Kentucky Car Accident Law
A car accident can disrupt your life in a multitude of ways. Aside from the physical pain you may endure, you must deal with a damaged vehicle, multiple auto and health insurance companies, doctor visits, time off work, and uncertainty about your future.
Fortunately, Kentucky does have laws in place which can greatly aid you after you’ve been injured in a car accident. Under Kentucky law, your own auto insurance company provides coverage up to $10,000.00 for your medical expenses and lost wages, even if the accident was another driver’s fault. These insurance benefits are commonly known as PIP (Personal Injury Protection).
Additionally, Kentucky law provides that if another driver runs into you, whether you are in your car, or on a bicycle or on foot, the other driver must compensate you for your medical bills, physical and mental pain and suffering, and lost wages. Under the law, these sorts of losses are known as your damages.
However, proving your damages to the other driver’s insurance company can be a complicated process. Oftentimes, the other driver’s insurance company will say that the injuries you say that you received were not caused by the car accident, but by another event. Or, the other driver’s insurance company will say that you were at-fault for the accident even if you weren’t. The other driver’s insurance company may even claim that the medical treatment that you received was not necessary and that they will not pay for it.
Gray Caudill has represented hundreds of individuals who’ve been injured in car accidents, as well as the estates of those killed in car accidents. He has taken car accident cases to trial in multiple Kentucky counties, as well as federal court. He has obtained verdicts for his injured clients in every car accident case he has taken to trial.
Due to the presence of the interstate and several nearby parkways, south central Kentucky sees multiple semi-truck accidents every year.
Reports of big truck collisions in Warren, Hart, Barren, and Simpson counties are all too common to the ears of the residents in our part of the state. According to the Kentucky State Police, there were 9,380 collisions involving trucks on Kentucky roadways in 2016 alone.
When a big truck collision occurs, it is extremely important to contact a knowledgeable lawyer right away. Depending on the situation, a lawyer may immediately summon experts in truck collisions to the location of the accident scene for investigation and analysis. These probes involve photographing the vehicles involved as well as the entire scene including skid marks and property damage. It is important that truck drivers’ logs and black box data be preserved in order to fully evaluate whether the he or she was operating legally and following all regulations required to protect the safety of other drivers.
Big trucks are frequently from out of state. This means that if a lawsuit needs to be filed, then it will likely be tried in federal court.
Gray Caudill has the skill, knowledge, and resources to handle cases against big trucking companies. He has successfully tried cases to a jury in federal court against big truck companies, and has obtained verdicts for his clients. He knows what experts are needed to fully evaluate any wrongdoing by a truck driver or the driver’s company.
Motorcycle accidents usually involve serious injury since there is virtually no protection between the driver and pavement.
Due to the seriousness of injuries often involved in motorcycle accidents, Kentucky law does not require a motorcycle operator to carry the same kind of auto insurance on their motorcycle as the owner of a car or truck must carry – that which could pay for thousands of dollars in medical bills for the injured cyclist.
As a result, victims of motorcycle accidents often have a more difficult time ensuring all of their medical expenses are paid by the at-fault driver’s insurance company. This problem can present an even more difficult situation for a seriously injured victim of a motorcycle accident.
Unfortunately, motorcycle accidents can often be fatal. Local news outlets frequently report on fatal motorcycle accidents on I-65 and Natcher Parkway, as well as throughout Warren County, Edmonson, Logan, Butler, and Simpson counties.
Gray Caudill has represented individuals who’ve been seriously injured in motorcycle accidents. He understands the intricacies of the laws surrounding liability in motorcycle accidents, and the multitude of issues surrounding insurance claims practice.
While ride sharing is a convenient and affordable way to travel, auto accidents are still a threat as much as with any other method of transportation. It is important as ride-sharing companies such as Lyft and Uber continue to thrive that they are made responsible for their part in public safety.
Drivers for these companies are contracted and not employed and are therefore required to have a special amount of liability coverage while serving passengers before and during rides. The drivers’ insurance companies are the ones who are mandated to pay damages if you are involved in an accident while utilizing their services.
Medical Malpractice
If you or a loved one are affected by negligent medical care, you may be considering seeking damages. Medical malpractice suits can be time sensitive and complex cases, so there is no time to waste when deciding to file.
In Kentucky, a health care provider can be one of a number of facilities including an independent practice, pharmacy, imaging provider, or one multiple other business that offer health care and health care assistance. There are also a number of medical practitioners who may be held liable in a malpractice lawsuit.
Updated legislation was passed in 2017 stating that no medical malpractice lawsuit may be filed against a health care facility or provider without the potential plaintiff first filing a complaint with a medical review panel, which would then provide a collective opinion on the merits of the complaint. This piece of legislation, along with the time it takes to investigate medical cases, presents an urgency when it comes to filing suit.
Workers’ Compensation
Lost wages and bills for medical treatment can cause accumulative expenses due to work-related injury.
Employers are responsible for covering all aspects of medical care including pharmaceutical and therapeutic whenever an employee is injured as a result of their job. All employers in the state must carry workers’ compensation insurance, which is expected to directly cover medical bills.
Workers’ compensation laws in Kentucky are available to entitle persons with work-related injuries to medical benefits and wage compensation. Not only are physical injuries covered, but also expenses for mental debility and illness caused by work site conditions. Lawsuits may recover expenses for temporary or permanent disability, or even death.
Bicycle Accident
Cyclists have as much right to use the road as vehicle motorists, but are at risk every day due to little space and sometimes even drivers who refuse to share the road.
As of July 2018, Kentucky law states that drivers must keep their vehicles at least three feet (or use “reasonable caution” when space isn’t available) away from bikers during an attempt to pass. This includes the amount of space from mirrors of large pickup trucks to the bicycle handlebar. Drivers are also now allowed to cross double yellow lines if visibility permits in order to safely pass a cyclist.
These new bicycle right-of-way laws allow for reasonable suits in the case of bicycle accidents where automobiles are involved. You have the right to consider seeking recovery of compensation for medical bills, lost wages and punitive damages if you are injured in a bicycle-auto collision.
Burn Injury
Personal injury caused by fire can result in a long recovery both physically and mentally. Victims have the right to recover compensation whenever someone else is at fault. Types of burn injures may include those of blaze, electrical, thermal, and chemical.
If burn injury is caused as a result of negligence or a wrongful act, the injured party may file a lawsuit against those responsible for punitive damages for pain and suffering, as well as recovery for lost wages and medical costs.
It is helpful for the legal representative of burn victims to have experience and accessibility to professionals who’ve investigated the case and evaluated injuries to determine the amount of compensation is deserved.
Nursing Home Neglect
It is a crime in Kentucky to physically abuse, neglect, or exploit a nursing home resident or his or her property. There are numerous indicators of nursing home neglect that can cause personal injury to a resident, including but not limited to malnutrition, lack of assistance, emotional and psychological abuse, and physical injury.
Kentucky law protects vulnerable adults from abuse, neglect, exploitation, and even death. State resources are in place to help identify situations in which patients are subjected to injury-causing acts by nursing home caregivers.
It is important to keep detailed records of anything deemed suspicious and of concern involving a patient. If you suspect neglect has been demonstrated at the fault of a nursing health care facility, Gray Caudill can help you take the steps necessary to build a case for compensation.
Slip-and-Fall or Premises Liability Law in Kentucky
Kentucky laws involving slip-and-fall cases are updated on a regular basis.
Formerly, if a dangerous condition was “open and obvious” to a visitor of a public building or other property, the person could not recover a reward if they injured themselves due to said dangerous condition.
Kentucky law now holds that a landowner may be held liable if a person falls on their property due to a dangerous condition which is “open and obvious”, but it must be shown that the landowner could have reasonably foreseen a potential injury caused by the dangerous condition, even if said condition was visible.
Basically, a landowner always owes a duty of safety to individuals invited onto their property.
Gray Caudill has represented numerous individuals who’ve been injured due to a dangerous condition on another’s property. In one case, Gray’s client fell from the steps leading to the front door of her apartment, resulting in a broken kneecap and significant bruising on her face and torso. She fell because there was no railing in place and the steps were wobbly. Gray obtained a recovery from his client’s landlord to pay medical bills and compensation for suffering endured as a result of injuries.
Wills & Trusts
Your final wishes should be respected. Gray Caudill offers services in writing legal wills and trusts. A will is a document that explains your arrangements for your dependents and property after you’re gone. A trust is a legal relationship where an owner gives authority of his funds or property to another person or party, called the trustee, so that the funds or property may be held for a beneficiary for a period of time, or distributed to a beneficiary over a period of time. If you are in need of a legal will or trust, contact Gray Caudill Law today.
Spinal or Brain Injury
Brain or spinal injuries are unfortunate possibilities when it comes to bodily harm and can be caused by accident, a wrongful act, or medical malpractice. Different types of injuries such as these can cause longer term and more permanent life changes. These traumatic injuries can affect the ability to function physically, cognitively, and behaviorally.
Victims of negligent or intended wrongful acts that cause brain or spinal damage have a right to special compensation. They may require long-term care with physicians and therapists as an outpatient or at an assisted living medical facility. At worst, victims may suffer unending impairment and demand care for the remainder of their lives. Healthcare costs can be immense, and loss of wages insurmountable or even permanent.
Cases for brain or spinal injury sufferers are comprehensive and require an experienced and skilled attorney.
Wrongful Death in Kentucky
If a person is killed because of someone else’s negligence, Kentucky law allows the representative of the deceased to file a wrongful death lawsuit against the individual who caused the death. The personal representative of the deceased can recover the following in a wrongful death lawsuit:
- The value of wages the deceased would have earned over the course of their working life;
- Punitive compensation for loss of companionship to the deceased’s spouse and/or minor children;
- Funeral and burial expenses.
If the victim remains injured and alive for a period of time after the negligent act of another person, then a recovery for the medical expenses and pain and suffering accumulated while the victim was living may also be available.
In addition to the damages listed above, punitive damages may be obtained if the death was caused by gross negligence or the intentional act of another person or company. These damages are designed to punish the person for their bad act. Punitive damages send a message to society that certain acts will not be tolerated. For example, a drunk driver may be required to pay punitive damages for causing an auto accident.