Deadly Car Accident In Henry County, KY
During the summer months, the use of major highways increases due to the several families travelling to spend time together on vacation. Despite careful and safe driving habits, car accidents are a safety hazard for travelers.
On July 2, 2015, there was a car accident involving a commercial and passenger vehicle near the 36 mile marker of I-71 in Henry County, Kentucky during which three people were injured and a 6-year old child died. Diesel fuel spilled onto the interstate, causing the southbound lanes to be closed for hours.
Numerous accidents occur among commercial and passenger vehicles every week. Kentucky's most recent car accident statistics show that 63% of all collisions involve a moving motor vehicle, resulting in 257 persons killed in 2013. There were 907 collisions in 2013 on I-71, eight of which were fatal collisions.
Kentucky is a "comparative fault" state. The individual you plan on filing a lawsuit against may bring a defense that claims you were partially or completely negligent and at fault for the injuries you have suffered, and that you should not receive any damages. Comparative negligence is a partial legal defense which can reduce the amount of damages you may be able to receive based upon the degree of your own negligence which contributed to the accident.
For example, if you are found by the jury to be 20% responsible for the accident and the defendant is 80% at fault, the court would reduce your total damages by the amount equal to your 20% responsibility for the accident. This law requires courts to take into consideration the plaintiff's negligent behavior when he or she was using the vehicle, therefore it is important to be prepared to argue against this defense in your lawsuit.
Deadline for Filing Injury Lawsuits in Kentucky State Courts
Kentucky, like almost every other state, has a deadline for filing a lawsuit against another individual or corporation called the "statute of limitations." The statute of limitations sets a deadline for filing a personal injury lawsuit in the state civil court system. Typically, in most cases, the deadline is one year after the accident occurred.
If you fail to file your lawsuit within the statute of limitations, then you are barred from ever bringing a civil claim against the one who caused you injury.
In automobile accident cases the statute of limitations can be longer. In cases in which PIP payments were made on behalf of the injured party the statute of limitations may be extended for two years after the last PIP payment. However, some claims such as loss of consortium are not extended. Therefore, it is important to consult with an experienced car accident attorney as quickly as possible following an accident.
No Fault State
Kentucky is a "no fault" state when it comes to automobile insurance. Regardless of who is fault in the accident, the insured injured plaintiff is compensated for his or her losses from his or her own insurance company. In order to be able to file a civil lawsuit against the individual who caused the accident, you must have exceeded your personal injury protection benefits and suffered a serious injury. Serious injuries include, but are not limited to permanent disfigurement and loss of bodily functions.
Goeing Goeing and McQuinn PLLC
It is important to understand you rights after a car accident, whether it involves a commercial or passenger vehicle. Reach out to an experienced auto accident attorney at Goeing Goeing and McQuinn PLLC. Lexington Kentucky Car Accident Attorneys at Goeing Goeing and McQuinn PLLC have extensive experience in prosecuting claims for automobile accidents.
You can call us today for a free consultation and case evaluation.