Lexington Car Accident Lawyer

A traumatic car accident can change your life forever. Not only will you be dealing with physical injuries but with financial and emotional stress as well. At Hare, Wynn, Newell & Newton, LLP, our Lexington car accident lawyers can help you with your case; call right now at (859) 550-2900.

Do NOT let your pain go unheard. We have been dedicated to providing innocent victims the care and legal guidance they need for over 125 years. Our team knows how to fight hard and fast against negligent drivers and their insurance companies.

If you are ready to start on the road to recovery, contact us to schedule an appointment with one of our compassionate and experienced Lexington car accident attorneys.

Why Should Hare Wynn | Accident & Injury Lawyers Handle your Lexington Car Accident Case?

Hare Wynn | Accident & Injury Lawyers is a Lexington institution of legal support for our clients. Since 1890, we have earned over 100 verdicts each in excess of $1 million. This level of success has earned us rankings among the “Best Lawyers in America,” the “Leading Firms and Lawyers in America,” and the only Kentucky firm to be named in National Law Journal’s “50 Most Elite Plaintiff’s Firms in America.” These outstanding achievements may sound good, but more importantly, they represent our greatest achievement – billions of dollars in compensation for our clients.

Hare Wynn | Accident & Injury Lawyers has the track record that reflects the results you want when you pursue compensation for your car accident claim. Whether we settle with the insurance company or take your case to court, when you select Hare Wynn | Accident & Injury Lawyers, you know you are getting the best. Our Lexington personal injury attorneys know how to deal with the insurance companies, and we are not afraid to take a case to court because we will not rest until you get the maximum compensation available to you by law.

The most obvious reason to utilize the skill of Hare Wynn | Accident & Injury Lawyers in your claim is that we do not charge anything for an initial consultation, so there is zero risk in giving us a call. At your initial meeting, we will review the elements of your case in detail so that you can make the best-informed decision about how to proceed.

What to Do If You Have Been in a Car Accident in Lexington

Even if you are not injured in a car accident, the confusion and frenzy following one can leave you both physically and mentally drained. However, it is important that you take certain steps following a car crash in order to start the process of developing a strong claim.

The first thing you should do is call 911 to report the accident. An officer will arrive at the scene to perform an investigation and write a collision report. If they don’t show up, you must fill out the report yourself within ten days.

Try to remain as calm and as mindfully aware as possible, then take these steps:

1. Get Medical Treatment – If you have been injured in the accident, then it is absolutely essential that you seek medical treatment immediately. Do not hesitate to ask for an ambulance to take you to the hospital, no matter how “small” you think your injury may be. It’s crucial that you don’t wait for days or weeks before your initial medical evaluation. The sooner you get checked out by a doctor, the sooner you can begin treating your injuries.
2. Collect Information – If you are uninjured, in a safe location, and are able to safely to do so, begin collecting the following information:
   • Names and contact information of drivers involved in the accident.
   • Auto insurance information.
   • Driver’s license information.
   • License plate numbers as well as make, year, and model of the vehicles involved.
   • If possible, take pictures of road conditions, road signs, skid marks, and the other cars involved.
3. During and After Medical Treatment – If you seek medical treatment, you should:
   • Always tell the truth to the doctor(s).
   • Make sure to take the medications as prescribed to you.
   • Do NOT stop medical treatment until otherwise notified by your doctor. Insurance companies look at gaps in treatment as evidence that the injury doesn’t exist or doesn’t require medical treatment. They will likely deny your claim or provide a low settlement offer.
   • Make sure to attend all follow-up appointments.
   • Maintain documentation of all your injuries.
4. Maintain Documentation – Your lawyer can help you to build a strong case by gathering important documentation, including:
   • Police reports.
   • Medical documents and reports.
   • Photos of the accident and of your injuries.
   • Eyewitness statements.
   • Letters from insurance companies.
   • Video surveillance of the crash.
   • Vehicle repair estimates and bills.
   • Liability insurance policies available.
5. Do NOT, at any time, talk about your accident online or on social media – Insurance adjusters will sometimes review your online activity and speak to witnesses to determine the severity of your injury. If you insist that you broke your leg but post a photo of yourself running a marathon on Facebook, that could result in a denied claim. Additionally, friends and family that are called to testify if your case goes to trial will have to be honest about your activity level after the accident.

We’ll Launch a Thorough Investigation Into Your Case

When you hire one of our Lexington car accident lawyers, we’ll begin our extensive investigation into your crash. We’ll start by requesting a copy of the collision report to determine how the accident occurred and who caused it. Oftentimes, the investigating officer on the scene will note in the report who they believe was at fault. The insurance company might dispute their findings, but we can use it as a baseline for proving liability.

Evidence is vital in any accident investigation. We’ll locate all the evidence we need to show that the other driver caused the accident, and you suffered injuries and losses as a result. We’ll also obtain the insurance policies of every potentially liable party in your accident to explore all avenues for compensation.

In Kentucky, there’s a choice no-fault system when it comes to car crashes. That means you must turn to your own auto insurance first to recover a settlement for your expenses. PIP, personal injury protection, is coverage on every driver’s policy that provides upfront payment of costs associated with medical care. You can use this form of insurance up until the limit you chose to purchase. Basic coverage is $10,000, but you can choose a higher limit.

Since basic PIP is usually not enough to cover all losses, you could file a claim with the liable driver’s auto insurance company as long as your injury meets at least one of the following thresholds:

• A compound, compressed, or displaced fracture of any bone, permanent disfigurement, fracture of a weight-bearing bone, or permanent loss of a bodily function; or
• At least $1,000 in medical expenses after the accident.

Some people choose to reject PIP, so we’ll need to look over your policy before filing the claim. If you rejected it, we can use other forms of insurance to compensate you for your medical bills and suffering endured after the crash.

The Type of Compensation You Can Receive

Understandably, when filing a car accident case, you will be concerned about the amount of compensation you can receive for your injuries. We understand the financial burden that many injury victims face; severe injuries can mean piling medical bills and an inability to return to work.

Because of this, we will seek to recover full damages for your suffering. Damages are all the losses associated with an accident and injury. Our dedicated and compassionate team of Lexington attorneys will help to secure compensation for but not limited to:

• Medical Expenses – Compensation will be provided to cover the costs of medical care related to the injuries you suffered, including past and future medical care costs.
• Loss of Earnings – Any wages lost from your inability to work or any reduction in wages can be recovered.
• Property Damage – This refers to any costs associated with repairing or replacing the vehicle involved in the accident. You can also receive compensation for personal belongings damaged from the crash.
• Pain and Suffering – The physical and emotional pain and suffering experienced after the accident. This can impact your employment, relationships, and abilities to perform routine tasks.
• Disfigurement – These damages are paid out when a major alteration to your physical appearance affects your ability to live a “normal life.”
• Loss of Quality of Life – These damages are paid out when you are no longer able to enjoy physical activities, personal relationships, and other aspects of life.
• Emotional Distress – These damages cover major psychological damage to the injured party (ex. anxiety or depression).
• Loss of consortium – When your relationships with your spouse or children are negatively affected, these damages may be paid out.

The above damages are only available in a liability claim with the at-fault driver’s auto insurance company. When you file a PIP claim, you can only pursue compensation for medical bills, lost wages, and out of pocket expenses.

Another form of available insurance is UM. Uninsured/underinsured motorist coverage provides a settlement when the liable motorist doesn’t have auto insurance, or the coverage isn’t enough to cover all your damages. It’s not a legal requirement in Kentucky; however, all auto insurance companies offer it to their policyholders. If you chose to purchase it, you could seek the following damages in a UM claim:

• Medical bills
• Lost wages
• Lost earning capacity
• Pain and suffering
• Out of pocket costs
• Car repair or replacement expenses

If you, tragically, happen to lose your loved one in a car accident, our experienced Lexington attorneys can also help to recover damages for:

• Funeral and burial expenses.
• Property damages.
• Loss of services which include activities and household services your loved one will no longer be able to perform.

Kentucky statute 411.130 defines wrongful death as a person’s death that someone else’s wrongful act or negligence caused. There’s a one-year statute of limitations for wrongful death. That means you must file a lawsuit within one year of your loved one’s death to be eligible for compensation.

The only individual allowed to pursue a wrongful death case is the personal representative of the deceased’s estate. Either your loved one named a personal representative, or the probate court will need to assign someone. The damages recovered will get distributed to the estate and the following surviving family members in order of eligibility:

• Spouse
• Spouse and children
• Children
• Parents
• Estate

What Causes a Car Accident?

When out on the road, we all are under the duty of care to drive responsibly to avoid an accident. However, when a negligent driver fails in this duty, they become legally responsible for any incident that takes place.

Individuals injured as a result of the at-fault driver’s behavior have a legal right to compensation.

Unfortunately, car accidents can occur for any number of reasons including:

• Bad Weather Conditions – Rain, fog, icy roads, snow, low visibility, and slippery streets are a cause for concern and can easily lead to an accident.
• Speeding – Speeding is extremely dangerous, and when coupled with bad weather or drunk driving, it can cause a chain reaction of accidents.
• Cell Phones & Electronic Devices – The huge increase in cell phone and electronic use has made our roads much more dangerous. The use of these devices is quickly becoming one of the leading causes of collisions.
• Intoxicated Drivers – Whether under the influence of alcohol or legal/illegal drugs, an intoxicated driver puts the lives of all other drivers in danger.
• Distracted Driving – Negligent behaviors such as eating, putting on makeup, focusing on the GPS, or general inattention can lead to a car accident.

Because the legal aspects of a car accident can become complex and convoluted, especially when multiple vehicles are involved, it is in your best interest to seek the guidance of a qualified Lexington car accident lawyer who can effectively uncover who the at-fault party is.

Most Common Types of Car Accidents

At Hare Wynn | Accident & Injury Lawyers, our team of Lexington car accident attorneys understands that every car accident is a unique case that requires skill and innovation to overcome any challenges that may arise. As trial attorneys, our team members are not afraid to take your case to litigation in order to get you the recovery you deserve.

Every one of our members is experienced and brings to the table their own valuable perspective and skill set. Because of this, we are able to handle a wide range of car accident cases, including:

• Accidents involving drunk drivers
• Accidents involving drugged drivers
• Accidents involving drowsy drivers
• Hit-and-run accidents
• Multi-vehicle accidents
• Rear-end collisions
• Distracted driving accidents
• Accidents involving uninsured/underinsured drivers
• Rollover accidents
• Bad Weather Condition Accidents
• Speeding Accidents
• Mechanical Failure/Car Defect Accidents
• Road Defect Accidents
• Single Car Accidents
• Drowsy Driver Accidents
• T-Bone Accidents
• Head-on Collisions
• Passenger Injury
• Self-Driving Car Accidents

The team at Hare Wynn | Accident & Injury Lawyers has recovered billions of dollars of compensation for our clients. Our track record speaks for itself and we are ready to put our skills to the test for you.

Contact us today at (859) 550-2900 for a free consultation.

Injuries After A Car Accident

Studies have shown that the victim’s location within the vehicle at the time of the accident has a direct impact on the type of injury they sustain. Aside from this, there are additional factors that can affect the type of injury endured, including:

• Whether or not a seatbelt was worn.
• The angle from which the car was hit (ex. rear, side or front).
• The direction the occupant was facing at the time of the collision.
• The speed at which the crash occurred.
• Whether or not airbags deployed.

Just as every accident occurs under particular circumstances, the type of injury suffered will vary as well. While not every crash will require those involved to seek medical attention, more serious ones can cause permanent damage and even result in physical or emotional disability.

Because of the speeds and force associated with auto accidents, victims may deal with serious injuries that can include but are not limited to:

• Contusions
• Soft tissue injuries
• Broken bones
• Scrapes and cuts from broken glass
• Neck and back injuries (whiplash)
• Injuries to the chest, including fractures to the rib or sternum
• Facial injuries
• Head injuries
• Internal bleed
• Concussions
• Brain injuries
• Trauma to internal organs
• Emotional and psychological trauma
• Chronic pain
• Wrongful death

If you have been injured in an accident in Lexington, it is absolutely crucial that you seek medical treatment immediately.

The Lexington car accident lawyers at Hare Wynn | Accident & Injury Lawyers understand that serious injuries come with a hefty cost. From medical bills to time missed from work, your financial situation can change drastically. Because of that, our attorneys will work diligently to ensure that you recover everything that is owed to you.

What Is the Cost of a Lexington Car Accident Attorney?

Getting hurt in a motor vehicle crash can put a financial strain on anyone. You’re already figuring out how you’re going to pay your medical bills and support your family even though you can’t work. We don’t want to add to your burden, which is why we take cases on contingency. That means you don’t have to pay upfront fees or costs to receive legal representation. We won’t collect our legal fees unless we recover the financial compensation you deserve. If we lose your case, you won’t have to pay us.

Lexington Car Accident Statistics

The Lexington Police department does an excellent job of summarizing accident statistics on an annual basis. This lets us know the leading causes of car accidents in the region, as well as the most dangerous intersections in our area.

In a review of the car accidents that occurred in the Lexington area in 2017, the highest factors were driver inattention, out-of-control driving, and failure to yield. One of these factors likely played a part in your accident, and at Hare Wynn | Accident & Injury Lawyers, we strongly believe that the responsible parties should pay.

The 2018 Lexington Police Department traffic report indicates that running red lights is a major problem causing many injury accidents. The most dangerous intersections in Lexington for red light disobedience include:

• • E Main Street and Elm Tree Lane
  • Moore Drive and Nicholasville Road
  • E Vine Street and Rose Street
  • E-W Main Street and N-S Limestone
  • Liberty Road and Old Todds Road

These intersections each saw 6-7 injury collisions over the course of the year. This data shows us that we need to display extra vigilance while proceeding through these areas. If you have been harmed in an accident in any of these intersections, please do not hesitate to call us at Hare Wynn | Accident & Injury Lawyers for a free consultation to review your claim.

When it comes to accidents that occur at intersections, the Lexington Police Department indicates that the most common cause is overwhelmingly the failure to yield the right of way. The other common factors include overall inattention and then a collection of other factors that each make up less than 2% each, including drug and alcohol use, unsafe speeds, driving out of control, driving improperly, and several other factors.

When you experience an injury accident in an intersection, it is imperative that you collect information about the specific circumstances that were involved because this will be valuable evidence in your case. Contact us at Hare Wynn | Accident & Injury Lawyers to review this information and to create a legal strategy for your case.

Lexington police highlighted alcohol collision data for 2017 in their most recent report, showing that of the 5,350 alcohol-related collisions, 137 resulted in fatalities. If you suffered the loss of a loved one due to an alcohol-related accident, please accept our most sincere condolences. Hare Wynn | Accident & Injury Lawyers is available to assist you with a wrongful death claim for your loss so that you can recover damages for medical expenses, funeral and burial costs, as well as to establish a financial legacy for your family member. They may be gone, but they will never be forgotten.

Lexington, KY Car Accident Statistics – 2019 Update

Car accidents are prevalent across the Bluegrass State. Every year, tens of thousands of people suffer injuries and have their lives forever changed because of a car crash in Kentucky. In 2019, there were a total of 132,374 wrecks statewide, down 1.4% from 2018.

What about Lexington and Fayette County? According to statistics from the Kentucky State Police, roughly one out of every 10 car accidents in the state happens in Lexington and surrounding towns in Fayette County.

In 2019, the county saw a total of 13,582 crashes, resulting in:

• 25 fatal car accidents resulting in 33 deaths, and
• 1,997 injury-causing collisions, injuring 2,777 people.

Compared to 2018, there were fewer fatal crashes, but more car accident-related deaths in 2019.

Fayette County, KY Drunk Driving Accidents and Injuries

Lexington saw a rise in drugged and drunk driving accidents between 2018 and 2019.

In 2019, drug-impaired drivers were involved in 113 wrecks in Fayette County, resulting in 3 deaths and 59 injuries. The total of drug-related crashes is up 10% from 2018, while fatalities and injuries increased by 50% and 20%, respectively.

There were a total of 395 drunk driving auto accidents in Fayette County, Kentucky in 2019, up about 7% from 2018. Drunk drivers were responsible for 9 fatal crashes (resulting in 17 deaths) and 88 injury-causing wrecks (affecting 134 people). That represented an increase in fatal DWI car accidents and a decline in non-fatal injury-causing DUI collisions.

Kentucky Laws Associated with Car Accident Cases

If you decide to file an insurance claim for compensation for your damages, you should do so as soon as possible. Some claims take years to resolve, and if the insurance company decides they don’t want to pay the maximum amount you deserve, you’ll need to move forward with a lawsuit. Lawsuits come with strict deadlines, and if you don’t comply, you’ll lose your right to pursue compensation and hold the at-fault driver accountable for their actions.

It’s crucial that you pay attention to the state’s statute of limitations for filing a lawsuit. You’ll only have one year from the accident date to sue the other motorist if it resulted in injury or death. If you’re filing a lawsuit to recover damage to your vehicle or personal belongings, the statute of limitations is two years.

Whether you’re filing a claim or lawsuit, you should also pay attention to the pure comparative fault rule. This reduces your compensable damages by the percentage of fault you share. For example, if you incurred $100,000 in damages, but it’s discovered that you were 20% to blame for the crash, you would only be allowed to seek a maximum of $80,000 in compensation.

Car Accident Lawsuits in Kentucky

Most car accident cases hinge on the legal theory of negligence. Negligence refers to one party’s failure to provide a reasonable degree of care to another to avoid harming them. If you want to file a lawsuit against the other driver for their negligent actions, you must prove the following elements exist:

1. Duty: They owed you a reasonable duty of care to prevent injury;
2. Breach of duty: They breached their duty;
3. Cause in fact: If it weren’t for their actions, you wouldn’t have suffered harm;
4. Proximate cause: Their breach was the direct cause of your injury; and
5. Damages: You incurred damages as a result of the accident.

Lawsuits are complicated procedures, and your Lexington car accident lawyer can handle each step, so you don’t have to worry about doing anything yourself.

Prepare documents – We’ll begin by preparing all legal documents necessary to file with the civil court system. We’ll include a Complaint that explains what happened, how it occurred, and the actions we’re taking against the at-fault driver. We’ll also prepare a Summons to serve the defendant notifying them of their obligation to show up in court.

File – We’ll file all the documents we prepared and hire a process server to track down the defendant and provide them with the documents.

Discovery – The discovery process involves requesting the defense attorney for evidence they found during their investigation and information from the defendant.

Depositions – We might schedule a deposition to interview the liable party under oath and ask them questions associated with the case.

Mediation – Sometimes, we can meet with the opposing side in an attempt to reach a settlement agreement and avoid going to court.

Trial – If we’re unable to settle the case, we’ll move forward with trial proceedings.