Hit By A Drunk Driver In Kentucky?
Our Louisville car accident lawyers can help you hold the driver accountable
Car accidents caused by drunk drivers in Kentucky might seem like straightforward claims. The other driver was under the influence of alcohol. They caused your crash. They should be held responsible for your accident.
Unfortunately, many of these injury claims turn out to be far more complicated. Sometimes, it’s because the at-fault driver denies being drunk at the time of the accident. Or they might try to claim you somehow caused the crash. Other times, it’s their insurance company that does everything it can to reduce or deny your injury claim.
The experienced Louisville car accident attorneys at the Whaley Law Firm know how to handle such complex legal cases. That’s because we have years of experience fighting for the rights of people injured in car crashes caused by drunk drivers throughout Kentucky. When you have our legal team on your side, you can take an aggressive approach and demand the money you deserve.
What should I do if a drunk driver causes an accident?
If a driver under the influence of alcohol has caused your car crash, take the following steps right away:
- Call the police and tell them you have been in an accident caused by a drunk driver.
- Do not try to talk to the driver before police arrive. The driver could be dangerous and unpredictable.
- If someone saw your accident, get the person’s full name and contact number. That way, police and other investigators can talk to the person later.
- Take pictures of your accident, especially the point of impact.
- Seek immediate medical attention right away.
- Once police arrive, ask the investigating police officer for the other driver’s full name, address, driver’s license number and insurance information.
- Do not discuss your accident with anyone at the scene of the crash.
If your accident happened a few hours or days ago, take the following steps:
- If you have not already done so, seek medical attention. Even if you feel fine, have a doctor examine you right away. You could have a life-threatening internal injury and not even realize it.
- Call your insurance company and tell them you have been in an accident caused by a drunk driver. Keep your comments brief.
- If the other driver’s insurance company contacts you, don’t talk to them. Anything you say could be used as evidence to deny your injury claim.
- Call a lawyer as soon as possible. That way, you can learn more about your legal rights.
Can I sue a drunk driver?
In many cases, you can file a lawsuit or take legal action against the at-fault driver. However, it also may depend on what type of car insurance you have in Kentucky. This is because the state has what’s known as a “choice no-fault” car insurance system. Under this system, drivers have the option to opt out of the state’s no-fault car insurance system, giving them the right to file a lawsuit or take other legal action.
You might also be able to file a lawsuit against the bar or liquor store that sold alcohol to the drunk driver. This is especially true if the driver was visibly intoxicated when they bought more alcohol, then caused your accident. In such cases, you might be able to take legal action against the business due to Kentucky’s “dram shop” laws governing the sale of alcohol.
If you do decide to file a lawsuit, be aware that you only have a limited amount of time to take legal action in Kentucky. The deadline (known as the statute of limitations) is two years from the date of your accident. If you miss that deadline, you could miss out on your only opportunity to get the money you rightfully deserve.
What are my legal options?
You generally have two options when it comes to injury claims involving car crashes caused by drunk drivers in Kentucky:
- Negotiate a settlement with the at-fault driver’s insurance company.
- File a civil lawsuit against the at-fault driver. Note that this is distinct from any criminal charges that may be brought by the Commonwealth of Kentucky against the drunk driver – and you can win your civil case even if the driver is not convicted in criminal court.
In each case, having an experienced attorney on your side can make a dramatic difference in the outcome of your legal case. That’s why it’s critical that you have an experienced attorney on your side. Your lawyer can explain the benefits of different options, then serve as your legal advocate throughout your case.
How much is my accident claim worth?
There’s no set dollar amount when it comes to injury claims involving drunk drivers. The bottom line is you should be financially compensated for all past, present and future expenses related to your accident. Such expenses can include:
- All medical treatment related to your accident, including emergency medical care, surgical procedures, follow-up doctor’s appointments and physical therapy.
- The cost of repairing or replacing your damaged vehicle.
- Replacement income if you cannot work while you’re recovering from your accident.
- Lost future income if you cannot return to work due to a permanent disability.
- Pain and suffering in certain circumstances.
Don’t simply assume you can’t demand full compensation for your accident-related expenses. Even if insurance company representatives deny or try to reduce your claim, talk to an attorney as soon as possible. We can review your case with you and give you a better idea of just how much your injury claim might actually be worth.
You have rights. We can fight for them. Contact our Louisville law firm
Many law firms talk about what they can do for accident victims. At the Whaley Law Firm, we believe actions speak louder than words. When you have our dedicated legal team on your side, we can demand the money you deserve. We know how to negotiate effectively with insurance companies. We understand how the legal system works when it comes to drunk driving accidents. That’s why we have such a strong track record of success.
Put your trust in a law firm that puts your needs first. Contact us and schedule a free case evaluation with a Louisville car accident lawyer who will fight for your rights. You can reach us online or call (866) 703-7575 to make an appointment.