Louisville Car Accident Attorneys

Representing Auto Accident Victims in Kentucky Since 1986

Car accidents happen every day. Millions of people are injured in traffic collisions across the United States every year, causing billions of dollars in damages. Even a low-speed accident can cause whiplash or other types of physical trauma that have a lasting impact on a victim’s life. High-impact crashes can cause debilitating or fatal injuries.

At Dolt, Thompson, Shepherd & Conway, PSC, our team believes in ensuring that auto accident victims are duly compensated for their injuries. Serving all of Kentucky since 1986, our attorneys are here to help you recover fair financial compensation after a serious collision. If you sustained catastrophic injuries or lost a loved one in any type of traffic accident, our team can help you pursue monetary damages that can help you rebuild.

Take this opportunity to learn more about your specific options and rights. Call (502) 244-7772 today!

Why Work With a Louisville Car Accident Attorney?

All vehicle accidents in Kentucky must first go through the insurance claim process but that doesn’t mean you can’t have an attorney by your side from the beginning. In fact, you stand a much greater chance of receiving fair compensation when you work with an experienced car accident lawyer.

At Dolt, Thompson, Shepherd & Conway, PSC, our law firm can help you:

• Determine the cause of your accident;
• Determine who is liable (legally responsible);
• Evaluate the true and full value of your claim;
• Prepare a clear, compelling case that proves fault and the value of your case;
• Negotiate with the at-fault parties for a fair settlement; and
• If needed, take your case to civil court to pursue a jury award.

No Upfront Costs & No Fees Unless We Win

You have so much to gain and nothing to lose by contacting our Louisville car accident attorneys about your case. We have the manpower and financial resources to handle every aspect of your car accident claim, which means you do not have to worry about upfront costs. Our car accident lawyers also handle auto accident cases on a contingent fee basis, which means you pay no legal fees at all unless there is a recovery on your behalf. Do not miss the chance to seek justice and a fair settlement offer you need to put the pieces of your life back together after a serious auto accident.

Call (502) 244-7772 to speak with our team of Louisville personal injury attorneys about your case.

Types of Damages You Can Recover in a Car Accident

If you meet the conditions for pursuing a car accident lawsuit, you may be entitled to recover economic damages such as your medical expenses, lost wages, and loss of earning capacity. Car accident victims may also be entitled to recover non-economic damages such as pain and suffering, emotional distress, and loss of consortium. Under KY Rev Stat § 304.39-115 you may also be entitled to recover for loss of use of your car. 

Kentucky is a pure comparative fault state, which allows you to recover your damages even if you were partly or even mostly at fault for the accident. Your damages will be reduced by the percentage of fault assigned to you. This means that if you were found to be 99% at fault for the accident and the value of your damages was $100,000, you will be entitled to recover the $1,000 representing the fault of the other party.

What to Do When PIP Coverage Isn’t Enough

Because Kentucky is a “no-fault” car accident state, you will most likely need to file a claim through your own personal injury protection (PIP) coverage, which accounts for medical expenses, lost wages, and replacement services after an accident – regardless of which driver was considered to be “at fault” for the crash.

However, it isn’t always possible to get the resources you need through PIP coverage alone. In car accident cases involving catastrophic injuries, such as a truck accident, you may suffer from a range of life-altering disabilities and conditions that will require lifelong medical care. When your expenses are over the PIP limits, our Louisville car wreck attorneys can help injury victims navigate the process of seeking appropriate compensation from the insurance provider, or help you file a lawsuit against a negligent driver.

You may only pursue a car accident lawsuit in Kentucky if one of the following conditions is met:

• You have been forced to pay over $1,000 in medical expenses
• You sustained a bone fracture
• You suffered permanent disfigurement or catastrophic injury

Kentucky Car Insurance Requirements

Every car owner in Kentucky is required to have car insurance. This requirement is mandatory, and car owners without insurance can have their motor vehicle registration canceled if they do not have insurance. Kentucky state takes the enforcement of car insurance very seriously.

Under Kentucky Revised Statutes 304.39-110 car owners must carry minimum insurance coverage as follows:

• Liability coverage of not less than twenty-five thousand dollars ($25,000) for bodily injury sustained by any one person;
• Liability coverage of not less than fifty thousand dollars ($50,000) for bodily injury sustained by all persons in a single accident: and
• Liability coverage of not less than twenty-five thousand dollars ($25,000) for property damage.

Alternatively, car owners may carry liability coverage of not less than sixty thousand dollars ($60,000) for all damages, whether they be for bodily injury or damage to property, resulting from one accident.

In addition to revocation of their vehicle registration, car owners who fail to maintain the minimum insurance requirements may face a fine of $500 to $1,000, up to 90 days in jail, or both.

Insurance Bad Faith Practices

Even though Kentucky is essentially a no-fault insurance state, there is no guarantee that your insurance company will pay the value of your claims. Insurance companies are driven by profits, which means that they are not often in a hurry to pay out claims. While the insurance companies reject or delay car accident claims to protect their bottom line, you could be left bearing a significant financial burden as a result of your car accident. To avoid this, Kentucky state has enacted laws to protect insurance policy holders, and the courts have recognized that an implied covenant of good faith and fair dealing in all insurance contracts. For example, KY Rev Stat § 304.12-230 (2023) provides a list of unfair practices prohibited by law. These practices include:

• Misrepresenting pertinent facts about the insurance policy provisions
• Failing to act promptly to claims filed by policyholders
• Not attempting to settle a claim in good faith when liability is reasonably clear
• Unreasonably delaying the investigation or payment of claims

If you are in dispute with your insurance company after a motor vehicle accident, you may have a bad-faith claim against your insurers for acting in bad faith in the settlement of your claims under your car insurance policy.

No-Fault Insurance

Most times, getting compensation for damages related to car accidents depends on establishing fault. The driver at fault usually bears the burden of covering the cost of damages suffered by the other driver or drivers in the accident. Establishing fault can be a lengthy, complex process when insurance companies are trying to avoid liability. While the process of establishing fault is dragging on, the car accident victim who has suffered damages must endure delays and possible denial of compensation for their car accident claim.

To avoid this unpleasant outcome, some states, including Kentucky, have adopted no-fault insurance policies. The objective of no-fault insurance, sometimes referred to as personal injury protection (PIP), is to expeditiously settle claims, and reduce the overall cost of claims resulting from car accidents. As the name implies, under no-fault insurance policies, there is no need to establish fault before a driver can be compensated for the damages they suffer in an accident. 

To further ensure that the objective of reducing cost is achieved, Kentucky law provides a threshold of $1,000 for medical expenses that must be exceeded before an injured person can bring a case against an at-fault driver. 

Under certain situations, the $1,000 threshold does not apply. A person who suffers any of the following car accident injuries, does not have to show medical expenses exceeding $1,000 before they can bring a case against the at-fault driver:

• Bone fracture
• Permanent disfigurement
• Loss of limbs or other body parts
• Permanent injury within reasonable medical probability
• Permanent loss of bodily function
• Death

While no-fault insurance aims to expedite the claims process after a car accident, there is no guarantee that your claim will be free of disputes. The insurance company may dispute your claims and conclude that your bills are not reasonable and necessary. They may argue, for instance, if you have medical expenses, that your medical treatment seems too expensive or that it is unnecessary. You may need to speak with an experienced car accident attorney to ensure that your interests are fully protected when dealing with the insurance companies.

Opting out of No-Fault Insurance in Kentucky

Although Kentucky is a no-fault state, car owners can opt out of the no-fault option, making Kentucky a “choice no-fault state.”

In fact, under Kentucky Revised Statutes 304.39-060 subsection 6, all car insurance companies are required to inform car owners of their right to reject any limitation on their right to sue for damages. Any person who prior to an accident rejected any limitation on their right to sue may claim full damages including non-pecuniary damages like pain and suffering regardless of whether they exceed the $1,000 threshold or not. On the other hand, rejecting the no-fault limitations also exposes drivers to the risk of being sued after an accident.

Common Causes of Car Accidents

Determining the cause of your accident is the first step to recovering the compensation you deserve. According to the Huffington Post, these are the some of the top causes of car crashes in the United States:

• Distracted driving
• Drunk driving
• Speeding
• Reckless driving
• Bad weather
• Running red lights

No matter the cause of your accident, our Louisville car accident lawyers are here to help you sort through liability issues and help you recover compensation for your losses.

Statute of Limitation for Pursuing a Car Accident Lawsuit

Statutes of limitation set a time limit within which you can bring a lawsuit to court. It is important to know the statute of limitation for your lawsuit because failing to take action within that time, your lawsuit will most probably be dismissed for being time barred.

KY Rev Stat § 304.39-230 provides that if you meet the conditions for filing a lawsuit outside of Kentucky’s the statute of limitation for filing your car accident case is two years from the date of the accident or the date on which you received your last no-fault car insurance claim payment, whichever is later.

What to Do When a Defective Auto Part Caused a Car Accident

Sometimes, a car accident can occur due to no fault of the driver. Defective vehicles and auto parts also cause accidents. Common safety-related defects identified by the National Highway Traffic Safety Administration (NHTSA) include:

• Steering components that break suddenly and cause partial or complete loss of vehicle control
• Problems with fuel system components that can result in leakages and possible vehicle fires
• Accelerator controls that break or stick
• Wheels that crack or break, resulting in loss of vehicle control
• Critical vehicle components that break, fall apart, or malfunction, causing potential loss of vehicle control or injury to persons inside or outside the vehicle
• Air bags that malfunction and deploy when they are not supposed to
• Defective child safety seats

In these car accident cases, the injured persons may have to look beyond the driver to get compensation for their injuries. They may be able to make claims under a Kentucky product liability case against the manufacturer of the defective auto part that caused the accident.

Under Kentucky law, a manufacturer can be held legally responsible for personal injury, death, or property damage caused by the use of their product in its original, unaltered, and unmodified condition. A person may not succeed in their product liability claim if they failed to observe routine care and maintenance of the part. However, if the failure was due to ordinary wear and tear, the injured person may still have a legal claim against the manufacturer.

The injured victim may not succeed on their product liability claim, if the manufacturer can show that there was an unauthorized alteration or modification to the product, which in fact was a substantial cause of the accident. This is the case, even when the original product was defective. 

Also, a product liability claim may fail if the manufacturer can prove that the victim failed to exercise ordinary care in their use of the product, and their failure was a substantial cause of the accident. Even when the original product was defective, the claimant’s legal action for product liability may fail if the manufacturer can prove their failure to exercise ordinary care.

Speak with a Louisville Car Accident Attorney Today

Contact an experienced accident lawyers at Dolt, Thompson, Shepherd & Conway, PSC. If you or a loved one have been seriously injured in a preventable car accident, our team of accident attorneys in Louisville, Kentucky can help.  Call (502) 244-7772 today or contact us online for your free case evaluation.