In Ashland, Kentucky
Distracted drivers should be held accountable for the harm they cause. If you've been injured, contact us today to learn more about establishing liability and pursuing compensation.
Liability, Damages, and Next Steps
It only takes a glance away from the road or a moment when your hand is off the steering wheel for a driver to lose control of their vehicle and get into a devastating accident. In that scenario, the distracted driver is the at-fault party and should be held liable for any damages they created. The challenge is to prove that the driver was indeed distracted. That’s when you need an Ashland distracted driving accident lawyer.
At Peterson Law Office, our dedicated attorneys can provide you with the information you need to decide the best course of action for pursuing a claim and getting the compensation you are entitled to.
According to the most recent data collected by the Centers for Disease Control and Prevention (CDC), nearly 3,000 people die in crashes involving a distracted driver every year. That is one of the reasons why Kentucky enacted House Bill 415 in 2010, which bans texting drivers of all ages while the vehicle is in motion.
When you hear about distracted driving, you think about cell phone use. If you send or read a text while driving, you could take your eyes off the road for four or five seconds. At 55 mph, that’s like driving the length of a football field while blindfolded.
Although cellphone use is one of the most common forms of distracted driving, there are many other ways that a driver can be distracted, including the following:
If you get into a car accident caused by another motorist, you and your Ashland distracted driving accident lawyer need to prove that negligence caused the accident. That means you have to establish that the other driver did not exercise the same reasonable care that every other driver is obliged to carry out on the road. Because of that reckless driver, they caused the accident that wrecked your car and caused you injury.
The challenge comes with proving the distraction. Most distracted drivers are not going to freely admit they were on their phone or took their hands off the wheel. They will try to shift the blame to other drivers or maybe the road conditions.
This is why you need to work with an attorney who has the skills and experience to gather all relevant information about the accident. That evidence can come from a variety of sources that you, as an individual car accident victim, might not have access to.
The attorneys at Peterson Law Office can support a distracted driving claim by providing the following:
When someone’s actions cause harm, you’re entitled to seek compensation for any losses you might endure because of that accident. That is why Kentucky drivers are mandated to carry liability insurance.
That accepts the fact that drivers who cause accidents need to pay for their actions.
As you prepare your claim with the support of an experienced attorney, you’ll want to calculate all the current and future expenses related to that claim. Those damages are categorized as economic and non-economic damages.
Economic damages cover the following:
Non-economic damages are intended to compensate for the following:
One additional damage category available is punitive damages. These are awarded in a civil lawsuit by a jury and are directly charged against the at-fault driver. In other words, the amount of punitive damages will be paid from the at-fault driver’s personal assets, not their liability insurance. In Kentucky, there is no cap on punitive damages.
If a distracted driver caused the death of a loved one, the surviving family could file a wrongful death claim. Those survivors would be entitled to seek the following damages:
Before you file your claim, you and your distracted driving accident attorney will need to work together to arrive at the total amount you are seeking. The Peterson Law Office team knows what is considered fair and reasonable in these circumstances.
Ready to take the next step towards seeking compensation for your distracted driver accident?
If so, you’re ready to speak to Peterson Law Office. At our first free consultation, we can discuss the specifics of your accident and provide guidance on your next steps. If that move involves us working together, we’ll get started right away. With only one year until the filing deadline, you don’t want to waste a minute.
We’ll keep you fully informed every step of the way and immediately share any responses from the insurance company. We’ll also fight to get our clients the maximum benefits allowed.
Our compassion and dedication to our clients are unmatched.
Call to schedule your consultation today.
Lexington • Richmond • Winchester • Georgetown • Mt. Sterling • Somerset • London • Danville
If you have any questions about a potential personal injury claim, call us or fill out the form below to schedule a free, confidential case consultation.
(859) 559-4160
