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Kentucky is home to some of the most dangerous roads in the country, including I-71 and I-75, which run through Lexington. When motorists on these roads operate their vehicles in a reckless manner, other drivers are put at risk for debilitating or life-threatening injuries.
At Morgan & Morgan’s Lexington office, our lawyers have witnessed the serious injuries that car accident victims can suffer and are committed to holding negligent drivers accountable for their actions. We have extensive experience handling auto accident injury cases, successfully recovering compensation for medical bills, pain and suffering, and other losses on behalf of our clients.
If you or a loved was involved in a car, truck, or motorcycle crash with another driver and sustained grave injuries, we may be able to help you find out whether you are eligible to file a lawsuit. To reach out to us and take the first step, please complete our free case review form today.
What Should I Do Following an Accident?
Insurance companies handle accident insurance claims on a daily basis and have developed certain tactics to persuade claimants into agreeing to low-ball settlement offers. Your lawyer, who will be familiar with these tactics, can handle discussions with insurance companies on your behalf. This can help ensure you receive the compensation to which you are entitled.
Automobile Accident Lawsuits
Your attorney’s initial investigation can be imperative to the success of your auto accident lawsuit. The evidence of the cause of the accident and negligence of another party will be used as leverage in negotiations, or as the foundation for a lawsuit if negotiations are unsuccessful.
Automobile accident lawsuits are generally pursued under one of two theories of liability—negligence and product defects—regardless of the vehicle involved. Different vehicles, including cars, motorcycles, ATVs, and trucks, each have different driving and insurance regulations that may alter how your lawsuit is approached.
Should your attorney decide to pursue a claim based on the other party’s negligence, he or she will have to prove some avoidable act—breach of duty—directly caused the injury you sustained in the accident.
If s a defective product in one of the vehicles contributed to your injury, they may be able to pursue a lawsuit based on strict liability, in which they must only prove a defect existed at the time of manufacture and that you sustained an injury.
Lexington Motorcycle Accidents
Injuries sustained in motorcycle accidents are typically more serious than those caused by traditional car crashes. Motorcyclists are provided limited protection by their bikes and often do not receive the proper level of care from other motorists. In most cases of motorcycle-automobile collisions, the biker is not at fault. In fact, the Hurt Report estimates that two-thirds of motorcycle accidents occur when a motorist fails to recognize the approaching biker and violates his or her right of way.
In Kentucky, motorcyclists are not required to purchase PIP insurance in addition to their regular auto insurance; however, if they do not have uninsured driver insurance and are involved in an accident, they will be required to cover the first $10,000 in damages. If another party was at fault, the biker may be able to file a lawsuit seeking compensation for losses that were not covered by insurance.
The amount of time a motorcyclist has to file a lawsuit will depend on the insurance they have elected to carry. A biker who has PIP insurance is allowed more time following the accident to file a claim when compared to a motorcyclist who does not have PIP or uninsured motorist coverage. Motorcycle accident lawsuits should be handled by an experienced lawyer who can complete a thorough investigation to uncover the evidence and testimony needed to support your case.
Lexington Truck Accidents
Truck drivers and trucking companies that are involved in interstate commerce are required to adhere to local, Kentucky state, and federal driving laws, as well as a set of trucking regulations created by the Federal Motor Carrier Safety Administration. These regulations limit the amount of time a driver may consecutively spend at the wheel, and regulate alcohol and drug (including prescription) use, speed limits, and logging and maintenance requirements.
While motor vehicle accidents may involve two to three parties, truck accidents are considerably more complicated. Trucks are manufactured, purchased, maintained, owned, leased, operated, and insured by several different entities, each of which may be liable for damages resulting from a crash. Following the accident, the truck’s insurer will immediately send investigators to the scene to gather as much evidence as possible to mitigate their liability for the crash.
During his or her investigation, your attorney may consult experts, such as doctors and accident re-constructionists, and determine whether any defects may have contributed to the crash.
Other Automobile Accidents and Injuries
Our lawyers handle personal injury cases involving:
- ATVs (quads)
- Railroad accidents
These accidents can result in impairments including, but not limited to fractures; spine, back, and neck injuries; lost-limbs; organ damage; traumatic brain injuries; paralysis; disability; broken bones; disfigurement; amputations; and death.
What Is My Case Worth?
Compensation that may be available in accident lawsuits will vary between cases; however, common damages may include current and future medical expenses, lost wages, loss of future earning capacity, pain and suffering, loss of consortium (intimacy and caring), rehabilitation, and cost of future medical equipment or nursing care.
If you have lost a loved one in an accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your losses. In addition to the above damages, you may be entitled to loss of support, as well as funeral and other related costs.