There were over 125,000 crashes on Kentucky roads in 2014, causing over 23,000 injuries and more than 600 deaths. In 2015, the death toll from Kentucky car accidents rose to 761. The most tragic fact about these injuries and deaths is that the vast majority of car accidents could have been prevented, if only the driver who caused the accident had been paying more attention to the road and traffic conditions. The personal injury attorneys at Stephen M. O’Brien III, PLLC fight hard for the rights of those injured by the negligence of others and work to see that our clients are fully compensated for the damage which has been inflicted on them.
Help with Kentucky’s Complicated No-Fault and Fault-Based Auto Insurance Laws
Recovering compensation for a car accident in Kentucky can be complicated under the Commonwealth’s no-fault insurance system. Initially, Personal Injury Protection, or PIP, insurance should cover up to $10,000 (or more if you have higher coverage) of your medical bills, lost income and other out-of-pocket expenses arising out of the accident. It is not necessary to sue the other driver or prove that the other driver was to blame in order to collect under your PIP coverage. However, in a serious accident, it is not uncommon for your costs to exceed the amount of your PIP coverage. In order to be able to sue the at-fault driver for the full range of legal damages (present and future medical bills, lost wages from missed work or disability, physical pain and suffering, emotional distress, etc.), one of the following conditions must apply:
Your medical bills exceed $1,000
You suffered a particular type of broken bone
Your were permanently disfigured
You were permanently injured
You lost the permanent use of a body function
If one of these conditions unfortunately applies to you, or if you had rejected PIP coverage, then the law allows you to pursue a negligence claim against the at-fault driver. Kentucky law requires all drivers to carry at least $25,000 in liability insurance to cover bodily injury to another, allowing you to be more fully compensated for the damage done to you. If the other driver happened to be uninsured, or if his or her policy limits do not meet your damages, you may be able to make up the difference through a claim on your own Uninsured Motorist/Underinsured Motorist (UM/UIM) coverage.
Stephen M. O’Brien III Can Help with Your Lexington Car Accident Claim
The attorneys at Stephen M. O’Brien are experienced injury lawyers who can represent you in negotiations or litigation against the other driver’s insurance company, or against your own carrier in a UM/UIM claim. Sadly, insurance companies simply do not deal fairly with people who are unrepresented by an attorney. When you are represented by Stephen M. O’Brien, III, PLLC, the insurance companies know that we are serious and have the resources, skills and experience needed to take your case to trial and all the way to a jury verdict if need be. Insurance companies are much more likely to come to a reasonable settlement in order to avoid trial, and if a settlement cannot be reached, we are ready and able to take your case to court to get you the best result possible.
In Lexington, call O’Brien Batten & Kirtley, PLLC at 859-317-2056 for a free consultation regarding your claims for compensation when you have been injured in an eastern Kentucky car accident caused by another’s careless, reckless or distracted driving.