Kentucky Distracted Driving Accident Lawyers
Getting into a car accident with a distracted driver can result in serious injuries, high medical bills, the inability to work, pain and suffering, and other significant losses. At Bryant Law Center P.S.C., our Kentucky distracted driving accident attorneys can help you seek financial recovery for the damages you suffered. We are highly experienced and empathetic to the traumatic time that you are going through. We can help you pick up the pieces and move forward after a devastating car accident.
What Makes Us Unique?
- Our Kentucky personal injury attorneys have recovered over $100 million in past verdicts & settlements.
- We know how to go up against auto insurance companies, even if this means going to trial.
- We have the financial resources and staff to handle complex car accident cases.
- Our lawyers always put their clients first and go the extra mile for positive outcomes.
- We charge $0 in upfront fees; you won’t pay unless we win your distracted driving accident case.
What Is Distracted Driving?
Distracted driving occurs when a motor vehicle operator fails to pay proper attention to the road or the driving task. If a driver becomes inattentive due to any type of distraction, such as eating fast food or reading a text message, his or her driving abilities become compromised. The driver may be unable to notice changing roadway situations or react in time to avoid an accident due to the distraction.
Distracted Driving Facts and Statistics
National statistics show that distracted driving is one of the most common causes of vehicle accidents every year. The National Highway Traffic Safety Administration (NHTSA) reported 3,142 deaths due to crashes involving distracted drivers in 2019. This accounted for 9 percent of all traffic deaths. Without distracted drivers on the road, an estimated 26,000 lives would have been saved from 2012 to 2019.
According to statistics from the Kentucky State Police, driver inattention contributed to 35,345 statewide traffic collisions in 2020 – 35.07 percent of the total number of accidents. This was the highest contributing crash factor. In addition, driver distraction contributed to 4,564 accidents. Combined, distraction and driver inattention took at least 138 lives in Kentucky in 2020 and injured thousands of others.
Is Distracted Driving Illegal in Kentucky?
While Kentucky does not have any laws specifically prohibiting distracted driving, it does have laws pertaining specifically to cell phone use while driving, reckless driving and other moving violations. Reading, writing or sending text messages while driving is prohibited in Kentucky for all drivers. Drivers under the age of 18 cannot use cell phones for any reason – either hands-free or handheld.
It is common for a distracted driver to break traffic laws and commit moving violations, such as breaking the speed limit and running red lights. These infractions could lead to citations, even though distracted driving itself is not against the law in Kentucky. Furthermore, Kentucky Revised Statute Section 189.290 prohibits reckless driving, which it defines as failing to operate a vehicle in a careful manner and with regard for the safety of others.
Examples of Driver Distractions
Today’s drivers are more likely to drive distracted than previous generations. This is due largely to technological influences, such as cell phones and in-vehicle infotainment systems. Statistics show that the number one cause of driver distraction connected to car accidents is cell phone use. Texting and driving is the most dangerous form of driver distraction, although many types of distractions can endanger lives:
- Changing the radio station
- Looking at a map or GPS
- Chatting with passengers
- Dealing with kids or pets
- Reading a billboard
- Personal grooming
Texting and driving is more dangerous than other forms of distraction because it diverts a driver in three ways: manually, visually and cognitively. If a driver takes his or her eyes off of the road to read a text for even 5 seconds while traveling at 55 miles per hour, this is equivalent to driving across a football field blindfolded. If you suspect that the driver who crashed into you was distracted, you may have the right to hold him or her financially responsible (liable) for your losses.
When Is a Distracted Driver Liable for a Car Accident in Kentucky?
Kentucky is a “choice no-fault” state. This means that unless drivers opt out of the no-fault system, they will file claims with their own car insurance companies for compensation after collisions, regardless of fault. However, if you have injuries that require more than $1,000 in medical care, a broken bone, a permanent injury or permanent disfigurement, you will have the right to file a lawsuit outside of the no-fault system. In this scenario (or if you opted out of no-fault insurance), you can bring a lawsuit against the distracted driver for causing your crash.
A lawyer from Bryant Law Center P.S.C. can help you prove your case by searching for, preserving and collecting evidence of distracted driving. This evidence may include the other driver’s cell phone records and driving history, as well as eyewitness statements, surveillance footage, the police report and your medical records. The evidentiary standard in a car accident claim is that what you are claiming is true with at least a 50 percent certainty. We can help you build a compelling case to improve your chances of recovering fair and full financial compensation.
How Long Do You Have to File a Claim Against a Distracted Driver in Kentucky?
If you get injured in a car accident involving a distracted driver, you have no more than one year from the date of the collision to file an injury claim in Kentucky. This is what is known as the statute of limitations. With only some exceptions, the courts will refuse to hear a case that is brought after the deadline. This is why it is essential to contact an attorney about your case as soon as possible.
Speak to a Kentucky Distracted Driving Accident Lawyer Today
Bryant Law Center P.S.C. cares about our clients. We will be with you through every phase of a distracted driving car accident case in Kentucky, striving to achieve the results that you and your family require. We don’t represent insurance companies or businesses; we represent the people. Find out how we can help you during a free consultation. Speak to a car accident lawyer in Kentucky about your case today at (270) 550-1230. We also take inquiries online and will respond promptly. We are your local injury law firm in Kentucky.