injered in car accident

If you’ve been hurt in a car accident in Kentucky, turn to the professionals at Morgan, Collins, Yeast & Salyer for the help you need to pursue the justice you deserve. The effects of a car accident are devastating, inflicting severe injuries and financial strain that can turn your life upside down. If you’re facing mounting medical costs, lost wages, and repair bills after a car accident, a Manchester car accident lawyer at Morgan, Collins, Yeast & Salyer can help you pursue compensation for these and other losses.

Let us handle your case so you can focus on your health and well-being. Contact us today for a free consultation with an experienced auto accident attorney.

Causes of Car Crashes

Car accidents happen far too often in Kentucky. According to the Kentucky Transportation Center, nearly 110,000 collisions on public roads occurred statewide in a recent year. One in 150 Kentucky residents suffered injuries in those collisions. One in 3,609 Kentucky drivers died.

Common causes of car accidents include:

  • Driver distraction or inattention – Data shows nearly 45,000 accidents occurred due to driver distraction or inattention in one recent year. No other contributing factor comes close to causing so many accidents in Kentucky.
  • Driving under the influence of drugs or alcohol – Car accident statistics from the National Highway Traffic Safety Administration (NHTSA) show alcohol-impaired drivers killed nearly 200 people in one recent year in Kentucky. Drugs, including illicit, over-the-counter, and prescription drugs, can also impair a person’s ability to drive.
  • Speeding – According to NHTSA data, 162 speed-related fatalities occurred on Kentucky roadways in one recent year. Speeding is dangerous because it prevents drivers from reacting to avoid a collision. It also increases the velocity of the impact of a crash, resulting in more severe injuries.
  • Disobeying traffic signs and lights – According to Kentucky authorities, nearly 3,700 accidents occurred in one recent year due to drivers violating traffic signs and lights. Running red lights or rolling through stop signs dramatically increases the likelihood of collisions.
  • Failing to yield – Drivers must yield the right-of-way in various situations, such as when merging into traffic, turning right at a stop sign, or turning left at an intersection. Failure to yield the right-of-way to other vehicles can cause catastrophic collisions.
  • Following too closely – Statistics show just over 6,000 collisions in Kentucky in one recent year were caused by drivers following other cars too closely.
  • Fatigued driving – Driving while tired can impair a person’s ability to focus, concentrate, and react to hazards. If a driver falls asleep behind the wheel, even for a moment, they may lose control of the vehicle, resulting in catastrophic accidents.
  • Vehicle malfunctions – Not all car crashes result from driver error. Sometimes, vehicles break down due to faulty parts. One of the most common causes of accidents due to malfunctions is defective brakes. Other vehicle malfunctions may include steering, tire, or headlight failures. When a vehicle malfunction causes an accident, the manufacturer may be liable.
  • Roadway hazards – Construction zones, debris on the road, potholes, and other hazards can cause serious car accidents. In some cases, the state or local agency responsible for maintaining the roads is liable for accidents caused by these hazards.
  • Poor weather conditions – Inclement weather, such as rain, ice, or snow, can make roads slippery, causing vehicles to lose traction and spin out of control. Wet roads contributed to nearly 10,000 Kentucky car accidents in a recent year.

Typical Injuries in Car Accidents

Car accidents can inflict terrible injuries on everyone involved. It’s essential to see a doctor immediately after a car accident, even if you feel OK. Some serious conditions take hours, days, or even weeks to develop symptoms.

Common car accident injuries include:

  • Cuts and lacerations
  • Broken bones
  • Soft tissue injuries
  • Whiplash and other neck injuries
  • Back injuries
  • Traumatic brain injury
  • Spinal cord injury
  • Internal organ damage
  • Internal bleeding
  • Amputation
  • Burns
  • Scarring and disfigurement
  • Death

Finding Fault in Car Accidents in Manchester, KY

If you were injured in a car accident in Kentucky, determining liability for your injuries may depend on several factors. Kentucky adheres to a choice no-fault system for auto insurance and car accident claims. This law will affect your steps after being injured in a car accident.

Under the no-fault insurance system, injured drivers pursuing compensation for medical bills and other financial losses must file claims with their own insurance providers first. This insurance, known as personal injury protection (PIP), is available to a policyholder regardless of who is at fault for the accident. Generally, the no-fault system prevents drivers from filing claims or lawsuits against other parties except in certain circumstances.

In Kentucky, drivers can opt out of the no-fault system, which means they choose not to carry PIP insurance. An injured motorist who has opted out of PIP is not eligible to receive benefits from their own auto insurance policy and must purchase liability insurance with these minimums:

  • Body injury liability of $25,000 per person/$50,000 per accident
  • $10,000 in property damage coverage

Alternatively, a driver can carry $60,000 in combined liability coverage. When a driver who opted out of PIP insurance causes a crash, anyone they injure may sue them for compensation.

However, state law establishes exceptions to the rule barring a liability claim or car accident lawsuit against someone with PIP insurance.

Even if both you and the at-fault driver have PIP insurance, you could seek compensation from them if you suffered:

  • $1,000 or more in medical expenses
  • Permanent disfigurement
  • Fracture of a bone
  • Any permanent injury
  • Any permanent loss of body function

Anyone pursuing a liability claim or lawsuit against another driver will need evidence to prove that driver caused the accident and consequently is liable for their losses.

A lawyer could use the following types of evidence to establish fault in a car accident case:

  • Medical records
  • Photos and video of the accident scene
  • Witness statements
  • The official police accident report
  • Testimony from medical experts and accident reconstruction experts
  • Driving and cell phone records
  • Toxicology test results
  • Physical evidence

Car Accident Settlement Amounts

The amount of compensation you might receive from a car accident settlement depends on several factors, including:

  • Whether you have PIP insurance coverage
  • The severity of your injuries
  • How long you are out of work due to your injuries
  • The strength of the evidence against the at-fault driver
  • The egregiousness of the at-fault driver’s actions
  • The quality of your legal representation

For accident victims with PIP coverage, insurance will pay up to $10,000 for:

  • Medical expenses
  • Lost wages
  • Other accident-related expenses, such as the cost of hiring a housekeeper if you are unable to perform household tasks

PIP insurance will cover the injured policyholder as well as the following individuals:

  • Anyone driving the policyholder’s vehicle at the time of the accident
  • Passengers in the policyholder’s car when the crash occurs
  • A pedestrian or bicyclist who gets hit by the covered vehicle

While the minimum amount of PIP coverage in Kentucky is $10,000, drivers can purchase a more generous PIP policy if they choose. PIP insurance does not compensate accident victims for non-economic losses, such as physical pain and suffering, mental anguish, or emotional distress.

Drivers in Kentucky who are eligible to file a claim or lawsuit against the at-fault party may be able to seek compensation for the following financial and personal losses:

  • Medical expenses, including hospital stays, doctor’s visits, physical therapy, medications, and medical equipment
  • Lost wages
  • Loss of future earning capacity
  • Physical pain and suffering
  • Mental anguish
  • Emotional distress
  • Disfigurement and permanent scarring

Whether you are filing a PIP claim with your insurance or pursuing compensation from the at-fault driver, an experienced car accident attorney can help you maximize your settlement amount. A lawyer will calculate your financial losses and place a fair value on your personal losses to ensure you seek the full compensation you deserve. Having a lawyer on your side to negotiate with the insurance companies and represent your interests during settlement talks can help you achieve the best possible outcome.

Get Immediate Assistance from a Manchester Car Accident Lawyer

If you suffered injuries in a car accident in Manchester, KY, you could be entitled to compensation for your medical bills, lost wages, repair bills, and more. Get immediate assistance from the Manchester car accident lawyers at Morgan, Collins, Yeast & Salyer. Our proven car accident lawyers understand Kentucky’s complicated no-fault insurance system and can pursue maximum compensation to help you recover from your injuries and rebuild your life. Contact us 24/7 at (877) 809-5352 for a free consultation.