Highways are essential for transportation and commerce in Kentucky, but they are also the scene of frequent and often severe accidents. From distracted driving to poor road conditions, the causes of highway accidents vary. Understanding what contributes to highway accidents can help drivers stay safer and, when necessary, build stronger legal cases after an accident.
We explore the most common causes of highway accidents in Kentucky, examine relevant state laws that govern fault and liability, and discuss what you can do if you or a loved one has been affected by such an incident.
For those involved in an highway accident and are in need of legal assistance, allow the KY car accident lawyers at Brandon J. Broderick, Attorney at Law to help you.
Common Causes of Highway Accidents in Kentucky
Highway accidents are often the result of a combination of human error, environmental conditions, and mechanical issues. Kentucky highways are no exception, with certain patterns and causes consistently standing out.
Distracted Driving
Distracted driving is one of the leading causes of accidents nationwide, and Kentucky is no different. According to Kentucky Revised Statute (KRS) 189.292, texting while driving is prohibited, and all drivers under the age of 18 are banned from using any mobile communication devices. Despite these laws, distracted driving has remained a major reason for accidents. Distractions such as eating, using a GPS, or talking on the phone can divert attention long enough to cause a serious crash.
Speeding
Exceeding the speed limit is another major contributor to highway accidents. Kentucky's speed limits are generally set at 70 mph on rural interstates and 65 mph on urban interstates, but drivers often exceed these limits. Speeding makes it more difficult to slow down or come to a stop quickly, and increases the severity of accidents.
Impaired Driving
Driving under the influence of alcohol or drugs is a well-documented cause of accidents. Kentucky enforces strict DUI laws, with penalties that include fines, license suspension, and even jail time. According to the Kentucky Office of Highway Safety, alcohol-related crashes account for a significant portion of highway fatalities in the state.
Weather-Related Factors
Kentucky experiences a variety of weather conditions, including heavy rain, snow, and fog, all of which can make highways particularly dangerous. Wet or icy roads reduce tire traction, increasing the likelihood of skidding and collisions. Drivers are required by law to exercise extra caution during adverse weather conditions.
Poor Road Maintenance
Potholes, uneven road surfaces, and inadequate signage are common complaints on Kentucky highways. While the state and local governments are responsible for maintaining roadways, negligence in this area can lead to serious accidents. Victims may have grounds for legal action if poor road conditions contributed to an accident.
Fatigued Driving
Many highway accidents involve long-haul truckers and drivers on extended road trips. Fatigue can impair judgment and reaction times, leading to devastating crashes. Federal regulations limit the hours commercial drivers can be on the road, but violations still occur.
Laws and Liability in Kentucky Highway Accidents
Understanding liability and state laws is critical after a highway accident. Kentucky is a "choice no-fault" state, which means drivers can opt for traditional liability insurance or no-fault insurance. No-fault insurance covers medical expenses and lost wages regardless of who caused the accident.
For those who opt out of the no-fault system, liability becomes a key factor. Kentucky is under a comparative fault system where you can be deemed partially at-fault for an accident and your compensation is reduced by the percentage of fault you are assigned. For example, if you are 20% at fault and your damages amount to $100,000, you would receive $80,000.
Steps to Take After a Highway Accident
If you are involved in a highway accident in Kentucky, taking the right steps can make a significant difference in your recovery and legal case.
- Call Emergency Services: Always report the accident to the police and seek medical attention for any injuries.
- Document the Scene: Take photos of the vehicles, road conditions, and any other relevant details.
- Exchange Information: Collect the names, contact information, and insurance details of all parties involved.
- File an Insurance Claim: Notify your insurance company as soon as possible.
- Consult an Attorney: An experienced personal injury attorney can help you navigate the complexities of Kentucky law and build a strong case.
When to Consider Legal Action
While insurance covers many highway accidents, there are situations where legal action may be necessary. For example:
- If the other driver was grossly negligent, such as driving under the influence.
- If the accident involved a commercial vehicle or defective product.
- If road conditions or the lack of signage contributed to the accident.
An attorney can help you determine whether pursuing a lawsuit is in your best interest and ensure that you meet all legal deadlines, such as Kentucky's one-year statute of limitations for personal injury claims.
Call Brandon J. Broderick For Legal Help
Navigating Kentucky car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced car accident lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.