Drivers who use their phones behind the wheel create dangerous situations. A texting driver chooses to look at a screen rather than the traffic around them. This choice leads to collisions that change lives in a split second.
If you suffered injuries because of a distracted driver in Pikeville or anywhere in Eastern Kentucky, you have legal options to seek payment for your medical bills and property damage. An experienced Kentucky distracted driving accident attorney can help you understand your rights and guide you through the claims process. The law holds these drivers responsible for the harm they cause by failing to pay attention to the road.
Key Takeaways: Significant Realities of Distracted Driving
- Kentucky law bans all drivers from reading, writing, or sending text messages while a vehicle is in motion.
- A driver who looks at a phone for five seconds at 55 miles per hour travels the length of a football field without seeing the road.
- Phone logs and cellular data provide factual proof of a driver’s activity at the time of an impact.
- Insurance companies often use distracted driving evidence to determine which party holds legal responsibility.
- Personal injury claims for distracted driving involve seeking money for physical pain and financial losses.
- Local law enforcement officers look for signs of phone use when they write an official crash report.
These facts outline why taking action against a negligent driver matters for your recovery and the safety of the community.
Proving Liability in a Distracted Driving Case
Liability means legal responsibility for a crash and the resulting injuries. To win a claim after an accident with a texting driver, you must prove the other person injured you. This proof often starts with the police report.
When officers arrive at the scene near the Appalachian Wireless Arena or other local spots, they look for clues. If they see a phone on the floorboard or if the driver admits to using it immediately before the crash, they include that information in their report.
Under Kentucky Revised Statutes Section 189.292, the law specifically forbids using a personal communication device to send or read text-based messages while driving. Since the driver broke this law, they have already shown a lack of care.
Your legal team uses this violation to build a strong case against them.
We use several tools to find the truth:
- Subpoenas to get cell phone records from the provider
- Interviews with people who saw the driver looking down before the crash
- Expert analysis of the car’s computer data to see if the driver braked
- Photos or video of the scene that show no signs of swerving or stopping
A subpoena forces a company to turn over information, like phone logs. These logs show exactly when the driver sent or received a message. If the time on the log matches the time of the crash, the driver cannot easily deny their negligence. This clear evidence helps you seek the money you need for your hospital visits and car repairs.
Starting Your Recovery Once You Are Home
The work of building a case continues once you leave the hospital and return to your home. You should use this time to heal, but also to hire a lawyer to gather evidence.
You will likely receive phone calls from insurance adjusters.
These people work for the insurance company, and their job involves paying out as little money as possible. They might try to get you to say that the accident was partly your fault or that your injuries do not feel that bad.
You protect your rights by keeping your own records. Create a folder for every piece of paper related to the crash. This includes discharge papers from the Pikeville Medical Center and any letters from your own insurance company.
Having everything in one spot makes the legal process move more smoothly.
Keep these items in your records:
- A list of every doctor you see and what they tell you during your visit
- Receipts for any medications or medical supplies you buy
- Photos of your bruises, cuts, or casts as you heal
- A log of the days you had to stay home from work because of pain
Sharing this information with your legal team allows them to calculate the true cost of the crash. It shows that the accident with a texting driver caused real changes in your life. This documentation serves as the foundation for your demand for payment.
Why Local Legal Support Makes a Difference
When you deal with a legal claim, you want someone who understands the local area. Many lawyers you see on TV live in far-away states and never visit Pike County. They do not know the local roads or the people who live here.
Choosing a team that lives and works in your backyard means you have an advocate who understands the community and the local court system.
Local advocates bring specific advantages to your case:
- They can visit the crash site quickly to take photos and look for cameras.
- They know the local experts who can testify about your injuries.
- They understand how juries in Eastern Kentucky view distracted driving.
- They provide a place where you can stop by and talk about your concerns in person.
A team that uses modern technology can also bring in national experts when your case needs extra support. This combination of local knowledge and high-level resources helps you fight big insurance companies on a level playing field. It shows the insurance company that you are serious about getting a fair settlement.
Kentucky’s Insurance Rules and Your Claim
Kentucky uses a no-fault insurance system for car accidents. This means your own insurance company pays for your initial medical bills and lost wages through Personal Injury Protection, or PIP, insurance.
PIP usually covers up to $10,000. However, an accident with a texting driver often causes injuries that cost much more than that. When your medical bills exceed a certain amount or your injuries are permanent, you can file a claim against the at-fault driver’s insurance.
How Evidence of Texting Helps Your Case
Evidence that a driver was texting at the time of a crash can change the direction of your entire claim. It turns a disputed accident into a clear story of negligence. When proof shows the other driver chose their phone over the road, it becomes much harder for an insurance company to deny responsibility or reduce what they owe you.
Texting evidence does more than show distraction. It explains why the crash happened. A driver who never braked, drifted across a lane, or rear-ended another vehicle at full speed often did so because their attention was on a screen. Phone records, crash data, and witness statements work together to connect that behavior directly to your injuries.
This type of proof strengthens your case in several ways:
- It establishes that the driver violated Kentucky’s texting-while-driving law
- It supports the police report and witness accounts of inattention
- It limits arguments that weather, road conditions, or your actions caused the crash
- It increases pressure on the insurance company to settle fairly
- It supports claims for pain, suffering, and long-term effects of the injury
Strong evidence also protects you from blame. Insurance companies often try to shift fault to avoid paying full value. When texting records line up with the time of impact, those arguments lose strength. The focus stays where it belongs—on the driver who caused the collision.
In distracted driving cases, proof is power. The clearer the evidence, the stronger your position becomes when seeking payment for medical care, lost income, and the ways the crash disrupted your life.
Evidence that texting caused the other driver to crash into you helps in these ways:
- It places the majority of the fault on the distracted driver.
- It explains why the driver failed to avoid a situation that a safe driver would have handled.
- It justifies a higher payment for your pain and suffering.
- It makes the insurance company more likely to offer a fair settlement before trial.
Damages is the legal term for the money you receive to make up for your losses. This includes economic damages, like bills, and non-economic damages, like the physical pain you feel every day.
The Real Outcome of a Distracted Driving Crash
Recovering from a serious crash takes time. Some people deal with physical pain for years, while others struggle with the emotional stress of getting back into a car. A texting driver does not just dent your car. They disrupt your entire life.
You might find that you cannot enjoy hobbies like fishing at Jenny Wiley State Resort Park or attending local ball games because of your injuries. The law allows you to seek payment for these life changes.
This is part of holding the negligent party accountable. Accountability ensures that the person who caused the problem is the one who pays to fix it.
A successful claim provides support for:
- Long-term physical therapy and specialized medical care
- Changes in your ability to earn a living in the future
- The impact the injury has on your relationship with your family
- The cost of repairing or replacing your vehicle
By focusing on these details, you ensure that the settlement check actually covers what you need. It gives you the resources to move forward with your life while the distracted driver learns that their choice has consequences. The legal system aims to achieve this balance for every injured person in our community.
Investigating the Details of the Collision
The truth comes to light during the investigation phase of a case. While you focus on your health, your legal team works to recreate the crash. They look at the tire marks on the road and the way the metal bent on your car.
If a texting driver hit you at full speed, the damage looks very different than if they had tried to stop. This physical evidence supports the phone records and witness stories.
The investigation involves:
- Sending a letter to the other driver’s insurance company to stop them from destroying evidence
- Downloading data from the electronic control module of both vehicles
- Creating a digital map of the scene to show exactly how the cars moved
- Talking to neighbors near the crash site who might have doorbell camera footage and preserving any traffic camera footage that might have captured the accident
Every piece of information acts like a puzzle piece. When your lawyer completes the puzzle, it shows a clear picture of a distracted driver who chose a phone over safety. This picture is hard for an insurance company to argue against, which puts you in a stronger position for negotiations.
FAQs: Accident with a Texting Driver
Does Kentucky use pure comparative fault?
Yes, Kentucky follows a pure comparative fault rule, meaning the court assigns a percentage of fault to each party. If the texting driver was 100% at fault, they pay for 100% of your damages. If the court finds you were 10% at fault, your payment decreases by 10%.
What if the driver hides their phone after the crash?
Even if the driver hides the device, we can still get the records from the cellular provider. These records exist on the company’s servers and show the exact time of all activity. We also look for witnesses who saw the driver holding a phone before the impact.
Can I get money for my pain if the driver didn’t get a ticket?
Yes, a police ticket is separate from a civil claim. Even if the officer did not write a citation, we can still prove negligence in a civil case. The standard of proof in a civil claim is lower than in a criminal case, which helps us hold the driver accountable.
Will my insurance rates go up if I file a claim?
If you were not the at-fault driver, your insurance rates generally stay the same. Kentucky law protects drivers from punishment for accidents that they did not cause. We can explain your policy and how the claim affects your standing with your insurance company.
What if the driver was using a hands-free system?
Distraction can still happen even with hands-free systems. If the driver focused on a complicated task or an emotional conversation instead of the road, you can still hold them liable for the crash. We look at the totality of the circumstances to see how much the distraction caused the collision.
How much does it cost to start a distracted driving claim?
We work on a contingency fee basis. This means you do not pay any money out of your own pocket to start the case. We only receive payment if we win money for you at the end of the claim. This allows everyone to have access to a legal advocate regardless of their financial situation.
How long do I have to file a personal injury lawsuit in Kentucky?
You must file a personal injury lawsuit within one year of the accident date. If you miss this one-year deadline, called the statute of limitations, you forever lose your right to hold the distracted driver accountable in court. Because of this short deadline, you must speak with a knowledgeable lawyer as soon as possible after your injury.
What is the difference between an insurance claim and a personal injury lawsuit?
An insurance claim is a formal request for payment that you or your lawyer submit to the at-fault driver’s insurance company. You start a lawsuit when you file a legal document, called a complaint, in the civil court system. Most cases start as insurance claims. Your lawyer will only file a lawsuit if the insurance company refuses to offer a fair settlement that covers your losses. The decision to file a lawsuit forces the insurance company to take your case seriously or face a trial.
Contact the Johnson Law Firm Today
If you suffered injuries in an accident with a texting driver, you do not have to handle the bills and the stress on your own. At the Johnson Law Firm, we are proud to serve our neighbors in Pikeville and throughout Eastern Kentucky
Billy Johnson grew up in this community and, as a dedicated Kentucky personal injury lawyer, brings a deep commitment to every case he handles. We have the resources, the technology, and the experience to hold negligent drivers accountable for their actions.
Our team will listen to your concerns, investigate the facts, and aggressively advocate for the full payment you deserve. Contact our office today to schedule a free consultation and learn how we can support your journey toward recovery.
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
