Kentucky’s Unique Car Accident Injury Laws: What You Need to Know
In legal matters, as in life, it’s always important to understand the rules by which you’re expected to abide. This is particularly true of personal injury matters pertaining to car accidents, and our state, Kentucky, can actually serve as a good example.
The team at Regard Law Group has gathered some general info about how car accident claims are handled in Kentucky. Below, we’re going to explore some key points we think any motorist should bear in mind.
“No-Fault” Car Insurance?
Kentucky is what’s known as a no-faultcar insurance state. This means that liability claims or lawsuits against an at-fault driver are not possible unless certain specific exemptions apply (more on those exemptions in just a moment!)
Essentially, this means you must first file a claim under the personal injury protection coverage you already have to seek compensation for medical expenses or other losses after a crash, despite who may have caused it.
Car accident claims that meet certain statutory thresholds, however, can be exempt from no-fault rules, including:
- Any accident in which at least $1,000 in medical bills are incurred.
- Accidents in which serious compound, displaced, or compressed fractures or fractures of weight-bearing bones occur.
- Accidents featuring permanent disfigurement, injury, or loss of bodily function in the claimant.
Understanding the Statute of Limitations
Knowing the timeframe for filing a lawsuit is also vital.
- Kentucky Revised Statutes (KRS) section 304.39-230 generally dictates a two-year statute of limitations for personal injury lawsuits arising from car accidents in which a claimant is able to step outside the “no-fault” system.
- This means you usually have two years from the date of the accident (or the last date no-fault benefits were received) to initiate legal action.
- Missing this deadline could significantly compromise your ability to recover compensation.
Consulting with a Kentucky personal injury lawyer can help determine if any exceptions apply to your specific case.
Comparative Negligence: Sharing the Blame, Sharing the Compensation
Kentucky also follows a “pure comparative negligence” system, which is outlined in KRS section 411.182. This means the amount of compensation you receive in a car accident lawsuit will be proportional to your degree of fault for the accident.
- For instance, if the court finds you 20% at fault for the crash and awards you $100,000 in damages, your final recovery would be reduced by 20%, resulting in $80,000.
- The concept of pure comparative negligence allows for compensation even if you’re partially to blame. However, the burden of proving the other party’s negligence and the extent of your damages falls upon you.
Since it’s not really possible to use empirical information alone to determine fault, a skilled Kentucky car accident lawyer is invaluable. They can investigate the accident, gather evidence, negotiate with insurance companies, or effectively present your case in court, maximizing your chances of a successful outcome.
With a deep knowledge of the law, top negotiating skills, and decades of trial experience, the Lexington-based legal team at Regard Law Group, PLLC, is here to help. From personal injury and wrongful death claims to the intricacies of breeding contracts, we will ensure that justice is served and you receive the compensation you deserve. Contact our office to schedule an initial consultation or get more information about our services. We’re available on the phone 24/7.