In Kentucky, the consequences of drunk driving are far-reaching and devastating. If you've been injured in an accident caused by an intoxicated driver, understanding the right steps to take will make a significant difference in protecting your rights and help secure the compensation you deserve. Here's a step-by-step guide to help you navigate this challenging time.

Step 1: Ensure Safety and Call for Help

Immediately after the accident, prioritize safety. Move to a safe location if possible, but leave vehicles in place if they pose evidence for investigation.

• Contact emergency services: Call 911 to report the accident and request medical assistance. Kentucky law requires drivers to report accidents involving injuries or significant property damage.
• Assist injured individuals: If it's safe, offer help to others injured in the crash until emergency responders arrive.

Step 2: Seek Medical Attention

Regardless of the severity of your injuries, get a medical evaluation promptly. Injuries like whiplash or internal damage may not be immediately apparent but can worsen over time.

• Document your injuries: Ensure your medical provider records all injuries in detail. This documentation will be vital for your personal injury claim.
• Follow treatment plans: Adhering to prescribed treatments demonstrates the seriousness of your injuries and strengthens your case.

According to the Kentucky Traffic Collision Facts report, alcohol-impaired driving accounted for 5,398 crashes in 2022, underscoring the risks on the road.

Step 3: Collect Evidence at the Scene

Evidence gathered immediately following the crash is invaluable in proving fault and determining the extent of damages.

• Photograph the scene:
  • Vehicle damage
  • Road conditions
  • Traffic signals or signs
• Secure witness statements: Collect names and contact details of bystanders willing to provide their account.
• Document police interactions: Obtain the badge numbers of responding officers and ensure the police report notes any indications of intoxication, such as failed sobriety tests or breathalyzer results.

Step 4: Report the Accident to Your Insurance Company

Kentucky drivers must carry personal injury protection (PIP) coverage. This system allows injured parties to file claims with their own insurance, regardless of fault, for immediate medical costs and lost wages.

However, if the damages exceed PIP limits or meet specific thresholds, you can file a liability claim against the at-fault driver. Notify your insurer of the accident promptly, but refrain from making detailed statements until consulting an attorney.

Step 5: Consult a Personal Injury Attorney

Drunk driving cases often involve complex legal and financial considerations. A Kentucky personal injury attorney can:

• Evaluate your claim: Determine the potential value of your case, considering medical expenses, lost wages, and non-economic damages such as pain and suffering.
• Negotiate with insurers: Insurance companies often aim to minimize payouts. An attorney ensures your interests are protected.
• Represent you in court: If a settlement cannot be reached, your attorney can litigate your case.

Step 6: File a Personal Injury Claim

To seek compensation, you may file a personal injury lawsuit against the drunk driver. Kentucky law mandates a one-year statute of limitations for personal injury claims, so act quickly.

Key Elements of a Claim

• Proving negligence: Show that the driver owed a duty of care, breached it by driving intoxicated, and that caused the accident.
• Calculating damages: Consider both economic and non-economic losses, such as medical bills, lost earning capacity, emotional distress, and punitive damages.

Under Kentucky Revised Statutes (KRS) § 411.184, punitive damages may be awarded in cases involving gross negligence, such as drunk driving.

Step 7: Explore Dram Shop Liability

Kentucky's Dram Shop Law (KRS § 413.241) allows victims to pursue claims against establishments or individuals that served alcohol to the at-fault driver if they knowingly served an intoxicated or underage person. This law adds another potential avenue for compensation.

Step 8: Track Your Expenses

Maintain thorough records of all costs related to the accident:

• Medical bills and prescriptions
• Rehabilitation or therapy costs
• Property damage repairs
• Lost wages and future earnings

These documents substantiate your claim and provide clarity on the total financial impact of the accident.

Step 9: Participate in Criminal Proceedings

Drunk driving accidents often result in criminal charges against the at-fault driver, such as a DUI offense. While a criminal case focuses on penalties like fines and jail time, its outcome can support your civil claim. Stay informed about the case's status and collaborate with prosecutors if necessary.

Step 10: Prepare for Settlement Negotiations or Trial

Most personal injury cases resolve through settlement negotiations. However, be prepared to proceed to trial if an equitable resolution isn't reached. An attorney will guide you through the litigation process, ensuring you understand each step.

Conclusion: Protecting Your Rights After an Accident

Being injured by a drunk driver is a devastating experience, but understanding your legal options can help you move forward with confidence. By following these steps, you protect your rights, build a compelling case, and increase the likelihood of obtaining fair compensation.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Kentucky Car Accident Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.