Understanding Liability & Your Rights
Being involved in a car accident in Kentucky can be a traumatic experience.
On top of dealing with injuries and vehicle damage, you may also face a confusing legal landscape.
Understanding liability – who is legally responsible for the accident in Kentucky – is crucial to recovering compensation for your losses.
This is where an experienced personal injury lawyer in Kentucky can make all the difference.
Kentucky’s No-Fault Insurance & Accidents
Kentucky is a “choice no-fault” auto insurance state.
This means that when you are in an accident in Kentucky, your own Personal Injury Protection (PIP) coverage initially pays for your medical expenses, lost wages, and other out-of-pocket costs, regardless of who caused the accident.
It’s important to note that if you have not filed a form with the Department of Insurance rejecting the no-fault system, you are deemed to have accepted it.
However, Kentucky’s no-fault system doesn’t always preclude you from pursuing a claim against the at-fault driver.
If your medical expenses exceed $1,000, or your injuries are severe (such as a fracture, permanent disfigurement, or permanent injury), you can step outside the no-fault system and file a claim against the negligent party.
A skilled Kentucky car accident attorney, like those at Sam Aguiar Injury Lawyers, can help you determine if your case meets this threshold.
Proving Fault
Even if you’re partly to blame for an accident in Kentucky, you may still be entitled to compensation. Kentucky follows a “pure comparative negligence” rule (Kentucky Revised Statutes section 411.182).
This means your percentage of fault will reduce your compensation.
A seasoned car accident lawyer in Louisville can analyze these facts to prove fault.
Example
If you were found to be 20% at fault for the accident in Kentucky, and your total damages were $100,000, you could still recover $80,000 from the other party.
Determining fault can be complex.
An experienced personal injury lawyer in Kentucky will investigate the accident, gather evidence (police reports, witness statements, photos, etc.), and build a strong case to maximize your compensation.
Who Can Be Held Liable?
Several parties might be responsible for your Kentucky car accident. A thorough investigation by a personal injury lawyer in Kentucky can identify all potentially liable parties, including:
Other Driver
Distracted driving, speeding, drunk driving, and other negligent behaviors can make a driver liable for an accident in Kentucky.
Trucking Companies
If a commercial truck driver caused your accident in Kentucky, their employer may also be held liable, especially in cases of negligent hiring or inadequate training.
Vehicle Manufacturers
Defective car parts, like faulty brakes or airbags, can cause serious accidents. In such cases, the manufacturer may be liable.
Government Agencies
If poor road conditions, like potholes or malfunctioning traffic signals, contributed to your accident in Kentucky, the responsible government entity may be held accountable.
Dram Shop Laws
If the accident in Kentucky is caused by a drunk driver and the driver was served alcohol while they were obviously intoxicated, the bar/restaurant may be held responsible.
Why Contact A Car Accident Attorney
Dealing with insurance companies after an accident in Kentucky can be a frustrating experience.
They may try to minimize your claim or deny it altogether. A knowledgeable Kentucky car accident attorney on your side levels the playing field.
Sam Aguiar Injury Lawyers understands the complexities of Kentucky’s no-fault and comparative negligence laws.
We have a proven track record of success in helping clients injured in accidents in Kentucky get the compensation they deserve.
We are committed to providing personalized attention and fighting for your rights.
A personal injury attorney can investigate your accident and determine who is responsible. Don’t navigate the aftermath of a car accident in Kentucky alone.
Contact Sam Aguiar Injury Lawyers for a free, no-obligation consultation if you’ve been injured.
We serve clients throughout Kentucky, including Louisville, Lexington and Elizabethtown.
Contact us today for a free case evaluation and begin your journey toward justice and compensation.
Call us at 502-888-8888 or fill out our online contact form.
