Kentucky
Kentucky is a “choice no-fault” state, which means that injured parties can file injury claims regardless of who was to blame for the accident. Regardless of who was responsible for the accident, the injured person will go via their own insurance carrier to seek reimbursement for their medical costs and any other financial losses that resulted from the event.
In addition, drivers in the state are mandated to have a certain type of auto insurance coverage, known as a Personal Injury Protection (PIP) policy. The personal injury protection (PIP) benefits cover up to $10,000 for medical bills, lost wages, and other “out of pocket” expenditures that are a direct result of injuries sustained in an automobile accident.
Nevertheless, because Kentucky is a choice no-fault state, the injured party always has the option to opt out of the no-fault vehicle insurance system and choose to bring a lawsuit against the party they perceive to be at blame instead. This is because Kentucky is a choice no-fault state. You are required to put your choice to reject the no-fault system in writing and submit it on the Kentucky No-Fault Rejection Form. You will submit the paperwork to the Department of Insurance in the state where you live.
Insurance requirements in Kentucky
In the state of Kentucky, drivers are obliged to have a minimum amount of “liability” automobile insurance coverage. This type of coverage is often reserved for the party who is found to be at fault in a motor vehicle accident.
The following are the minimum liability coverage required in Kentucky:
- $25,000 for each individual injured in a single accident, regardless of whether or not they die.
- $50,000 in the event that two or more individuals are injured or die as a result of a single accident.
$10,000 in compensation for damage to property resulting from a single incident.
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Claims-related Legislation in the state
The statutes of limitation for bringing claims or the maximum amount of damages that may be sought by victims are governed by the following state laws in each state:
The applicable statute of limitations
A claim must be filed by an individual who was injured in a motor vehicle collision within two years of the date of the injury or the date of the last personal injury protection (PIP) payment, as stated in Section KRS 304.39-230 of the Kentucky Revised Statutes (KRS). This time limit is specified in the statute. According to Kentucky Revised Statute 413.140, claims for “loss of consortium” (sometimes known as “loss of love and affection”) must typically be filed within one year of the date the damage occurred. This is the case even whether the plaintiff is a husband, parent, or minor child. Within two years of the date of the accident, a lawsuit must be filed in order to receive compensation for losses sustained by a vehicle or other personal property as a result of the car accident (Kentucky Revised Statutes Section 413.125.).
Fault comparison in the state of Kentucky
The Commonwealth of Kentucky is considered to be a “pure comparative fault” state according to section 411.182 of the Kentucky Revised Laws. This implies that the amount of damages you may be able to obtain in a case involving an automobile accident is decreased by the proportion of blame that you held in the event. You may still be able to recover damages even if it is determined that you were 99 percent responsible for the accident.
Unjustified loss of life
A death that occurs as a direct result of another person’s reckless or careless behavior is considered to be wrongful death. Bringing a case for wrongful death allows the surviving family members of a person whose death was caused by another party’s negligence to seek financial compensation for their loss.
In accordance with the provisions of Section 411.130 of the Kentucky Revised Statutes, “When a person dies as a result of an injury that was caused by another person’s negligence or wrongful act, it is possible to recover damages for the death from the person who caused the injury, or from the person whose agent or servant caused the injury. This is the case even if the injury was caused by a third party. If the behavior was intentional or the level of negligence was extreme, punitive damages may be awarded.”
Who is eligible to bring a lawsuit for wrongful death?
The personal representative of the deceased individual is the one who is required to bring forward the wrongful death lawsuit in accordance with Section 411.130 of the Kentucky Revised Statutes. But, in the event that damages are awarded as a result of the wrongful death allegations, they will be paid to the estate as well as any surviving family members.
Work with trusted and experienced car accident attorneys in Kentucky
The time immediately following an accident involving many vehicles might be difficult to make sense of. If the accident is severe, it may have repercussions for you not just physically but also emotionally and financially. You don’t have to go through it by yourself if you don’t want to. If you or a loved one has been injured in a car accident, one of the most critical steps you should do to protect your rights and obtain the compensation you are entitled to is to retain the services of expert attorneys.
Car accident lawyers have committed their lives to representing clients in personal injury lawsuits, particularly those involving automobile accidents. We are able to serve as your legal guidance by:
- Strive hard to defend your interests and defend your rights
- Provide a complete analysis of the matter, as well as carry out an in-depth and private investigation
- Collect and make a record of all pertinent information, including all required proof, medical paperwork, and witness accounts
- Make an effort to demonstrate responsibility and culpability by gathering evidence
- Find out the entire extent of your injuries and make a rough estimate of how much your case is worth
- Talk to the insurance company about reaching a reasonable settlement
- To the extent that it applies, file a case for bodily injury or wrongful death on your behalf
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