When you’re in a car accident, there are some cases where you can bring a claim against a person for negligence. If you have questions, contact a Louisville, KY car accident attorney right away to better understand your position and what you should do next.
The Legal Process of Proving Negligence in a Louisville, KY Car Accident Case
Kentucky’s Choice No-Fault System
In a no-fault situation, it doesn’t matter who was negligent: each driver’s own insurance policy should cover them. But in Kentucky, you have the choice to opt out of this system. When you get car insurance, your insurer will have offered you Personal Injury Protection (PIP), and if you don’t want this, you will have to opt out in writing and file this rejection with the Department of Insurance.
Opting out allows you to bring a lawsuit against another driver if they are negligent; it also opens you up to lawsuits, too, which is why many people opt in to the system. Your first step, therefore, is to evaluate your status and that of the other driver.
But even if you are both within the system, you could still bring a claim if you have at least $1,000 in medical bills or the accident caused certain types of serious injury. Talk to a lawyer to learn more about whether a lawsuit is an option for you. Assuming that it is, the following is how you prove negligence.
Proving a Duty of Care
To show that someone was negligent, you must first show that they had a duty of care. In car accidents, this is fairly simple to prove. By choosing to drive, every person behind the wheel has a duty of care to all other road users. The duty requires them to obey traffic regulations, drive carefully for the conditions, and avoid driving when impaired or distracted.
Proving Violation of the Duty of Care
The next step is to show that the other driver violated the duty of care, and this is where you will need clear evidence. Your lawyer will help you understand exactly what evidence is best, but it might include photos, witness testimony, video recordings of the accident from a dash cam or traffic camera, etc.
Proving a Direct Link
Finally, you need to show that the other person’s violation of the duty of care is what caused the accident. Again, you will need video, witness, and photographic testimony. Your lawyer may also call on expert witnesses, such as accident reconstruction specialists. Your lawyer will put this evidence together to make a compelling case to show that it was the other driver’s actions that caused the accident and your injuries.
Talk With a Car Accident Attorney Today
If you’ve been injured in an accident and need to know where you stand or get help in bringing a legal claim, reach out to us today at Winton & Hiestand Law Group in Louisville, where we serve clients in Kentucky, Ohio, Indiana, and Illinois.
