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Kentucky Car Accidents: Risks and Liability

Louisville, KY auto accident attorneyThe National Safety Council has announced a lofty goal of eliminating all road fatalities by mid-century. Road to Zero aims to reduce the 30,000 annual road deaths in the U.S. to zero by the year 2050. The organization believes that just because it hasn't been done doesn't mean it can't be done, noting traffic fatalities declined by more than 11,000 between 1995 and 2011. (They have since rebounded, with 5,000 more deaths reported last year than in 2011.)

Plans include using proven, evidence-based strategies, deploying advanced life-saving technology in vehicles and infrastructure, and prioritizing adoption of a safe-systems approach and a positive safety culture. “Sweden reduced the number of traffic deaths by more than half since the approach was introduced,” said Liisa Ecola, a senior policy analyst at RAND and lead author of the report. “This shows that we in the U.S. can make large strides in traffic safety with existing technologies and policies.”

Kentucky Car Accident Risks Abound this Summer

Louisville car accident lawyers know, of course, that few of these "accidents" are really "accidents." In fact, the National Highway Traffic Safety Administration blames 94 percent of all motor-vehicle crashes on operator error.

Distracted driving, speeding, disobeying traffic laws, poor decision-making, and failure to follow road rules are all among the most common causes of motor vehicle collisions. Heading into the summer driving season is a great time for a refresher on the risks. Your safety is largely in your hands.

Still, far too many crashes are caused by unsafe or dangerous drivers. In such cases, victims are entitled to be compensated for most damages, including property damage, medical bills, lost wages, pain and suffering and the cost of rehabilitation. Too many never fully recover. Setting a high bar when it comes to reducing road risks is something we should all embrace.

The Kentucky Office of Highway Safety reported 770 highway-related road deaths last year. Thus far in 2018, a total of 258 people have been killed on state roads through the end of May.

Liability for Kentucky Traffic Accidents

When it comes to car accident insurance and liability, Kentucky's no-fault system causes much confusion and can make the process more complex. The no-fault system does not mean you cannot collect damages from an at-fault party. The plaintiff can pursue a claim if they have more than $1,000 worth of medical expenses, a broken bone or disfigurement, permanent injury or death.

In fact, Kentucky's pure comparative negligence law (411.182, allocation of fault in tort actions) allows you to recover damages even if you were more at fault than the other driver - something many other states do not allow.

In order to prevail in a Kentucky negligence claim, the plaintiff must prove the defendant owed and breached a duty of care to plaintiff, that defendant's actions or failure to act was the proximate cause of injury, and that the plaintiff suffered actual damages.

An experienced Kentucky injury law firm can assist you in determining current and likely future cost of your injuries; identify responsible parties and their associated insurance companies; and make a claim for an appropriate damage award. In the event of a crash, contact The Whaley Law Firm.


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