Car accidents are commonplace throughout Kentucky, and many of them are caused by the reckless, careless, or negligent actions of other people. If you were injured in a car crash, you are likely to feel upset, confused, and unsure of what to do next. However, it is extremely important to take steps to protect yourself and show that the car accident was not your fault, as this determination will affect the compensation for any damages you incurred.
What to Do After a Car Accident
After a car accident, it is important not to panic and to take steps to prevent further injury, as well as help determine fault. These include:
Ensure Safety. Check everyone in your vehicle and the other car(s) to make sure no one is seriously injured. If EMTs are needed, call them – and the police. Make notes of who is injured and what the injuries initially seem to be. Don’t move a seriously injured person unless it’s absolutely necessary for their safety. If no one is seriously hurt and you can move the vehicles off the road, do so to get out of the way of further harm.
Get Information and Document Everything. If possible, before moving anything, take a few quick pictures or videos of the accident scene. If the vehicles cannot be moved, leave them where they are and start taking pictures that show vehicle damage, the overall accident scene and any other property damage from the accident. Take note of relevant factors such as inclement weather, road damage, broken traffic signals or signs. Gather complete information on the other party/parties at the accident scene, such as:
- The other driver’s name, address, phone number, and license information
- His or her insurance company name and policy information
- Statements and contact information from any witnesses.
This evidence you gather at the scene strengthens your car accident claim. If your car insurance company has a mobile app that can help you document the accident while at the scene, use it. Many insurance providers have apps that have an accident checklist and tell you how to gather information that will aid in filling your claim with your insurer. This evidence also helps defend you should the other driver’s insurer later accuse you of causing the wreck.
Get Medical Attention. For serious injuries, you may be taken to the emergency room, but you should also see your personal physician as quickly as you can. Many injuries from car wrecks don’t appear immediately, especially soft tissue injuries of the spine and limbs, some brain injuries, and whiplash, and they may continue to get worse over time. Even if you go to the ER, you should still see your doctor quickly. Emergency treatment is not curative treatment. Seeing your doctor after an ER visit shows you’re taking your recovery seriously, and it is less likely the other insurer will deny an injury claim later.
Call the Police. Call 911 and have the police come to the scene to document the accident and create an official report. The accident report usually helps determine who is at fault, but only for the purposes of ticketing the driver for breaking traffic ordinances. Independently, insurers determine fault based on all evidence, such as the police report, driver and witness statements, and physical evidence. Although a police report is not necessarily admissible in civil court, if it clearly indicates that the driver who hit you is at fault, it gives you strong leverage when trying to reach a fair financial settlement.
Once the accident scene is cleared and the police tell you when you can pick up your copy of the accident report, be sure to do so; the information can be crucial for insurance claims and legal proceedings
Notify Your Insurance Company. Contact your insurance company as soon as possible to report the accident and initiate the claim process. Kentucky is a limited no-fault state, so you only have to deal with your insurer, which then deals with the other driver’s carrier. The companies ultimately decide which one pays for the accident in the end. Give your insurance company as much factual and pictorial information as you can.
If the other party’s insurance company tries to contact you, be aware that you are not required to give them a statement. Tell the insurance company to speak to your lawyer, and let your attorney handle all correspondence as insurance companies and their attorneys often will attempt to get you to say or do something that indicates fault and can be used against you.
Get Legal Assistance. It is a good idea to speak to a car accident lawyer before you say or do anything that could indicate fault and damage your case. This is especially important if you may have done something to contribute to the accident and could be found partially at fault. Kentucky is a comparative negligence state, which means that any damage award you might get in a legal claim will be reduced by the same percentage you are found to be at fault in causing the crash (Kentucky Revised Statutes section 411.182). This is why it is so important to be able to show that the accident was another party’s fault.
How Fault is Determined in a Car Accident
When you’ve been injured in a crash or suffered significant property damage because of a negligent driver, you deserve to have your losses paid for by the at-fault party. In some situations, such as when you are rear-ended or hit by a driver who was making a left turn or ran a red light while intoxicated, fault may be obvious; but in other situations, determining who was at fault can be complicated. Determining fault is important, because insurance companies and juries will look at fault when awarding a settlement amount.
Proving fault can be very hard, and even drivers who know they caused the accident will often deny it. When fault is contested, proving it may require professional investigations and testimony from experts in accident reconstruction, as well as information from police reports, photographs and videos, and eyewitness statements.
To prevent problems, it can be very helpful to get the assistance of an experienced car accident attorney to represent you and handle all accident investigations and negotiations with insurance companies. Lawyers who have a background in handling motor vehicle accidents will have in-depth understanding of state traffic laws and the evidence needed to determine fault.
Get Assistance When an Accident is Not Your Fault
When you or a loved one has been in a car accident caused by the carelessness of another party, you should be entitled to compensation for your injuries and suffering. But before you can receive fair compensation, the question of who caused the accident must be determined.
The Johnson Law Firm in Kentucky is here to help you. Billy Johnson has extensive experience with the court system and insurance companies and can help investigate the accident, determine responsibility, establish your claim, and fight for the compensation you deserve. We offer prospective clients a free initial case evaluation to explore their options, so call us today to get started.
GET HELP NOW 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 ]
