There are many major life changes that you can plan for, such as getting married, starting a family, or moving to a new home. There are also major unexpected life changes, such as getting involved in a car accident in Lexington, KY.
A wreck like this can be a major inconvenience that forces you to think of an alternative plan for driving to work or school. It can also lead to significant injuries or fatalities. By definition, an accident is unexpected, but that doesn’t mean it is blameless. If the collision you’ve been involved in was caused by another party’s negligence, you have the right to seek compensation for your losses.
In order to find a fair remedy for your auto collision, you need to discuss what happened with an experienced Lexington car accident lawyer. At Thomas Law Offices, we can advocate on your behalf with insurance companies and, if needed, a jury. Our goal is to secure a reasonable resolution in a timely manner. We know that the only way you can move on after a crash is to recover your losses.
Our attorneys represent car accident victims who sustained serious injuries in Lexington, KY, as well as elsewhere in Fayette County and in the Commonwealth of Kentucky as a whole.
Call to schedule a free consultation to discuss your car accident claim.
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Common Types and Causes of Car Accidents in Lexington
When you set up your initial consultation with a car crash lawyer, you’ll be explaining your version of events in your wreck. That begins with establishing the type of accident you were involved in.
Understanding the collision type can help determine who was at fault. Which of the following types of car accidents would apply to what happened to you?
Rear-End Collisions
The most common cause of rear-end collision accidents is not paying attention to the road ahead. For instance, a driver who is in congested traffic takes the opportunity to check their phone. A driver who takes their eyes off the road even for a second can cause them to lose control and slam into the vehicle in front of them. In addition to distracted driving, motorists also cause this type of accident by dozing off at the wheel or following too close.
Although it is easy to assign blame to the car that collides with the vehicle in front of them, that is not always the case. There could be a scenario where a car abruptly stops, forcing the car behind them to collide. Analyzing accidents is why you need a qualified lawyer on your case.
Head-On Collisions
The impact of a head-on collision is more forceful than that of other types of accidents because both cars are heading toward each other and often at accelerated speeds. These types of crashes too often result in serious accidents or fatalities. Distracted driving, speeding, DUI, and reckless driving are the leading causes of this type of collision.
Side-Impact Collisions
When a car hits the side of another car, it creates a “T” shape collision. Side-impact collisions are also called T-bone accidents. These crashes are especially hazardous for drivers and passengers because the sides of cars have less mass than the front or rear end, designed to withstand a collision’s impact and protect the occupants.
These wrecks happen when a driver fails to yield at an intersection or when a driver races through a yellow or red light. Again, it is important for your Lexington car accident attorney to determine who broke the traffic law that caused the crash.
Sideswipe Accidents
Sideswipe collisions happen when two vehicles are driving parallel, and one or both decide to change lanes, catching the other car off guard. This is the type of accident where blind spots contribute. When drivers fail to signal or merge without checking oncoming traffic, a sideswipe will happen. Sideswipe accidents can also set off a chain reaction, where the car being struck is pushed into another car.
Single-Vehicle Collision
A single-vehicle collision involves one car colliding with an object, such as road debris or dropped cargo. In Kentucky, roaming farm animals are a major concern, especially on rural roads. The way to assign blame in these types of accidents is to identify the origin of the object you collide with. For instance, if a farm animal is loose, then the owner of the animal could be held responsible for the accident.
Multi-Vehicle Accidents
Multi-vehicle collisions are classified as accidents involving three or more cars. The more cars involved, the greater the likelihood of injuries. Often, in multi-car wrecks, drivers react to a crash that happens in front of them. They collide into cars because other cars have collided. Or cars can be smashed into each other from behind. This scenario often plays out on roads that are slick with rain or ice during bad weather.
Rollover Accidents
Any of the above crashes can also cause a car to roll over. These are catastrophic accidents that often result in passengers being ejected from the vehicle. There can also be issues in the aftermath, such as fuel spillage, that sparks fire.
Frequency of Kentucky Auto Collisions
Car insurance companies estimate that the average driver will get into one major collision every couple of years. The Kentucky Traffic Collision Facts 2022 Report provides a look at the number of car accidents that happened across our state that year. Here are the facts:
- Collisions With Moving Motor Vehicles – 74,810
- Collisions With Parked Vehicle – 18,334
- Rollover Accidents – 741
- Collisions With Animals – 6,020
Damages in Lexington Car Accident Cases
In the Kentucky Transportation Cabinet report cited above, there’s information about how costly Lexington car accidents and ones occurring in other parts of our state can become. That report breaks down those costs into economic and comprehensive categories, which total $3.2 billion and $18.1 billion, respectively.
Some examples of those economic costs Lexington car crash victims have include:
- Medical bills, including treatment, surgery, tests, and doctor visits
- Medications
- Medical supplies
- Special transportation
- Lost wages
- Future lost earnings (if applicable)
- Car repairs or replacement value reimbursement
Comprehensive costs include those non-tangible losses you sustain following a car wreck in KY, such as the following:
- Pain and suffering
- Loss of quality of life
- Loss of companionship in wrongful death
- Mental anguish
Evidence Needed To Support Your Car Crash Claim in Fayette County
When filing a claim to secure a financial settlement for accident-related costs that someone else caused you to incur, no insurer is going to simply rely on your testimony as proof of what happened. Although that testimony is vital, you will need to produce additional evidence to support your claim, such as:
Crash Scene Evidence
The official report that is generated by the police who are called to the scene provides objective details about how the Lexington car accident happened and who might be at fault. It can also reflect any citations that were issued as a result of the collision. All of that can support your version of events.
There are some Lexington car accidents where the police might not respond. Typically, these might be fender-benders without injuries. However, if the police do not respond, you are required by Kentucky law to file a report if the crash caused injury, death, or property damage exceeding $500.
In addition to the police report, you’ll want to gather additional accident evidence, including the following:
- Witness statements
- Traffic camera surveillance
- Photos and videos of the scene
- Weather reports (if applicable)
- Road conditions
Proving Damages You Incurred
You’ll need to prove all the expenses you’ve incurred due to your involvement in a car accident in Lexington, KY. That may include receipts for:
- Medical expenses, therapy sessions, other health care services
- Rental cars and repairs to your car
You’ll also want to include records of your employment wages. That can cover your lost wages or any future earnings if the injury prevents you from going back to work.
Whether you need assistance in compiling crash scene evidence. proof of damages, or both, this is something that a Lexington car accident lawyer can help you with. So, if you’ve suffered serious injuries in an auto collision in Fayette County or another part of Kentucky, be sure to get in touch with us at Thomas Law Offices to assist you in building your insurance claim or lawsuit. An initial consultation with our legal team is completely free.
Hurdles To Overcome To Have a Successful Lexington Car Wreck Claim
No one likes to give up money. That is especially true of insurance companies. Even though insurance aims to compensate for certain losses, insurers are reluctant to let go of those funds. That is why they will do everything within their power to put up hurdles, such as the following, that you need to overcome with the support of your Lexington car accident attorney.
Comparative Fault
The first hurdle has to do with assigning blame. Kentucky adopts a comparative fault approach to personal injury cases. That means that both drivers involved in a collision could share the blame.
Typically, this is something that the court determines if you file a civil complaint. With a comparative fault, you could be found responsible for 10%, 20%. or more) for the accident. That would mean you would only receive a portion of the final amount.
Insurance companies often use comparative fault to diminish what they pay out. For instance, they might claim that you were speeding, and if you had slowed down, you might have avoided the accident caused by their client.
At Thomas Law Offices, we understand all aspects of the comparative fault rule and will be prepared to counter the arguments presented by the insurance company when handling your Lexington, KY car accident claim.
Statute of Limitations
Another possible hurdle that could stand in the way of you recovering a settlement to pay for your crash-related losses is the statute of limitations. In most states, the statute of limitations applicable in Lexington car accident cases is two years. That means you would have two years from the day of the wreck to file your Kentucky auto collision claim.
However, there are some exceptions to that rule that either reduce or extend that filing deadline out. If you miss taking legal action by the appropriate filing deadline, you may lose your opportunity to seek any legal remedy, meaning you wouldn’t be able to recover compensation in your case.
Given how the statute of limitations can vary depending on the circumstances surrounding your crash case, it’s best if you consult with a Lexington car accident attorney as early as possible after you’ve suffered serious injuries or lost a loved one in a crash such as this. At Thomas Law Offices, we don’t believe finances should be a barrier to you receiving sound legal advice after a car wreck in Fayette County, KY, so reach out to us now for a free case evaluation with a member of our legal team.
How a Lexington Car Accident Lawyer Helps You
Every accident claim is different as it involves a unique set of facts. As hinted at above, if you decide to get legal counsel involved, the process starts with the first free consultation with a car crash attorney in Lexington.
If we agree to take on your case at Thomas Law Offices, you can expect us to devote all our resources to finding a fast resolution. It begins with gathering information about the Lexington car crash and your damages so we can determine where liability lies and properly capture this when ultimately drafting a demand letter to send to the insurance company requesting a settlement offer.
If you find what an insurer ultimately offers is not fair, your Lexington car wreck attorney can counter an insurer’s offer and engage in subsequent negotiation efforts. This process could take several weeks. If the insurance company seems to be delaying their response, we will step in to encourage them to respond.
If an impasse is reached in the negotiations, we’ll discuss the option of taking your case to trial with you. While this might yield the compensation you’re looking for, it could also result in you receiving nothing, as your fate rests in the jurors’ hands.
How Long Will the Auto Accident Claims Process Take in Kentucky?
Filing a car accident claim with a Lexington attorney’s help can take a matter of months, depending on:
- How clear liability is
- How severe your injuries are or whether your loved one suffered a wrongful death in the Lexington car crash
- How much insurance and assets the prospective defendants have
- How far along in treating for your injuries you are
In some cases, claims could be opened and settled in a matter of a few weeks or a short amount of months. In other instances, though, especially if there’s a denial of liability, you’re in the early stages of treatment for your injuries, or your car accident lawyer and the insurance adjuster are having difficulty reaching an agreement, cases may take much longer to settle. This is especially the case if it’s necessary to take your Fayette County car crash case to trial because your requested settlement amount and an insurer’s offer are far apart.
The Thomas Law Offices Difference
Like most anything, you have a lot of choices when it comes to finding a Lexington car accident lawyer to represent you. Not all attorneys who represent victims of Fayette County auto collisions are the same, though.
At Thomas Law Offices, representing Kentucky residents injured due to other parties’ negligence is a large part of what our firm does. See what a difference that focus makes when we discuss your car wreck case with you and your rights in it.
We understand that suffering life-altering impairments like spinal cord injuries or suddenly having your family’s breadwinner from your life is never easy, which is why we want to help alleviate some of the stress that comes with having to deal with insurers at a trying time in your life like this.
This is also why we offer a free consultation to discuss the car accident in Lexington that hurt you or your close family member. We don’t believe understanding your right to take legal action in pursuit of justice should come with a cost.
So, if you’re ready to speak about your case with a car crash attorney in Lexington who can provide you with sound advice, fill out our contact form or call us now.