Car Accident Attorneys in Lexington, Kentucky
When you have been involved in a car accident, you face big challenges ahead of you. Not only do you have to deal with mounting medical bills, difficulty earning a living, and pain and suffering, but you also must navigate the legal process to obtain compensation. Fortunately, you can make your life easier by working with an experienced car accident attorney.
At Wilson & McQueen, PLLC, our motor vehicle accident attorneys in Lexington, Kentucky, know what it takes to build a strong case on behalf of clients and help them receive the compensation they deserve. We understand how confusing the time after a car crash can be, which is why we are here to answer your questions and provide you with guidance throughout the process. We also serve the surrounding area, including London, Nicholasville, Richmond, and Georgetown.
Common Causes of Car Accidents
Each year, hundreds of thousands of Americans are injured and about 40,000 die in motor vehicle accidents across the United States, according to the Insurance Institute for Highway Safety (IIHS). The vast majority of car accidents occur when one of the drivers fails to exercise reasonable care and acts negligently. In car accidents, negligence can take many forms, including but not limited to:
failing to yield the right of way
failing to maintain a safe following distance
driving too fast for weather conditions
poor vehicle maintenance
Not all car accidents are the drivers’ fault. Sometimes, other factors – such as poor road conditions or defective vehicle parts – can contribute to collisions. Our attorneys at Wilson & McQueen, PLLC, can help you uncover all possible causes of your accident by conducting an in-depth investigation.
What Are Kentucky’s Car Accident Laws?
After being involved in a car accident in Kentucky, there are some state laws that could potentially affect your claim and ability to obtain compensation, including:
No-fault insurance system. Kentucky has a no-fault insurance system in place. However, unlike many other no-fault insurance states, Kentucky allows drivers to opt out of the system. With no-fault insurance, you can obtain coverage for any expenses and losses associated with a car accident regardless of fault. When an accident occurs, drivers turn to their own insurance carrier for compensation and cannot sue the other driver unless specific conditions are met (e.g., the victim suffered a permanent injury). Those who opt out of the no-fault system, on the other hand, can take legal action against the other driver but cannot obtain compensation unless they prove the other party’s fault.
Comparative fault. Kentucky follows a pure comparative fault rule, which can affect your compensation. Under this rule, each party’s compensation is reduced by the degree of their own fault. For example, if Driver A was speeding and is deemed 30% at fault for the accident while Driver B was drunk and is 70% at fault, Driver A’s compensation will be reduced by 30%. Even Driver B can obtain compensation, which will be reduced by 70%, even though they were mostly at fault because Kentucky’s pure comparative fault rule allows you to collect damages even if your fault equals 99%.
Statute of limitations. If you are eligible to file a lawsuit against the at-fault driver (or opted out of the no-fault system), you should be aware of Kentucky’s statute of limitations. Under this law, you must file a lawsuit within two years from the date of the car crash or the date you receive your last no-fault insurance coverage payment, whichever occurs later. If you don’t file a lawsuit within the two-year period, you lose your right to sue.
If you need help navigating Kentucky’s car accident laws, contact Wilson & McQueen, PLLC today. Our Lexington car accident attorneys can guide you through each stage of the claims process and explain the laws that may affect your ability to recover damages.
How Can a Car Accident Attorney Help You?
The aftermath of a car accident can be overwhelming and exhausting. However, you do not have to go through this alone. You can seek the assistance of our attorneys at Wilson & McQueen, PLLC to help you with the following:
Investigating the accident. The success of your claim for compensation depends on your ability to support your claim with sufficient evidence proving your medical bills and other expenses and losses. An attorney will investigate the facts of your accident and help you collect important evidence, including witness statements, photos, police and forensic reports, and more.
Proving fault. Your attorney will also help you prove the other party’s fault and defend you against allegations that you share fault for the accident to avoid a reduction in your compensation.
Protecting you against the insurance company. Insurance companies care about their bottom line, which is why they routinely deny and undervalue claims. Your attorney will not let that happen. Your attorney will protect your rights and ensure that you receive the compensation you deserve.
Fighting for you at trial. If the insurance company is not willing to settle your claim for a fair amount or your insurance coverage is not sufficient to pay for all your expenses, you need an attorney to take your case to court and represent you at trial.
It all starts with a call. Wilson & McQueen, PLLC offers free case evaluations so that you can learn about your legal rights and options without risking further financial hardship.
Car Accident Attorneys in Lexington, Kentucky
If you have been in a car accident, you deserve compassionate and diligent representation from attorneys who understand what you are going through. At Wilson & McQueen, PLLC, we can provide you with personalized attention and reliable representation throughout the claims process. Reach out to our car accident attorneys in Lexington, Kentucky, to schedule a free consultation and get started on your case.