Drunk Driving Accidents

If you have a traditional fault-based policy, and you have a case, then you may be able to sue the at-fault driver.

Drivers who have no-fault insurance in Kentucky cannot sue an at-fault driver for damages unless their case meets one of the following criteria:

• Medical bills of at least $1,000 or greater
• Fracture of a weight-bearing bone, such as the tibia, hip joint or lower spine
• Permanent disfigurement or scarring
• Permanent loss of a body function
• Compound, displaced or compressed fractures of any bone
• Other permanent injuries

Additional factors that determine whether you can sue a drunk driver also apply:

Was the Driver Legally Drunk?

Driving drunk is illegal in Kentucky, as in most states. However, the burden of proving it falls on the victim in a car crash injury case.

Calling police to the scene of a crash may help you with this. Under the law, you must call police to the scene of a crash anyway if there is $500 or more of property or vehicle damage or if anyone has been physically or fatally harmed. Upon arrival, responding officers will investigate the scene of the crash, speak to all those involved in the crash, as well as any witnesses, and document their findings in a report.

Officers are trained to assess drivers who may be over the legal alcohol limit. For instance, they may note that there are open containers in the car or smell alcohol on the driver’s breath. When talking to that individual, they may notice slurred speech or other behaviors that indicate alcohol consumption.

When officers suspect someone is under the influence, they may do a breath test at the scene of the crash to determine whether that person is over the legal alcohol limit. Alternatively, a blood test may be done to help determine the level of alcohol in the blood.

In Kentucky:

• A driver is considered drunk if their blood alcohol concentration (BAC) level is .08 or higher.
• A high BAC is one that is .15 or higher.
• It is illegal for drivers under the age of 21 with a BAC of .02 or higher to get behind the wheel.

Was the Drunk Driver at Fault for the Crash That Caused You Harm?

If a drunk driver was involved in your crash, he or she will face the penalties for driving under the influence. However, the law does not automatically assume negligence or fault for a crash, even if someone is drunk. Negligence is something you or your attorney will need to prove. To do this, your attorney will have to establish that:

• The driver owed you a legal duty to prevent causing you harm.
• The driver breached that duty, such as by speeding or driving through a red light.
• That breach led to a crash that injured you and resulted in damages, such as medical costs, property damage and lost wages.

This is why calling an attorney sooner rather than later is a good idea. He or she can begin protecting your legal interests and gathering the evidence you need from day one.

Does the Dram Shop Law Apply to a Drunk-Driving Car Crash Case?

Kentucky Revised Statute section 413.241 states that alcohol vendors cannot be held responsible for the actions of an intoxicated individual. However, there are a couple of exceptions:

• A vendor sold alcohol to someone who was already intoxicated at the time
• A vendor sold alcohol to someone who was under the legal drinking age

These cases are rare, complicated and hard to prove, but you can discuss this with your attorney as it may result in additional compensation for your medical costs and other losses.

What Compensation Can I Recover for a Drunk Driving Car Crash Case in Louisville?

If a drunk driver caused the crash that resulted in your injuries and other losses, you may be eligible to recover compensation.

Compensation that may be available to you after a crash with a drunk driver in Louisville may include:

• All necessary and related medical costs
• Lost wages if you have to miss work while recovering
• Future earnings if your injuries impact your ability to work in the future
• Property damage
• Pain and suffering damages, such as emotional distress, physical pain and post-traumatic stress disorder
• Punitive damages, which are intended to punish the defendant, may also be possible if the actions are considered to be reckless or intentional

What Kinds of Injuries May Occur in Drunk Driving Crashes?

The type of injuries you could suffer in a drunk driving crash depends on many factors, including how fast the vehicles were going, whether those involved were wearing seatbelts and what part of the car was struck. These and other factors have a significant impact on the type and severity of injuries that may occur in a crash involving a drunk driver.

Often-seen injuries from drunk-driving crashes may include:

• Whiplash
• Facial injuries
• Spinal cord injuries, including paralysis
• Neck injuries
• Multiple fractures
• Crush injuries
• Back injuries
• Traumatic brain damage or other types of head trauma
• Sprains, strains and tears
• Skull fractures
• Death

What Should I Do After a Crash Involving a Drunk Driver?

If you were injured in a crash caused by a drunk driver, you should take the following steps to protect your health and any potential car crash claim you may need to file to recover damages:

• Check yourself and others for injuries.
• Call 9-1-1 to get police and medical assistance to the crash scene.
• If possible, take photos of the crash scene, your injuries and vehicle damage. DO NOT, however, risk your safety or the safety of others to do so. Take photos from where you are.
• If your vehicle is movable and still in the flow of traffic, try to safely move it off of the road.
• If you must exit your vehicle, such as if your car is on fire, stay calm and check for traffic before exiting.
• Accept medical attention offered by emergency medical technicians (EMTs) at the scene
• Seek immediate medical attention at a nearby hospital for full diagnosis and treatment of your injuries. This step protects your health while also connecting your injuries to the crash that caused them. Doing this is vital to any potential claim you later file.
• Call an experienced attorney to ensure you have someone to manage your case and protect your legal interests.