Auto Accidents

Is Kentucky a No Fault State?

Yes; as a no-fault state, Kentucky drivers must carry no-fault auto insurance which should cover medical bills, lost wages, and other expenses that arise out of a car accident, regardless of who is at fault. No-fault insurance is also known as personal injury protection (PIP) insurance, so be aware that this portion of your auto insurance will not cover car damage. Property damage, collision, and comprehensive coverage typically will cover car repair costs.

What Are Your Rights as a Car Accident Victim?

Car accident claims are centered on proving that another’s negligence caused an accident and preventable injuries. When it comes to the personal injury claim process, car wreck victims will need to explore the underlying cause of their accidents in order to hold the appropriate at-fault party liable for their damages. These parties often include drivers who act negligently (drive drunk, drive distracted, violate traffic laws, etc.), as well as trucking companies that commit safety violations, bus operators that employ unfit drivers, and product manufacturers that make defective auto parts, among others.

How Much Can You Get From a Car Accident Settlement?

Depending on the unique facts of your case, our team can help you pursue a recovery of your damages from the appropriate party by establishing the essential legal elements of a personal injury claim. This involves proving:

• The existence of a legal duty – Victims must demonstrate that a legal duty existed between themselves and the party whom they allege is to be held liable for their damages. For example, every motorist on the road has a legal duty to safely operate their vehicle, and an obligation to take reasonable steps in reducing risks faced by others on the road.
• A breach of duty – A breach of duty typically involves negligence. For example, a motorist who drives distracted commits an act of negligence that explicitly shows a failure to uphold their duty to safely operate a vehicle. This is because any driver knows that choosing distractions over the primary task of driving is inherently unsafe and that it puts others in harm’s way.
• Causation – Victims must further prove that the other party’s act of negligence (or breach of duty) more likely than not caused their accident and injuries. This can be demonstrated through a presentation of the facts, including evidence that injuries could and should have been prevented had a driver not committed their act of negligence (such as driving distracted, driving drunk, or violating a traffic law).
• Damages – In order for car accident claims to have merit, victims must have suffered actual damages. These damages can include the economic and non-economic losses associated with their injuries, including medical costs, lost wages, and pain and suffering, among others.

It is important to understand that while victims have the right to recover damages, compensation is never guaranteed. This is due not only to the fact that negligence, fault, and liability must be clearly established but also because insurance companies who represent at-fault drivers care more about profits than they do people. This is why they often leverage resources to dispute or deny claims, or pay victims as little as they possibly can. By working with one of our Louisville car accident lawyers, however, you can level the playing field with these corporations, and position yourself in the best possible way for success.