The very first thing your lawyers will do is investigate the drunk driver and their financial means.
Louisville, KY – The year the pandemic started saw a marked increase in alcohol consumption all over the US and this led to a record number of drunk driving accidents on US roads. According to the National Highway Traffic Safety Administration (NHTSA), 2020 was the deadliest year for DUI crashes in over a decade. Nationwide, more than 11,000 people died in drunk driving accidents.
In Kentucky, the rise in alcohol-related traffic fatalities was above the national average. In 2020, in Kentucky, there were 199 DUI crash fatalities, up from 151 the previous year. This represents a 31.8% increase, more than twice the national average of 14.3%.
If you or a loved one were recently involved in this type of crash, you need to contact seasoned
Louisville/Jefferson County DUI accident lawyers to see what your legal options are.
What does it mean that Kentucky is a no-fault state?
Kentucky is a no-fault state, which means that a driver can recover damages from their own insurance company no matter who was responsible for the crash. All drivers in Kentucky must have Personal Injury Protection (PIP) which will cover a certain part of your medical expenses and, maybe, your lost wages. This obviously depends on the type of coverage you have. Minimum coverage may not be enough if you have sustained severe injuries, and keep in mind that you cannot get compensation for your pain and suffering under PIP. To recover more money you will have to sue the drunk driver, accusing them of negligence. If their blood alcohol content (BAC) was well above the legal limit of .08 or if he was a repeat offender as is often the case, you stand a very good chance of being awarded punitive damages on top of your compensatory damages.
Should I sue an uninsured drunk driver?
Drunk drivers are more likely to be uninsured. This is because most drunk driving accidents are caused by repeat offenders. If someone has several DUI offenses on their record, their insurance premium might be so high they can no longer afford it, or they may have been denied insurance altogether.
To recover damages you can use your PIP coverage. If you have uninsured/underinsured motorist coverage as well, you can also use that to cover your losses.
Another option would be to sue the drunk driver. Talk to seasoned Louisville/Jefferson County accident lawyers to see if you have a strong case or whether it is worth pursuing legal action.
The very first thing your lawyers will do is investigate the drunk driver and their financial means. If the guy doesn’t own anything, there’s no point in suing them as they won’t be able to pay you. Also, keep in mind that a drunk driver who causes an accident may be facing criminal charges and they may use whatever money they have to get a lawyer to keep them out of jail.
Yet, a good lawyer may be able to find hidden assets and when you file a lawsuit, you can have them liquidated so the proceeds will be used to cover your damages.
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