Understanding the specifics of Kentucky car accident law can help you maximize your financial recovery after a crash. Various laws govern the eligibility for compensation for medical bills, lost wages, and other financial losses after a collision. Kentucky law also imposes a deadline for filing a personal injury claim. Knowing what steps to take after an auto accident can protect your rights to demand financial accountability from a negligent driver.
If you have questions about your legal rights and options after a car accident caused by another driver in Kentucky, contact the experienced personal injury attorneys at Morgan, Collins, Yeast & Salyer. Our attorneys are known for standing up for injured Kentuckians who are facing serious injuries.
Kentucky’s “No-Fault” Insurance System
Kentucky uses a no-fault insurance system for car accident cases. Kentucky requires insurance companies to provide policyholders with personal injury protection (PIP) coverage to cover their injuries in a collision, regardless of who caused the collision.
Car insurance policies in Kentucky must include at least $10,000 of PIP coverage. PIP can provide an injured car accident victim reimbursement for medical expenses, lost income, and other out-of-pocket expenses incurred due to injuries. Policyholders can purchase higher amounts of PIP coverage.
Kentucky adopted no-fault insurance systems to reduce car accident litigation and provide injured accident victims with prompt compensation for medical bills or lost earnings. Kentucky’s no-fault system limits the right of an injured car accident victim to file injury lawsuits after crashes. An accident victim must meet certain thresholds to have the right to sue an at-fault driver:
- Incurring at least $1,000 in medical expenses
- Suffering a broken bone
- Suffering a permanent injury
- Sustaining permanent disfigurement
- Suffering fatal injuries
However, policyholders can file a form with the Kentucky Department of Insurance to decline PIP coverage and reject the limitations on their right to sue and be sued after a car accident.
Kentucky’s Statute of Limitations
Kentucky law imposes deadlines on filing car accident lawsuits. Under the statute of limitations, you have two years after suffering serious injuries in a car crash to file a lawsuit against the driver responsible for causing the crash. Courts may extend this deadline in certain circumstances, such as:
- The statute of limitations for a minor injured in a car accident does not begin to run until the child turns 18.
- The limitations period pauses during any period when an injured victim is prevented from pursuing their legal claim due to physical or mental incapacity.
- The limitations period can also pause when the defendant resides outside Kentucky or hides in the state to avoid suit.
Our experienced lawyers will determine the statute of limitations that applies to your personal injury lawsuit and keep track of the filing deadlines to be sure everything is filed in a timely fashion.
Comparative Negligence in Kentucky
In many car accidents, two or more drivers share responsibility for causing the accident. If each at-fault driver bears partial responsibility for the accident, can they still file a lawsuit to recover compensation? Kentucky law permits injured accident victims to seek financial compensation even if they partially caused the accident.
Kentucky follows a pure comparative negligence rule for accident cases. Under this rule, a car accident victim may pursue legal action even if they are partially at fault. However, any fault an injured crash victim bears can proportionately reduce their financial recovery in a car accident lawsuit.
For example, suppose a car accident victim sustains $100,000 in losses, but the jury finds them 25 percent responsible for causing the crash. In that case, the court will reduce the $100,000 verdict by $25,000 to reflect the injured victim’s share of responsibility for causing the accident.
What to Do Immediately After a Car Accident?
After you’ve been hurt in a car crash, the steps you should take immediately after the crash to protect your rights to recover compensation include:
- Check for Injuries and Call 911 – State law requires you to assist anyone injured in a car accident. You should report the crash to law enforcement by calling 911. You should request medical assistance if needed.
- Exchange Information with Other Drivers – The law also requires you to exchange your license and insurance information with the occupants of the other vehicles involved in the accident.
- Take Photos and Videos of the Scene – Take photos or videos of the accident scene, including skid marks on the road, vehicle damage, and the presence or absence of traffic signs or signals.
Other steps you can take in the days and weeks following the car accident include:
- Seek Medical Attention, Even for Minor Injuries – Go to the hospital or see your doctor immediately after the crash to diagnose injuries. Receiving a prompt diagnosis will help link your injuries to the accident.
- Keep All Medical Records – Keep all treatment and rehabilitation records. These records will be critical in supporting your claim.
- File a Police Report – If law enforcement did not respond to the crash scene, you can file a police report to notify the authorities and create a record of the accident.
- Notify Your Insurance Company – Report the accident to your insurance company. Your insurance policy likely imposes a deadline on reporting an accident to protect your eligibility for PIP benefits.
- Contact an Experienced Car Accident Lawyer – Contact an attorney as soon as possible to discuss your case and learn about your legal options for seeking a financial recovery.
Types of Damages You May Be Entitled To
When you’ve sustained severe injuries in a car crash in Kentucky, you may have the right to file a claim against the driver who caused the accident. A car accident claim may help you recover car accident damages such as:
Economic Damages
Economic damages include financial expenses or losses that a car accident victim incurs due to the injuries and property damage sustained in the crash. Common types of economic losses in Kentucky car accident cases include:
- Medical Expenses – A car accident claim can compensate you for medical expenses that exceed your PIP coverage limits. A claim can provide financial recovery for costs of long-term care and support for prolonged or permanent disabilities caused by your car accident injuries, such as home health care or housekeeping assistance.
- Lost Wages – A car accident victim may recover compensation for income lost due to time away from work or reduced earnings while temporarily working in a part-time or light-duty position due to medical restrictions.
- Loss of Earning Capacity – When permanent disabilities prevent you from returning to your job or earning as much as you did before the car accident, you can seek compensation for your loss of future earnings.
Non-Economic Damages
Non-economic damages include intangible losses you suffer due to injuries caused by the car accident, such as:
- Pain and Suffering – You may have the right to demand compensation for physical pain and anguish you experience from your car accident injuries and subsequent medical care.
- Emotional Distress – A car accident claim can provide you with financial relief for the emotional distress and trauma you suffer due to the accident and your resulting injuries or disabilities.
- Loss of Consortium – A spouse of an injured car accident victim can also seek compensation for the loss of their spouse’s companionship and intimacy caused by their injuries.
Punitive Damages
In rare cases, a jury may award a car accident victim punitive damages. Kentucky law permits the recovery of punitive damages in cases where a defendant acted with malice, which means the defendant intended to injure the plaintiff or acted with flagrant indifference to the plaintiff’s rights. For example, a jury might award punitive damages in a car accident case where the at-fault driver chose to get behind the wheel despite consciously feeling too intoxicated to drive safely.
Unlike economic and non-economic damages, punitive damages do not compensate you for financial or personal losses you suffer due to the accident. Instead, punitive damages are intended to punish the at-fault driver for wanton or egregious conduct and deter others from engaging in similar behavior.
How a Kentucky Car Accident Lawyer Can Help?
Hiring a Kentucky car accident attorney can help you recover from a devastating crash by providing the legal counsel you need to navigate the claims process. A lawyer can explain your options, including accessing PIP coverage and determining your eligibility for filing a car accident lawsuit. Your attorney can also take the stress of the claims process off your shoulders by negotiating with insurance companies to secure a fair settlement.
An experienced car accident lawyer will build a compelling case by investigating the accident, gathering evidence, and identifying all liable parties. If the insurance company representing the at-fault party won’t offer a fair settlement, your lawyer can file a lawsuit against the driver responsible for causing the accident and represent you in court.
Contact Morgan, Collins, Yeast & Salyer Today
After you’ve suffered injuries in a car crash in Kentucky, you need to understand your rights and options for seeking compensation for your medical bills and lost wages. Contact Morgan, Collins, Yeast & Salyer today for a free, no-obligation consultation with an experienced Kentucky car accident attorney to discuss how our law firm can help you pursue the financial relief you need and deserve.
