Kentucky Accident Law Overview
Every year millions of people are injured in motor vehicle accidents - many very
seriously. In fact, according to the National Highway Traffic Safety
Administration, every 10 seconds someone in the United States is involved in a
car accident. In 2000, there were an estimated 6,279,000 police reported
traffic crashes, in which 41,611 people were killed and 2,699,000 people were
injured. Other startling facts are as follows:
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Motor vehicle crashes are the leading cause of injury death in the United States
for people ages 1-34.
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Motor vehicle crashes took the lives of 5,606 teenagers and 2,027 children in
1999. Older adults, as a group, are also at higher risk of dying from motor
vehicle crashes.
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In the United States, 4,881 pedestrians
died from traffic-related injuries and another 69,000 pedestrians sustained non-fatal
injuries in 1999.
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In 2005, 33% of traffic fatalities were alcohol
related; either the driver or an affected person (e.g., a pedestrian or a
bicyclist) had a blood alcohol concentration of at least 0.10 gram per deciliter
(g/dl).
At Saladino Oakes & Schaaf we use our experience in handling accident cases
to help you receive fair compensation for your injuries. Evaluating all of
the facts involved in the cause of a motor vehicle accident requires skill and
experience. Our office will take over the investigation of your case so that
you can concentrate on recovering from your injuries. In certain cases, we may
be able to assist you in finding an appropriate medical specialist to treat you,
and we can make arrangements with your medical care providers to wait for
payment until your case is resolved through settlement or trial.
Automobile accidents are generally decided using the law
of negligence. A person who negligently operates a vehicle may be required
to pay any damages
caused by their negligence, either to person or property. Generally, people who
operate automobiles must exercise "reasonable
care under the circumstances." Failure to use reasonable care is the basis
in most lawsuits for damages caused by an automobile accident.
Courts look to a number of factors in determining whether a driver was negligent.
Some examples of these factors include, but are not limited to, the following:
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Driving too fast or too slow
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Driving under the influence of drugs or alcohol
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Failing to signal while turning
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Disregarding weather or traffic conditions
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Disobeying traffic signs or signals
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Failing to drive on the right side of the road
A driver may also be liable for an accident caused by intentional
or reckless conduct. A driver who is reckless is one who drives unsafely, with
willful and wanton disregard for the probability that the driving may cause an
accident. In certain cases, accidents are caused by factors unrelated to the
conduct of any particular driver. For example, under the law of product
liability, an automobile manufacturer or supplier may be responsible for
injuries caused by a defect in the automobile, or a component of the automobile,
as in the Firestone
tire litigation. A products liability suit is a lawsuit brought against the
seller of a product for selling a defective product that caused physical injury
to a consumer or user. If a manufacturer of a product creates a defective
product - either in developing, designing or labeling the product - the
manufacturer is liable for any injures the product causes, regardless of whether
or not the manufacturer was negligent.
In another example, if a mechanic fails to properly repair a vehicle, and the
failure causes an accident, the person who improperly repaired the automobile,
and his repair shop, may be liable for injuries sustained. Other factors such
as poorly maintained roads and malfunctioning traffic control signals can
contribute to the cause. Improper design, maintenance, construction, signage,
lighting or other highway defect, as well as improper striping on the road's
passing lanes, a sharp obstruction or problem with the roadway that obstructs
drivers' vision, or poorly placed trees and utility poles can also cause serious
accidents. Finally, if an accident is caused by an intoxicated driver, a bar
or social host may be liable for damages sustained if they served an obviously
intoxicated guest, who then drives and causes an accident. See Drunk
Drivers.
In all automobile accident cases it is essential that measures be taken promptly
to preserve evidence, investigate the accident in question, and to enable
physicians or other expert witnesses to thoroughly evaluate any injuries. If you
or a loved one is a victim of an automobile accident, call Saladino Oakes & Schaaf
now at (270) 444-0406 or Toll Free: 800-564-4238 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of
charge, and if we agree to accept your case, we will work on a contingent
fee basis, which means we get paid for our services only if there is a
monetary award or recovery of funds. Don't delay! You may have a valid claim
and be entitled to compensation
for your injuries, but a lawsuit must be filed before the statute
of limitations expires.
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The above is not legal advice. That can only come from a qualified attorney
who is familiar with all the facts and circumstances of a particular, specific
case and the relevant law. See Terms
of Use.
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