At Sam Aguiar Injury Lawyers, we understand the profound impact a car accident can have on your life and the lives of your loved ones. With our commitment to justice and a deep knowledge of Kentucky’s legal environment, our Lexington car accident lawyers stand ready to defend your rights.

Whether you’re dealing with the complexities of insurance claims or seeking fair compensation through legal action, our team is dedicated to guiding you through every step of the process. We leverage our expertise to ensure you receive the support, advocacy, and results you need to move forward after an accident.

Why Choose Sam Aguiar Injury Lawyers in your Lexington Car Accident Claim

Choosing Sam Aguiar Injury Lawyers in your Lexington car accident claim aligns you with a firm that has experience and a strong commitment to its clients with a team that has a proven record of significant recoveries in car accident cases. Our dedication is evident in our proactive advocacy, ensuring that each one of our clients receives the personalized attention and the highest level of support needed in your legal representation.

Notably, our no-win-no-fee policy underscores a commitment to accessible justice, removing any upfront financial burden from you. Our Lexington personal injury lawyer’s track record in car accident claims is particularly impressive, with substantial settlements and awards that underscore their capability and commitment.

These include separate settlements and judgments in car accidents amounting to:

$1.75 Million
$1.2 Million
$1.2 Million
$1.15 Million
$925,000

These results highlight our firm’s dedication to securing life-changing outcomes for our clients, demonstrating why we are the premier choice for those involved in car accidents in Lexington.

By choosing Sam Aguiar Injury Lawyers, you’re opting for a team that not only has the legal acumen required to navigate complex claims successfully but also values your recovery and well-being, ensuring you receive the compensation and justice you deserve.

Why Use a Lawyer in a Lexington Car Accident Claim

Using a lawyer in a Lexington car accident claim offers many advantages that you will have over the opposing side. We will take into account Kentucky’s “choice no-fault” insurance intricacies and handle the negotiations with insurance companies known for their persistence in minimizing payouts.

We bring to the table our prowess in accurately assessing damages and our skills in gathering critical evidence. If your case escalates to court, having a lawyer with experience in Lexington’s courts can make a significant difference in the outcome. Let us provide you with the peace of mind that comes from knowing your rights are being vigorously protected.

Opting for legal representation in your car accident claim means entrusting your recovery and justice to a professional who understands the unique blend of urban and rural driving dynamics in Lexington, ensuring a tailored approach to securing the compensation you deserve.

Common Causes of Lexington Car Accidents

With Lexington’s distinctive blend of urban and rural landscapes, we see clients who have encountered various scenarios contributing to car accidents. While the root cause of most motor vehicle collisions is carelessness or inattention, there are a variety of ways that can manifest. Here are some causes of Lexington car accidents we have seen at Sam Aguiar Injury Lawyers.

Horse-Related Incidents: Given its status as the “Horse Capital of the World,” Lexington sees a unique set of road hazards, including horse-drawn vehicles and occasional loose horses on or near roadways, especially closer to rural areas and horse farms. These factors can lead to accidents for drivers unaccustomed to sharing the road.
Rural Road Conditions: Many residents and visitors travel between Lexington and surrounding rural areas, where winding roads, limited lighting, and less frequent maintenance can increase the risk of accidents. Seasonal agricultural activities also contribute to unexpected road obstructions or slow-moving farm equipment.
University Traffic: As the home to the University of Kentucky, Lexington experiences significant pedestrian and vehicular traffic related to university events and the general influx of students during the academic year. This concentration of young drivers and heavy pedestrian traffic around campus can lead to accidents, particularly in areas with inadequate crosswalks or during times of low visibility.
Weather-Related Accidents: Lexington’s weather, including sudden storms, snow, and ice in winter, poses challenges to drivers. The city’s location at the boundary of different climatic zones can lead to rapid weather changes, making roads treacherous and increasing the likelihood of weather-related accidents.
Busy Intersections and Highway Congestion: Certain areas in Lexington, such as the convergence of New Circle Road and Man o’ War Boulevard or segments of I-75 and I-64, are known for heavy traffic and congestion, especially during rush hours. These conditions can lead to rear-end collisions, lane-merging accidents, and other traffic-related incidents.
Distracted Driving: Like many urban areas, Lexington faces issues with distracted driving, including the use of mobile phones while driving, which contributes to accidents citywide. Despite statewide efforts to curb this behavior, it remains a leading cause of accidents.

Lexington Car Accident Reporting Requirements

In Lexington, adhering to the state’s reporting requirements following a car accident is crucial for all parties involved. KRS 189.635 states:

“189.635 Vehicle accident reports by operators, law enforcement officers, and agencies — Availability — News-gathering organizations — Contracts with outside entities to provide vehicle’s accident history and electronic access to reports — Administrative regulations — Insurers of train engineers. (1) The Justice and Public Safety Cabinet, Department of Kentucky State Police, shall be responsible for maintaining a reporting system for all vehicle accidents which occur within the Commonwealth. Such accident reports shall be utilized for such purposes as will improve the traffic safety program in the Commonwealth involving the collection, processing, storing, and dissemination of such data and the establishment of procedures by administrative regulations to ensure that uniform definitions, classifications, and other federal requirements are in compliance. (2) Any person operating a vehicle on the highways of this state who is involved in an accident resulting in fatal or nonfatal personal injury to any person or damage to the vehicle rendering the vehicle inoperable shall be required to immediately notify a law enforcement officer having jurisdiction. In the event the operator fails to notify or is incapable of notifying a law enforcement officer having jurisdiction, such responsibility shall rest with the owner of the vehicle or any occupant of the vehicle at the time of the accident. A law enforcement officer having jurisdiction shall investigate the accident and file a written report of the accident with his or her law enforcement agency. (3) Every law enforcement agency whose officers investigate a vehicle accident of which a report must be made as required in this chapter shall file a report of the accident with the Department of Kentucky State Police within ten (10) days after investigation of the accident upon forms supplied by the department. (4) Any person operating a vehicle on the highways of this state who is involved in an accident resulting in any property damage exceeding five hundred dollars ($500) in which an investigation is not conducted by a law enforcement officer shall file a written report of the accident with the Department of Kentucky State Police within ten (10) days of occurrence of the accident upon forms provided by the department.”

What this means is that Kentucky law mandates that any car accident which results in injury, death, or property damage exceeding $500 must be officially reported. In the city of Lexington, this entails filing a report with the local police department, the county sheriff, or the Kentucky State Police, depending on the accident’s location and the responding authority. This reporting process is not only a legal obligation but also serves as a vital step in documenting the incident, which is essential for insurance claims and potential legal actions. It ensures that there is an official record of the event and details the circumstances and outcomes of the accident.

Statute of Limitations in Lexington Car Accidents

The statute of limitations in a Lexington car accident are outlined in KRS 304.39-230 and KRS 413.125:

“304.39-230 Limitations of actions. (1) If no basic or added reparation benefits have been paid for loss arising otherwise than from death, an action therefor may be commenced not later than two (2) years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the accident, or not later than four (4) years after the accident, whichever is earlier. If basic or added reparation benefits have been paid for loss arising otherwise than from death, an action for further benefits, other than survivor’s benefits, by either the same or another claimant, may be commenced not later than two (2) years after the last payment of benefits… 413.125 Actions relating to personal property to be brought within two years. An action for the taking, detaining or injuring of personal property, including an action for specific recovery shall be commenced within two (2) years from the time the cause of action accrued.”

The statute of limitations sets a crucial deadline for filing car accident claims. The timeframe that is essential for victims to meet to seek compensation for injuries and damages sustained. The statute of limitations for personal injury claims resulting from car accidents is two years from the date of the accident. The legal timeframe to initiate legal action is also two years for property damage. Failing to file a lawsuit within this two-year period typically results in the loss of the legal right to pursue compensation through the court system, underscoring the importance of consulting with a knowledgeable Lexington car accident lawyer promptly after an accident to protect your rights and interests.

Kentucky as a Choice No-Fault State

Kentucky operates under a “choice no-fault” system for car insurance, which means that drivers can decide to reject no-fault coverage in favor of a more traditional liability coverage plan. In a standard no-fault state, each driver’s insurance company pays for their own policyholder’s medical expenses, regardless of who is at fault for the accident.

Opting Out of No-Fault Coverage

Drivers in Kentucky have the option to opt out of the no-fault system. By choosing to reject no-fault coverage, a driver retains the right to sue for damages arising from an accident. Opting out allows the driver to pursue legal action for pain and suffering and other non-economic losses from the at-fault driver in the event of an accident.

Who Could be Liable in a Car Accident?

Understanding liability in a car accident involves identifying the parties who may be legally responsible for the damages incurred. Here are the potential liable parties:

Drivers

Often, the drivers involved in the accident are the primary parties considered for liability. A driver’s negligence, such as speeding, distracted driving, or disregarding traffic signals can directly lead to accidents. Determining whether a driver violated traffic laws or failed to exercise reasonable care is essential in establishing their liability.

Vehicle Owners

In some cases, the owner of the vehicle may be held liable, especially if they knowingly loaned their car to an incompetent or unlicensed driver. Owners must ensure their vehicle is roadworthy and that the individual borrowing the vehicle is qualified to operate it safely.

Employers

When a car accident involves a vehicle driven for work purposes, the driver’s employer may be liable under the principle of “vicarious liability.” This holds the employer responsible for the actions of employees if the accident occurs during the course of their employment, such as during a delivery or business trip.

Vehicle Manufacturers

Manufacturers and distributors can be liable if a defect in the vehicle contributed to the accident. This includes faulty brakes, steering issues, or problems with the safety features of the car. A thorough investigation can determine whether a manufacturer’s negligence caused the vehicle to be unsafe for use on the road.

Government Entities

In certain situations, government entities responsible for maintaining roadways may be liable if dangerous road conditions like potholes or malfunctioning traffic lights played a role in the accident. Demonstrating that public entities were negligent by failing to keep roads safe can be complex, requiring detailed evidence and legal expertise.

Plaintiff Shares Fault

In the state of Kentucky, the legal principle of pure comparative negligence is applied when determining liability in car accidents. This means that if a victim is found to be partially responsible for the car accident, their compensation amount will be reduced proportionally to their degree of fault.

For example, if a victim is deemed 30% at fault for the accident, they would be eligible to recover 70% of their total damages.

Working with an experienced lawyer is the best way to determine who is liable for the accident.

Evidence Used to Establish Liability in a Car accident Case

To successfully establish liability in a car accident case, presenting the right evidence is crucial. Gathering comprehensive and convincing evidence strengthens the case and illustrates the extent of negligence by the at-fault party. Below is some of the evidence that is often used:

Eyewitness Testimonies

Eyewitness accounts provide an unbiased perspective on the accident. Their statements can help clarify details, such as who had the right-of-way or whether traffic signals were obeyed.

Photographs and Video Footage

Visual evidence from the accident scene, including photographs of vehicle damage and road conditions, can paint a clear picture of the events. Dashcam or surveillance footage may capture the entire incident, offering valuable insight.

Police Reports

Formal reports constructed by law enforcement at the scene substantiate your narrative of an accident. These reports include observations, witness contacts, and preliminary assessments of fault.

Medical Records

Medical documentation verifies the severity and nature of injuries sustained, providing a concrete link between the accident and any subsequent medical treatments needed by the victim.

Expert Testimonies

Professionals like accident reconstructionists or automotive engineers can offer authoritative opinions on how the accident likely occurred, lending technical credibility to the case. Working with a skilled legal team ensures that all evidence is obtained and presented to establish liability.

Types of Recoverable Compensation in a Car Accident Claim

Understanding the types of compensation available in a car accident claim is important for victims so they have an idea of what to expect. If you don’t know what you’re entitled to, you’ll always end up leaving money on the table. Recoverable types of damages in a car accident claim include the following:

Economic Damages

Economic damages refer to tangible financial losses incurred as a result of the accident. These include medical expenses, lost wages, property damage, and any other out-of-pocket costs related to the incident. This type of compensation is relatively straightforward to calculate, as it is based on actual monetary losses evidenced by bills, invoices, and income statements.

Non-Economic Damages

Non-economic damages compensate for the more abstract, but equally important, impacts of an accident, such as pain and suffering, emotional distress, and loss of enjoyment of life. Unlike economic damages, these losses are more subjective and harder to quantify, often requiring expert testimony to establish their value.

Punitive Damages

Punitive damages are intended to punish and deter egregious behavior rather than to compensate the victim for specific losses. In the context of car accidents, these may be awarded in cases where the conduct of the at-fault party can be proven to involve oppression, fraud, or malice.

(2) A plaintiff shall recover punitive damages only upon proving, by clear and convincing evidence, that the defendant from whom such damages are sought acted toward the plaintiff with oppression, fraud or malice.

These awards are less common and are typically reserved for actions that demonstrate a flagrant disregard for the safety of others.

Contact Our Lexington Car Accident Lawyers Today

If you’ve been involved in a Lexington car accident, it’s crucial to have experienced legal representation by your side. At Sam Aguiar Injury Lawyers, our team is experienced in Lexington car accident claims, offering our experience and compassion to pursue the compensation you deserve. Our attorneys are prepared to guide you through every step of the legal process. We’re committed to advocating for your rights, ensuring that your case receives the personalized attention needed. Don’t let the opportunity for rightful compensation pass you by.

Contact Sam Aguiar Injury Lawyers today for a consultation, and let our Lexington car accident lawyers provide the support and expertise you need during this challenging time.

Lexington Car Accident Attorney