Kentucky has numerous narrow state roadways, which contribute to a high number of crashes. In fact, 60% of the state’s major roads have a lane width of 10 feet or less. If you find yourself in a serious crash, you might want to consider filing a claim for the damages if the circumstances appear to merit such a claim.
First, seek appropriate medical attention. After that, you should learn about Kentucky’s rules governing motor vehicle collisions and car accident compensation laws. This post will give you an idea of how the legal process works in cases such as yours. Here are some things you should know:
Reporting of the Accident
In Kentucky, you should file a report to the local police if an accident resulted in injury, death, or property damage over $500. If no investigation takes place at the scene, you should file a report as soon as your medical condition permits.
Kentucky’s Statute of Limitations
The state’s Motor Vehicle Reparations Act provides a two-year statute of limitations for motor vehicle-related injuries where PIP benefits are available. HOWEVER, there are circumstances where your statute of limitations may be only one year from the date of your injury. So, you definitely need to consult an attorney as soon as practicable after the incident to confirm, with certainty, how long you have to legally commence a claim for your injuries. Failure to legally commence a claim within the proper statute of limitations can result in your claim being barred.
Pure Comparative Fault Rule
In Kentucky, it’s possible to file a personal injury claim even if you’re primarily at fault. This is called pure comparative negligence. It means that the judge or jury will compare the percentages of fault for each person involved then reduce each of their damages accordingly. For example, if you suffered $10,000 worth of damage, but you are 50% at fault, you’ll only receive $5,000.
Kentucky also has a no-fault rule for insurance claims related to car accidents. In this system, your insurance will pay for medical expenses and other losses up to a specified limit without you having to file a lawsuit. You also have a choice to opt out of the no-fault rule by filing a form with the state’s Department of Insurance. Consult an attorney before doing so, however.
Talk to a Lawyer to Know More
Kentucky’s car accident compensation laws can be confusing. It’s a good thing that the lawyers from Vanover, Hall & Bartley are here to guide and help you understand the specifics.
Our lawyers are knowledgeable when it comes to Kentucky’s personal injury laws. They will do their best to help you understand the process and get you the appropriate compensation. Give us a call today to learn more.