Kentucky Auto Accident Lawyers Are There When You Need Them
When a negligent driver causes an injury, disability, or death we advocate for you and your family
According to recent National Highway Traffic Safety Administration (NHTSA) statistics, in 2014 Kentucky experienced 672 traffic fatalities, in which nearly three-quarters (74 percent) involved passenger vehicles and 13 percent involved motorcycles. The remaining 13 percent involved pedestrians, bicyclists, and other kinds of vehicles. Non-fatal auto accident injuries numbered in the thousands.
Although Kentucky is a no-fault insurance state, the law allows injured motorists to bring a suit if their losses reach a certain level. However, if they opt to file a lawsuit, compensation is awarded according to the parties’ comparative negligence. For this reason, the legal process in Kentucky auto accident lawsuits can be complex. If you are injured in an auto accident, consult one of the Kentucky auto accident attorneys at CPW Law. We are thoroughly experienced in Kentucky motor vehicle law and have an impressive record of accomplishment for successful trial outcomes and negotiated settlements. Our attorneys help clients throughout Kentucky, including in Lexington and Louisville.
What are some major causes of auto crashes?
Car collisions can be the result of many different factors, including:
- Driver error. Speeding, following too closely (“tailgating”), failure to signal during lane changes, disregarding traffic signs or signals, and driving under the influence of alcohol or drugs. In 2014, 171 (25 percent) of Kentucky’s highway fatalities involved alcohol impairment and 125 (19 percent) involved speeding.
- Failure to properly maintain a vehicle. Failing to keep critical apparatus in good working order, especially tires, brakes, and lights.
- Distraction. Anything that diverts a driver’s attention from the road and onto other things inside or outside the car, especially using a cell phone to talk or text.
- Poor roadways. Insufficient length of entry and exit lanes, ambiguous or absent traffic signs, and absence of lane designations and reflectors.
- Manufacturing defects. In a limited number of cases, defective designs or components may cause an accident or injury, such as susceptibility to over-steer or rollover.
How do Kentucky’s auto insurance laws affect injured drivers?
Unlike other states with “no-fault” auto accident laws, Kentucky is a “choice no-fault” state. This is an important distinction. In a typical no-fault car insurance system, drivers involved in auto accidents normally turn to their own auto insurance carriers, no matter who was at fault, unless their losses reach a stated amount. Kentucky drivers, however, can choose to opt out of the state’s no-fault system at the outset, and purchase traditional tort-based coverage. Drivers who have chosen to remain in the no-fault can still file a liability claim if their damages have met the threshold.
Suppose negligence is involved?
Kentucky is also a pure comparative negligence state. If a driver injured in an auto accident brings a suit, any compensation he/she may be awarded is based on the degree to which both he/she and the other driver shared the responsibility for it. The insurance carrier of the driver who is at fault must pay, but its payments are reduced in the same proportion as the other driver’s responsibility. For example, suppose the jury finds that Driver A was 60 percent responsible and Driver B was 40 percent responsible. Driver A’s insurance company has to pay Driver B, but it can reduce its payments by 40 percent. Thus, if B sustained $1,000 worth of damages, they would receive only $600.
If you are injured in an auto accident, let our Kentucky lawyers be your advocates
If you are injured because of another’s negligent driving, you should contact an experienced Kentucky auto accident lawyer as soon as possible. The attorneys at CPW Law fight aggressively to protect your interests and have established a reputation for obtaining fair judgments and settlements for their clients.
Your case is important to us, and we want to help. Please call us today at 877-686-8879, or fill out our contact form to schedule a free, no-obligation consultation with a Kentucky auto accident attorney. We see clients in Lexington, Louisville, and across the state.