There is nothing more terrifying than being in the passenger seat of a vehicle with a member of your family or a close friend on a road in Kentucky and then, without warning, a vehicle operated by someone who is intoxicated or distracted appears from nowhere. Passengers are being tossed across seats and into the dashboard as shards of glass are flung through the air in every way possible.
Many such accidents result in fatal or life-threatening injuries. Injuries from car accidents can leave you laid up in a hospital bed for days or weeks, and crash victims often miss many days of work, which means less money coming in to pay bills. It’s like a perfect storm that can leave you discouraged and in pain. If you or a loved one has been injured in a vehicle crash, you may be entitled to financial compensation. This is especially true if the accident was caused by someone else’s negligence.
A skilled and experienced Whitesburg car accident lawyer can fight aggressively for your rights to get the justice you deserve. You don’t have to get stuck with expensive medical bills and lost wages. Call Billy Johnson Law Firm at 606-437-4488 to learn more about how we can help.
Causes of Car Accidents in Whitesburg
A Whitesburg Car Accident Attorney Explains Why Crashes Can Be Deadly
There are many things that can cause car accidents, including another driver’s recklessness, bad weather, debris in the road, or a combination of these. Some common causes of car accidents in Whitesburg include:
- Speeding
- Disobeying rules of the road
- Distracted driving
- Driver is under the influence of drugs or is guilty of drunk driving
- Driver fatigue
- Snow, wind, rain, or ice on the roads
- Potholes or roadway debris
- Defective guardrails
- Reduced visibility
- Defective tires.
If you or a loved one is injured in a car accident, you may be entitled to financial damages. This is especially true if the accident was caused by someone else’s negligence.
Damages You May Be Entitled To
A Skilled Car Accident Attorney in Whitesburg Will Fight Aggressively for You
There are a variety of damages you may be entitled to, depending on the nature of the crash, the severity of your injuries, and who was at fault.
Economic Damages
- Medical expenses (current and future)
- Lost wages
- Diminished earning potential
- Property damages
- Funeral and burial expenses (wrongful death).
Non-Economic Damages
- Shock and mental anguish
- Pain and suffering
- Loss of consortium (loss of companionship for your spouse)
- Emotional distress
- Scarring and disfigurement.
Punitive Damages (does not always apply)
Punitive damages are in addition to economic and non-economic damages, and they are sometimes imposed by a judge who wants to punish a defendant for negligence that is especially egregious or for a previous record of safety violations. Punitive damages are meant to warn other potential offenders who might be tempted to do the same thing.
Punitive Damages – A Unique Category
If the actions of the defendant can be characterized as little more than simple negligence, then the court often will not impose punitive damages. To put it another way, a defendant cannot be held liable for punitive damages simply by behaving in a reckless or unreasonable manner. Instead, the type of conduct that must be demonstrated before a defendant can be held liable for punitive damages is known by a variety of terms depending on the state in which the offense occurred, but it is most commonly known as:
- recklessness, or
- gross negligence,
- willful or wanton disregard for the safety of others.
Because of its complicated nature, you will need an experienced personal injury attorney to present a case for punitive damages.
Generally speaking, severe negligence, recklessness, or wantonness are much more “unreasonable” than negligence. A person who engages in behavior that is severely negligent, reckless, or wanton knows (or should know) that it is harmful or likely to cause harm to another person.
Given that “willful action” refers to “intentional activity,” certain states may only allow punitive damages in cases in which the defendant acts with malice (as with assault and other intentional torts).
Let’s look at a few instances of egregiously careless or irresponsible behavior in relation to auto accidents, starting with the game of “chicken.” When two cars collide at high speed, the game of “chicken” is being played. The initial swerving driver “loses.” Of course, a crash could occur if one or both drivers lose control of their cars or if they collide head-on. It could be recklessness or excessive carelessness to decide to play “chicken,” which goes beyond simple negligence.
Driving when intoxicated or drunk can result in a close call. What about the motorist whose blood alcohol level is barely over the state’s limit but whose intoxication can’t be proven to have caused the crash? A driver who intentionally drives a car with a significant technical issue, such as one whose brakes are in awful shape and they are aware of it, is another case of a close call. If the driver has to stop quickly but is unable to do so due to brake problems, and someone is hurt as a result, this kind of negligence may qualify as recklessness and serve as the foundation for a claim for punitive damages.
Common Injuries in Car Accidents
When you or a loved one is involved in a car or truck accident, you can be catapulted into the windshield, crushed by twisted metal, or cut by flying glass. Many severe injuries can result from a car accident in Whitesburg. Some common injuries include:
- Concussion
- TBI and brain injury
- Broken bones
- Neck and spinal cord injuries
- Internal bleeding
- Cuts, abrasions, and puncture wounds
- Burns
- Organ damage
- Paralysis
- Wrongful death.
If you have sustained a serious injury in a car accident, follow these steps to ensure your protection and safety:
- Call 911 and ask for police to respond to the scene.
- Seek medical attention right away.
- Get the driver’s license and insurance information of the other driver.
- Get names and contact info of any bystanders or eyewitnesses.
- If you are able, take pictures with your phone of your injuries, damage to both vehicles, and the accident site itself.
- Answer police questions succinctly but do not elaborate or acknowledge fault.
- Hire a Whitesburg car accident lawyer to represent you.
Deadliest Roadways in Kentucky
There were 156,758 vehicle collisions on Kentucky’s public roads in which 732 people were killed and 32,871 were injured, according to 2019 traffic collision facts from Kentucky State Police. One in 133 Kentucky residents were injured in traffic accidents. About 66% of crashes involved two or more moving vehicles and 16% were collisions with fixed objects. Roughly 3,069 were collisions with deer. About 35% of all collisions occurred on Kentucky’s “State Numbered” roads, and 49% of all fatalities occurred on these roads. About 22% of all collisions happened on city streets.
The 5 deadliest interstates in Kentucky are:
- I-64
- I-75
- I-65
- I-24
- I-265.
The deadliest parkways in Kentucky for traffic crashes are:
- Bluegrass Parkway
- Purchase Parkway
- Daniel Boone Parkway.
Different Types of Crashes
There are several different kinds of vehicle crashes you can be involved in. Some tend to be more deadly than others. Crash types include:
- Rear-end collision
- Side-impact collision
- Sideswipe collision
- Rollover
- Head-on collision
- Single-car accident
- Multiple-vehicle pile-up
- Pedestrian collision.
Statute of Limitations on Car Accident Claims in Whitesburg
Every case has a statute of limitations, and personal injury claims arising from car wrecks are no different. The Kentucky civil statutes of limitation are detailed in KRS Chapter 413: Limitation of Actions. These statutes tend to be strictly applied by the courts, and a few days can make all the difference in whether a claim is heard or dismissed. There are also a few limited exceptions to the statute of limitations.
If you are uncertain whether you still have time to file a claim, talk to a Whitesburg car accident lawyer for more information. Call us today at 606-437-4488.
How Much Does It Cost to Hire a Whitesburg Car Accident Lawyer?
Here’s the good news. A Whitesburg car accident lawyer at Billy Johnson Law Firm works on contingency, which means that we don’t get paid until you get paid. Your legal fees are paid by the defendant as part of a settlement agreement or jury award. If for some reason your claim is not successful, then you owe us nothing. You don’t have to worry about up-front money to hire our attorney to represent you.
Choosing the Best Car Accident Lawyers in Whitesburg, KY
Billy Johnson Law Firm Stands Head and Shoulders above the Rest
The skilled attorneys at our law firm fight hard to get the justice our clients deserve. We are aggressive with opponents and compassionate toward our clients. We understand that you’ve been through a traumatic experience and your family may be scared and suffering. We’ve helped countless clients walk through the frightening experience of car crash injuries. We’ll stand beside you every step of the way. To learn more about our legal team, you can see our attorney bios here. You can read testimonials from our happy and satisfied clients. You can also review our successful verdicts and settlements.
Contact Billy Johnson Law Firm Today
If you’ve been injured in a crash, you don’t have to go it alone. Let a skilled and experienced Whitesburg car accident lawyer fight for the compensation you deserve.
At Billy Johnson Law Firm, we are committed to getting you justice! To find out about how we can help, call us at 606-437-4488.
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 ]
