Drunk Driving Crash
Drunk driving is a serious crime that endangers every driver, passenger and pedestrian. Drunk drivers are punished through our criminal justice system, but how do drunk drivers’ victims get true justice?
Drunk drivers cause horrific accidents that can leave victims severely injured and facing major problems, as medical, rehabilitative, and household bills mount up at a time they are unable to work. While no amount of money can make up for the suffering involved, through a personal injury claim, victims can get justice and payment for the losses and costs a drunk driver’s actions have created. These claims can help the injured and their families withstand the financial, physical and emotional consequences of a drunk driving accident.
Kentucky injury law is complicated, and insurance companies and their lawyers will try to get you to settle for the lowest amount possible or deny claims altogether; fortunately, you do not have to fight them on your own. There is legal help available to fight for your rights and the settlement you deserve.
If you or loved one has been seriously injured or someone has died because of a drunk driver, the Kentucky drunk driver accident lawyers at the Johnson Law Firm can help pursue maximum financial recoveries from drunk drivers and their insurance companies, so you can concentrate on rebuilding your life.
We offer a free case evaluation to determine the best way to move forward with your case, so call us today.
Why Choose Our DUI Accident Lawyer
Choosing an attorney is an important decision, and you need to find one who has experience dealing with drunk drivers and the skills and resources to fight for the settlement you deserve. Here are some reasons why we feel the Johnson Law Firm is your best choice:
- We are experienced. Attorney Billy Johnson is highly skilled and aggressive when going after the negligent parties, and has been helping injury victims and their families put their lives back together since 1998. At the same time, he is compassionate and caring toward the families he serves.
- We get results, including a $9 million trucking accident settlement.
- We have helped many satisfied clients, and you can read their testimonials to prove it.
- We are certified and respected for the work we do. Billy Johnson has been recognized by the following organizations:
- Super Lawyer
- Multi-Million Dollar Advocates Forum
- Million Dollar Advocates Forum
- National Trial Lawyers, Top 100 Trial Lawyers
- Instrument Rated Pilot
- We offer free consultations to get you started, and there are no fees to you unless and until we win your case.
How Our DUI Accident Lawyer in Kentucky Works for You
When you are involved in a serious DUI accident, it is important to get legal assistance quickly to make sure evidence and witnesses can be found. When you have the Johnson Law Firm on your side, our legal team begins working for you immediately. We will:
- Meet with you to discuss how the accident happened, and determine who the negligent parties may be and what your case may be worth
- Ensure you receive proper medical care and that all injuries are documented
- Conduct investigations and gather evidence to support your case, such as photos and videos of the accident scene, interviews with witnesses and first responders, laboratory reports and test results, and police, ambulance and medical records
- File all paperwork for your claim according to Kentucky laws and requirements
- Pursue expert testimony as to fault and experts to testify as to the extent of your injuries and the costs and effects on your life into the future
- Deal and negotiate with insurance companies and opposition attorneys for a fair settlement
- Build your case and take it to court if necessary.
At the Johnson Law Firm, we’ll build your case to make sure we can come to the negotiating table from a position of strength. If the other side offers a fair amount that you are satisfied with, then a settlement will be reached. However, if the other side doesn’t cooperate or offers less than you deserve, the matter can move forward to a trial.
In a trial, we will make our case to the jury, who will then decide whether you are owed money and how much. We approach every case as if it is going to trial, because we have found that’s the way to get the best results for our clients. Even if your case is resolved via settlement, the other side will know that we mean business and are prepared to take the case all the way.
What Damages Can I Seek in a DUI or DWI Accident?
In a successful case, damages you are entitled to collect from the defendant after an intoxicated driving accident include:
- Past and future medical expenses
- Loss of current and future income (including employer contributions to your company health insurance, retirement, and other benefit programs)
- Pain and suffering
- Property damage (such as automobile repair/replacement and anything of value in your vehicle which was destroyed in the accident)
- Wrongful death.
In some rare cases where there was gross negligence, you may also receive punitive damages, intended to punish the at-fault party and deter similar actions in the future.
Damage Award Amounts
There are a wide range of damage amounts possible in a drunk driving case, from the thousands to millions of dollars. Your damage award amounts will be unique to the individual circumstances of your crash and factors such as the severity and permanence of your injuries. At the Johnson Law Firm, we conduct extensive research to find out the many ways you’ve been affected by the careless actions of a drunk driver, so we can be sure we fight for payment that reflects your costs.
Kentucky Law Firm for DUI Accidents Must Prove Negligence
Proving negligence is essential in any personal injury negligence case. To win your case, our attorneys would have to prove that another party (the defendant in the case) was negligent and at fault for the accident and resulting injuries. To do so, we must establish the following legal elements:
- Duty. The defendant owed you a duty of care not to cause harm.
- Breach. The defendant breached that duty (such as while driving under the influence).
- Cause. This breach resulted in the accident that injured you.
- Damages. You suffered damages as a result.
In Kentucky, a person is legally intoxicated and may be charged with DWI if their blood alcohol content (BAC) is more than 0.08. Kentucky has lower BAC limits for commercial drivers (0.04) and has a “zero tolerance” for intoxicated drivers under age 21. In addition, DUI (Driving Under the Influence) refers to persons driving while impaired by drugs, both illicit or prescription drugs. As long as it is clear a driver is incapable of driving safely and following the rules of the road, he or she can be stopped by police and be arrested.
In drunk driving accident cases, the drunk driver clearly was negligent and bears responsibility for the injuries they cause their victims. But there could be other parties that share responsibility for the accident. If there are, it’s crucial to find out who they are and what role they played.
By identifying all who may be liable for your damages, your lawyer increases your prospects for receiving full injury compensation. What if the driver doesn’t have sufficient insurance coverage to pay all damages? If your lawyer uncovers additional defendants other than the driver, you could win additional compensation.
For example, In Kentucky, a statute known as the dram shop law (Kentucky Revised Statute Section 413.241) allows those injured by a drunk driver to hold a bartender, server, and – by association – the pub or restaurant manager and owner responsible for legal damages. All the law requires is that you (and your lawyer) prove that a reasonable person should have known that he or she was serving a person who was already intoxicated.
Liquor stores are also held to the same legal duty of protecting the public from drunk drivers. They are prohibited by law from selling alcohol to a person who reasonably appears to be intoxicated. But holding a restaurant, bar or liquor store responsible for their portion of the damages owed to you is complicated. An experienced personal injury attorney who understands DUI/DWI injury compensation is a valuable weapon in your fight for fair damages.
Call Our Drunk Driving Injury Attorney for Help
Billy Johnson Gets Results for Drunk Driving Victims in Kentucky
The Kentucky DUI accident lawyers at the Johnson Law Firm aggressively pursue claims against intoxicated drivers and the businesses that served them and then sent them out on the road to commit drunk driving mayhem. We also deal with insurance companies, their pesky adjusters, and the lawyers who protect them from paying claims.
You shouldn’t pay the price for a drunk driver’s mistakes. Billy Johnson fights for his clients to get the compensation they need. We also use our connections to help our clients find the care and support they need to put the pieces back together in the wake of a serious drunk driving crash.
Do not delay. It is important to contact our attorneys as soon as possible after a drunk driving accident because much of the evidence that can prove liability is time-sensitive and may disappear. Also, there is a statute of limitations, a deadline to file auto accident claims in Kentucky (Kentucky Revised Statute § 304.39-230) that allows no more than two years from the date of the collision to file a lawsuit, in most cases. If you fail to file your drunk driving accident claim in Kentucky by the deadline, the courts are likely to dismiss your case.
To discuss your legal options, contact our offices in Pikeville, Kentucky, to speak with a knowledgeable drunk driving accident lawyer. Protect yourself and your family.
Call us today at 606-437-4488 for a free, no-obligation consultation to get started.
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