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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:
Additional factors that determine whether you can sue a drunk driver also apply:
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:
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:
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.
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:
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.
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:
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:
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:
Justice Injury Law. We get results for the injured. 502-584-5455
Kentucky is a no-fault state and offers drivers two different types of insurance, called “choice” no-fault insurance. You can either purchase no-fault insurance or standard fault-based insurance. The default auto insurance policy is no-fault. If this is the type of insurance you have, then you can recover compensation for your medical bills and other costs from your auto insurance policy. It does not matter if someone else caused the crash. The other driver, if insured, would also file a claim through his or her insurance provider.
Drivers can elect to opt out of Kentucky’s no-fault insurance and purchase a fault-based policy instead. If you want to opt out, you must make this decision when you purchase or renew your policy. It is not something you can change after you have a crash. Regardless of which option you choose, you must carry liability insurance. It is a good idea to review your policy coverages with your insurer every six months or every year to make sure you have coverage that fits your current needs and budget.
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