How to Find a Lawyer for a Kentucky Distracted Driving Accident
Distracted driving accident in Kentucky pose a serious threat to residents and highway safety, as crashes involving distracted drivers are steadily on the rise.
Driving while distracted is one of the leading causes of devastating accidents. According to the National Highway Traffic Safety
Administration (NHTSA), there were 3,308 distracted traffic fatalities in the United States in 2022, and hundreds of thousands suffered from injuries because of this reckless behavior. Many preventable distracted driving vehicle incidents involve cell phone use, such as drivers texting and making phone calls.
Those impacted in these injury crashes may struggle with overwhelming medical bills and other expenses, as a car accident can cause you to sustain any number of injuries.
If you experienced a vehicle crash caused by driver distraction, you shouldn’t have to pay out-of-pocket for property damage and medical expenses from car accidents. In the event your Kentucky no-fault insurance coverage doesn’t cover everything, you can file a personal injury claim against the distracted driver.
For experienced legal guidance in the Bluegrass State, contact Rhoads & Rhoads, P.S.C. Attorneys at Law. Our skilled and dedicated attorneys specialize in handling car accident and personal injury cases.
Compensation for Distracted Driving Accidents
You’ll need to prove that the distracted driver was at fault for your vehicle accident to recover compensation. For that reason, your personal injury claim should include evidence corroborating that the other motorist either broke driving laws or acted negligently, leading to the car accident. The other driver had a duty to maintain focus behind the wheel, so they should be liable for expenses.
Common forms of evidence in distracted driving crashes include:
- Photos and videos
- Eyewitness statements
- The police accident report
- The distracted driver’s cell phone records
- The distracted driver’s social media activity
The amount of compensation you can recover in a personal injury claim or lawsuit is contingent on your losses. Personal injury claims are meant to reimburse injured victims for financial damages and pain and suffering, and your specific losses will determine your settlement amount.
Compensation for Distracted Driving Accident Injuries
- Property damage
- Past and future medical bills
- Lost wages
- Loss of future earnings
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
Tragically, not all distracted driving victims can seek justice and damages — numerous Kentucky residents have died in fatal crashes caused by distracted drivers.
Do you have a family member who was killed in a fatal crash? In Kentucky, a personal representative of your loved one’s estate can file a wrongful death claim against the negligent motorist. While only the representative may file a wrongful death claim, the decedent’s family is entitled to compensation. Also, a spouse or a minor child (under 18) can file their own individual loss of consortium claim after the death or loss of a family member.
Types of damages you may be able to recover for distracted driving fatalities or in a wrongful death claim or lawsuit include:
- Funeral and burial costs
- Loss of earning capacity
- Loss of financial support
- Loss of a parent
- Loss of consortium
- Pain and suffering
What Is Distracted Driving?
According to the Office of Highway Safety, distracted driving is a leading cause of motor vehicle accidents in Kentucky, and avoiding distractions is critical for your safety.
For an action to be considered distracted driving, it must take the driver’s attention away from the road. While most people are aware of the
risks of cell phone use behind the wheel, many forms of distracted driving are incredibly hazardous, such as eating, self-grooming, or handling a GPS device. Even a passenger can be a serious liability if they distract the driving motorist.
If a driver’s eyes are off the road for even 3.5 seconds while driving 60 miles per hour, it’s like driving the length of an entire football field blindfolded. (A football field is 360 feet long! That’s far too long to take your eyes off the road.)
How can you reduce the risk of causing a distracted driving accident?
Avoid distractions at all costs when operating a motor vehicle, especially texting. Inattentive driving is never worth it. It’s best to turn off your phone notifications before you begin driving. That way, you won’t be tempted to engage in texting when receiving a notification for a text message.
Types of Distracted Driving
According to the Centers for Disease Control and Prevention (CDC), there are three main types of distracted driving:
Visual Distractions: Distractions that take the driver’s eyes from the road. Common visual distractions include texting or reading texts, looking at a GPS navigation device, and looking at a passenger.
Manual Distractions: Distractions that take a driver’s hands away from the steering wheel. Some examples of manual distractions include eating, drinking, texting, and adjusting a GPS navigation device or another electronic device.
Cognitive Distractions: Mental distractions that take a driver’s brain activity and attention away from driving. Common cognitive distractions are listening to music and podcasts, talking to passengers, and daydreaming.
While other forms of inattentive driving are certainly dangerous and are a major factor in accidents, using a smartphone is especially deadly. Texting and utilizing a cell phone reduces your reaction time and greatly increases your likelihood of experiencing a crash. Sending a text message combines all three types of distracted driving, as it requires your eyes, hands, and mental attention.
Younger drivers are especially at risk of texting while driving because they are less experienced drivers and are more likely to engage in cell phone use behind the wheel.
Fortunately, Kentucky’s distracted driving laws forbid motorists from driving while using cell phones. Distracted driving laws prohibit drivers from texting and reading messages while their vehicle is in motion.
Using a cell phone while driving is often considered reckless driving, and a first offense will likely cost you four points against your license as well as a fine.
How Long Do You Have To File a Claim Against a Distracted Driver in Kentucky?
In many cases, those who are injured or suffer losses from someone else’s negligence have one year to file a personal injury case. However, in cases where the injury occurs because of a motor vehicle like in driving distracted crashes, victims have two years from the date of the accident to file personal injury claims. However, even in motor vehicle cases where wrongful death occurs, claims for loss of consortium still only have a one year statute of limitations, and you will likely not be able to recover compensation if you wait more than a year.
Get started with your claim immediately. You’ll want ample time to gather evidence and build your case, so consider consulting a Kentucky personal injury attorney as soon as you can.
Common Distracted Driving Injuries
The average vehicle weighs around 4,000 pounds, so it’s not surprising that the impact of crashes can cause numerous types of injuries. While the majority of accidents involving distracted driving only cause minor or moderate injuries, a person driving distracted and not fully paying attention can potentially result in catastrophic or even fatal injuries.
The most common distracted driving injuries include:
- Traumatic brain injuries
- Spinal injuries
- Cuts and lacerations
- Contusions
- Fractures
- Soft tissue injuries
- Whiplash
If you’ve been injured in a collision caused by a motorist driving distracted, you should seek immediate medical attention.
Contact Rhoads & Rhoads for a Kentucky Distracted Driving Accident
Don’t wait to get started with your distracted driving legal case — get in touch with a Kentucky personal injury attorney. You can take the first step today by getting in touch with Rhoads & Rhoads,http://270-216-3902 P.S.C Attorneys at Law.
You can schedule your free consultation by calling our Kentucky office at 270-216-3902 or contacting us online here.