Drunk driving remains one of the leading causes of accidents on roadways throughout the United States. Often, these incidents can leave behind victims who must struggle with life-changing injuries, financial burdens, and emotional trauma from the crash. Unfortunately, some families might never see their loved ones come home, as drunk driving claims thousands of lives every year.
Drunk driving is not just a criminal manner but a civil one as well. Under Kentucky law, you have the right to take legal action against a reckless driver who maimed you or claimed the life of a loved one.
At Peterson Law Office, we are here to help. Our Lexington drunk driving accident lawyer can help you take the steps toward pursuing justice and securing compensation. Our work together begins with an initial consultation. So, reach out to our law firm to schedule this meeting now.
Collisions Caused by Intoxicated Motorists Change Lives
Drunk driving accidents are entirely preventable. Despite awareness campaigns and strict laws, these crashes continue to cause life-altering injuries and claim lives. According to nationwide data collected by the National Highway Traffic Safety Administration, 13,524 people died in alcohol-impaired driving deaths in 2022. That breaks down to 37 drunk driving crashes each day or one fatal crash every 39 minutes.
These accidents are not like typical crashes; there is usually an element of high speed, erratic driving behavior, and other factors that lead to the collision. As a result, it can leave other drivers, passengers, and even pedestrians with serious injuries, such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal organ damage
- Severe burns
- Lacerations
- Permanent disabilities
Many times, these injuries require extensive medical treatment, rehabilitation, and long-term care. As a result, that can leave the victim and their family with an overwhelming financial burden.
Kentucky’s Driving Under the Influence Laws
Like most states, Kentucky has a law that prohibits drivers from operating vehicles while intoxicated. It is illegal to operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. The limit is 0.04% for commercial drivers, and for drivers under 21, that limit is lowered to 0.02%.
When a drunk driver causes an accident, they may face both criminal and civil consequences. These drivers can face fines, license suspension, and jail time with a conviction.
Civil claims are different. While there is no threat of jail time for the defendant, the victim and their family can seek compensation for the damages caused by their negligence. In these cases, you will want to have an experienced Lexington drunk driving accident lawyer to assist with the process and get started with building a solid claim.
Liability and Vehicle Accidents Caused by Drunk Drivers in Lexington, KY
Negligence plays a major role in these accidents. When someone gets behind the wheel and drives, that can be considered a reckless and negligent action. However, your attorney must prove the following elements of negligence to reach a successful conclusion. They include:
- Duty of care: All drivers have a legal obligation to operate their vehicles responsibly and follow traffic laws.
- Breach of duty: Driving under the influence breaches this duty of care since it endangers others on the road.
- Causation: Your lawyer must show that the drunk driver’s actions directly caused the accident and your injuries.
- Damages: You must have evidence of the damages you suffered, such as medical bills, lost wages, and pain and suffering.
Evidence like the police report and eyewitness accounts from the scene can all help to show that the drunk driver was reckless and caused the crash. You will want to work with a drunk driving accident lawyer in Lexington to discuss the details of your case.
Seek Compensation From the Responsible Motorist
If you have been injured or lost a loved one in a drunk driving accident, you could be entitled to compensation. This may include:
Economic Damages
Examples of these types of losses include:
- Current and future medical expenses
- Rehabilitation and therapy costs
- Lost wages and diminished earning capacity
- Property damage
Noneconomic Damages
These losses, generally, don’t have bills associated with them and may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship in wrongful death cases
Punitive Damages
Kentucky law allows courts to award punitive damages in cases of egregious negligence, such as drunk driving. Courts consider several factors when awarding punitive damages, including the severity of the misconduct and the impact of the accident on the victim’s life.
These damages can increase the total compensation awarded in your case. You will need to ask your attorney whether you may be entitled to these damages in your claim.
Drunk Driving and Wrongful Death Claims
Tragically, drunk driving accidents often result in fatalities. Losing a loved one due to someone else’s reckless behavior is devastating, and no amount of money can compensate for the loss. However, filing a wrongful death claim can provide financial stability for surviving family members and hold the at-fault party accountable.
Under Kentucky law, the personal representative of the deceased’s estate is responsible for filing a wrongful death claim. Damages recovered are distributed to the deceased’s spouse, children, or other beneficiaries.
Families like yours may seek compensation for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship and guidance
- Emotional suffering endured by you as surviving family members
Insurance Challenges in Drunk Driving Accidents
Insurance companies often play a central role in personal injury claims. However, dealing with them can be frustrating and difficult. While Kentucky is a “no-fault” state for most car accident claims, drunk driving cases and others resulting in catastrophic injuries may be an exception to this rule. In these cases, victims may pursue claims directly against the at-fault driver because generally their damages are far more significant than what a victim’s own insurance limits may cover.
But there are issues that you may face when dealing with insurers:
- Lowball settlements: Insurers may offer settlements that fail to cover the full extent of your damages.
- Disputing liability: Some insurers may attempt to shift blame onto the victim or downplay the drunk driver’s role.
- Delaying claims: Insurance companies may stall the claims process to pressure you into accepting a lower payout.
When you work with an experienced drunk driving accident attorney like ours, we can counter some of the above tactics. At Peterson Law Office, we know how insurers try to minimize their payouts. We will help you try to get the maximum compensation you deserve under the law.
Why Choose To Work with Our Lexington Drunk Driving Accident Lawyer?
At Peterson Law Office, we understand the devastating impact of drunk driving accidents. Our team is committed to fighting for justice. We will make sure that negligent drivers are held accountable. There is no excuse for driving while intoxicated. These drivers are a danger to everyone on the road, and in every case, these accidents could have been prevented.
We have decades of success in personal injury and drunk driving accident cases. When you work with us, we will treat you with respect and provide personalized legal support. Our top priority is you and your family.
If you or a loved one has been injured in a drunk driving accident in Lexington, don’t face this challenging time alone.
At Peterson Law Office, we are here to help. Our Lexington drunk driving accident lawyer can assist with the entire process. While the state will handle any potential criminal charges, we can make sure that these negligent motorists face the financial consequences of their actions.
Contact us today for a free consultation. You need to focus on healing. Allow our legal team to take on the insurers to help you get the compensation you deserve.
