PERSONAL INJURY LAWYER & WRONGFUL DEATH LAWYERS

WHAT TO DO IN CASE OF AN AUTOMOBILE ACCIDENT

STOP

Kentucky law requires that the driver of a vehicle involved in an accident resulting in personal injury or death, or resulting in damage to a vehicle which is driven or attended by any persons, shall immediately stop his vehicle at the scene of the accident or as close to the scene as possible. The stop shall be made without obstructing traffic more than is necessary. The driver shall immediately return to the scene of the accident.

ASSIST THE INJURED

Your first duty, after stopping your car, is to check for injured persons. If someone is seriously injured, try to get a doctor or call an ambulance, whichever is quicker.

Make the injured person comfortable but do not move him unless you know what you are doing. Good intentions on your part may result in further injury to the victim.

Kentucky law requires that you render to any injured person reasonable assistance, including the carrying, or the making of arrangement for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

PROTECT THE SCENE

Make every effort to prevent further accidents. If possible, have someone stationed to warn approaching vehicles. If at night, and flares and reflectors are available, put them out or have it done; if you have a flashlight, use it.

CALL AN OFFICER

Any person operating a vehicle who is involved in an accident resulting in fatal or non-fatal personal injury or rendering the vehicle inoperable shall immediately notify a law enforcement officer. If the accident occurs within a city, the local police department should be notified; if it occurs outside of the city limits, the county sheriff or county police department or the nearest office of the Kentucky State Police should be notified. A police officer's report may greatly assist you later if a liability claim is made.

COMMENT

Do not comment on the accident. Keep your notes and information to yourself. Admit nothing and sign nothing. Why? Kentucky No-Fault insurance law does not apply to property damage to either automobile, nor does it necessarily apply to a personal injury. Since a $1,000 medical expense can classify as a serious injury, serious injuries do occur with frequency in motor vehicle accidents.

There is plenty of time to admit blame later if the facts clearly show that you alone were wrong.

Kentucky law does require that you give, if requested, the registration number of the vehicle and also the names and addresses of the owner, occupants and operator of your vehicle to the party in the other vehicle.

Kentucky also requires that each vehicle owner carries automobile liability and reparations benefit coverages. Carry your proof of insurance and certificate of registration in your vehicle.

ASSIST THE OFFICER

Remain at the scene, unless injured, until the officer arrives. Cooperate with the officer by advising him of the basic facts briefly. Remember: no one can force you to give an opinion as to the cause of the accident at the scene, at police headquarters or elsewhere. You have the right to consult a lawyer before making any statement. If it is a serious accident, consult him as quickly as possible.

IDENTIFY THE OTHER DRIVER

Obtain the other driver's name, address, insurance information and the registration number of the vehicle he is driving. Kentucky law requires him to give this information and, of course, requires you to do the same.

WITNESSES

Obtain the names and addresses of any and all witnesses as soon as you can – both eyewitnesses and all others who might have some information about any of the circumstances of the accident. After writing down their names and addresses, attempt to obtain from these witnesses a statement as to what happened and have them, if they will, write it down at the scene. Always have a pencil and pad, in the glove compartment of your car.

TAKE NOTES

Make your own written notes on all significant circumstances concerning the accident. Show position of cars after the accident. Step off exact distances of skid marks and other important distances. Be certain that you can, at a later date, point on the road where the vehicles collided and where they came to a stop. If you or someone else has a camera at the scene, take pictures of cars and other physical evidence that will disappear after the accident.

ARRESTS

An arrest at the scene of the other party or yourself does not necessarily indicate liability. An arrest and conviction in connection with an automobile accident cannot ordinarily be used against you later in a suit for damages. A plea of guilty may be used as an admission, so it is important that you contact your lawyer as soon as possible before admitting any liability or guilt.

WHEN TO LEAVE THE SCENE

When an accident occurs, do not leave the scene of the accident until you have, as outlined previously, assisted the injured, protected the scene, called an officer, if required, and assisted him, identified the other drive, given your name, address and registration number to the other drive, obtained the names, addresses and statements of all witnesses, and made notes. If an unattended vehicle or other property is involved, you should attempt to locate and notify the owner of the vehicle or property of your name, address and registration number. If the owner cannot be found, this information should be left in a conspicuous place or a report filed with the local police department.

SEE A DOCTOR

Remember that serious and costly injuries do not always result in immediate pain or bloodshed. Accept the offer of medical transportation to an emergency room.

INFORM INSURANCE COMPANY

Make a complete report to your automobile liability insurance company immediately, or , if you desire, have your lawyer make the report for you. Failure to make a prompt report may void your insurance. If your car was damaged more than the deductible amount, similarly notify your automobile insurance company.

PAY NOTING

Make no immediate payment of any kind to the other party and do not promise to make a payment. Any such payment would be at your own risk. The other drive cannot force you to make any payment without legal proceedings, nor can he hold your car without legal action.

SELECT YOUR OWN LAWYER

Be cautious in dealing with persons offering to adjust your case or anyone seeking to hurry you into a settlement. Where property damage or injury occurs, a lawyer is trained to assist you in handling the problems which are created as a result of an accident. Select your own lawyer to advise you.

KENTUCKY WRONGFUL DEATH ACTIONS

The Kentucky Constitution of 1891 provided for wrongful death actions as well as recovery for injuries the deceased suffered prior to death. The wrongful death action was to provide relief for the losses suffered by the beneficiaries because of the death. Since the adoption of the Kentucky Constitution of 1891 many statutes have been passed in Kentucky concerning wrongful death. The general wrongful death statute points out that the personal representative of the estate is the proper person to bring the action but the proceeds are distributed first to the surviving spouse if no children; to the surviving children if there is no surviving spouse; if both spouse and children survive ½ to the children and ½ to the spouse; if no children or spouse survives, to the parents of the deceased; and if the deceased is not survived by spouse, children, or parents then to the deceased brothers and sisters.

There are numerous other special wrongful death statutes concerning the wrongful death of a minor, wrongful death by a deadly weapon, and the death of an unborn child.

In determining the measure of damages in a wrongful death and survival claim, there are several broad areas of damages. Concerning general wrongful death claims, there are losses to the decedent’s estate, damages suffered by the deceased prior to death, funeral expenses, costs of administration of the estate, and loss of consortium. Loss of consortium deals with the loss of services of a minor child, loss of parental care, or the loss of love and affection from the death of a spouse. The loss of the estate is determined by the loss of the decedent’s power to earn money for the rest of their life. In other words the destruction of the decedent’s power to labor and earn money must be calculated. The calculation deals with how much the deceased was earning at the time of their death and the probable years of life expectancy. Other factors may include their state of health, their ability to retain employment, the type of occupation they had at the time of their death, and the amount of their earnings. All of these elements are considered as factors in determining the loss of earning power. The wrongful death statute does not allow for pain and suffering or medical bills unless there was pain and suffering and medical bills as a result of the injuries prior to death. This obviously is determined by the length of time that the decedent lived prior to dying.

If the death occurs as a result of working in a place of employment, then the State of Kentucky’s Workers’ Compensation Act applies and not the Kentucky wrongful death statutes. If a third-party causes the death of the decedent then both the Kentucky wrongful death statutes and the Kentucky’s Workers’ Compensation Act apply. The amount recoverable under the Kentucky’s Workers’ Compensation Act is normally considerably less than can be recovered under the wrongful death statutes in Kentucky.

A wrongful death action can be extremely complicated and legal advice and representation should be sought as soon as possible after the death.

SLIP AND FALL CASES

Slip and fall is a generic name for many types of accidents including slipping and falling inside retail establishments and businesses, outside on parking lots, tripping and falling on premises, or merchandise falling on individuals in retail establishments. The law of slip and fall cases in Kentucky has changed over the years and cases are basically classified as indoor slip and fall cases or outdoor slip and fall cases.

Indoor Slip and Fall Cases

If an individual falls on a foreign substance and is injured the burden shifts to the retailer to prove that its employees did not cause the substance to be on the floor and that it has not been on the floor for a lengthy period of time so that it could be discovered. Even if the material or liquid is open and obvious the burden still shifts to the retailer to prove that it either did not place the object or the object had not been there for a lengthy period of time. The fact that the object is open and notorious does factor in to the negligence on behalf of the individual who falls because in Kentucky we have what is called comparative negligence.

Juries in Kentucky have tended to dismiss minor falls in small puddles of liquid but rule in individuals favor when there is a significant fall with a dramatic injury in large puddles of liquid. The injured party must persuade a jury that a real and serious injury occurred and that the store failed to keep its floors clean.

Outside Slip and Fall Cases

Owners of premises that are open to the business public have a duty to keep their premises safe and free to hazardous conditions. A customer has no duty to inspect or seek out to discover dangerous conditions. But when it comes to natural outdoor hazards that are obvious to an individual, those outdoor natural hazards do not constitute unreasonable risks. The landowner does not have a duty to remove or to warn against ice and snow on the property. The reasoning is that the business customer can readily see the ice and should reasonably anticipate the fact that it is an obvious natural hazard. The Courts hold that all natural hazards outdoors are equally apparent to both landowners and business customers. Many cases are decided by the fact that the customer fell coming from the store to the parking lot and had already passed over the area going into the store and therefore was aware of the conditions. As previously stated, there is no duty to clear sidewalks or parking lots of ice and snow by business owners. But, if a landowner makes an effort to clear snow and ice they must do so in a reasonable manner and negligently clearing a sidewalk or parking lot can create liability on behalf of the landowner. Black ice is especially a problem for both landowners and business customers. It is almost impossible to see by either even though it creates a dangerous condition. Kentucky cases have held that business owners have no duty to discover and remove an invisible black ice hazard.