Drivers in Kentucky are required to stop at any accident scene they are involved in and the incident must be reported if there are any injuries, a certain level of property damage, or if a fatality occurs. When drivers leave the scene of a collision in Kentucky without stopping to assess the situation, they could be violating the law. Unfortunately, this leaves hit-and-run accident victims struggling to recover the compensation they are entitled to. A Lexington hit-and-run accident lawyer can help you starting today.
How Will an Attorney Help Your Case?
When you are the victim of a hit-and-run, it can feel overwhelming to know what steps to take next. The right attorney can provide important guidance and support throughout the legal process. Here are several ways an experienced Lexington car accident lawyer can help your case:
- Conducting an investigation. A lawyer will examine every detail of the accident, gathering all available evidence, such as traffic camera footage, photographs taken by you or others, witness statements, and reports from the responding law enforcement office to help make your case against the at-fault driver.
- Communicating with insurance companies. Negotiating with insurance carriers (the other party’s or even your own) can be challenging, especially when dealing with a hit-and-run claim.
- Filing legal documents. The legal process involves filing specific paperwork and meeting strict deadlines. Your attorney will ensure all necessary legal documents are filed correctly and on time.
- Identifying all sources of compensation. If the at-fault driver cannot be located, your attorney will explore alternative compensation options, such as uninsured motorist coverage or filing a claim with your own insurance company.
- Representing you in court. If the case goes to trial, having a lawyer by your side is crucial to presenting a strong case and maximizing your chance of a favorable outcome.
In a hit-and-run case, it is vital to have an attorney who understands Kentucky laws and knows how to navigate the legal system to protect your rights.
What Evidence Can Help After a Hit-and-Run in Lexington?
After a hit-and-run accident, gathering evidence is critical to proving your claim and recovering compensation. While identifying the at-fault driver may seem daunting, there are various types of evidence that can assist in tracking down the responsible party or building a strong claim. Some of the most valuable evidence in a hit-and-run case includes:
- Traffic camera footage. Many intersections in Lexington, particularly high-traffic areas like Man O’ War Boulevard and New Circle Road, may have surveillance cameras that may capture the accident or show the fleeing vehicle.
- Eyewitness testimony. If anyone witnessed the hit-and-run collision or saw the other driver and vehicle, their account can provide important case information, such as the make and model of the vehicle or its direction of travel.
- Vehicle damage. In some cases, paint or debris from the at-fault vehicle may be left at the scene. This evidence can help law enforcement narrow down the type of vehicle involved.
- Police reports. Filing a police report is essential in a hit-and-run case. Law enforcement may have access to additional resources and databases that can aid in identifying the fleeing driver.
- Security camera footage. Businesses, homes, or other properties near the collision area may have security cameras that captured the incident or the vehicle fleeing the scene.
Will Your Insurance Cover Your Losses?
When the at-fault driver in a hit-and-run accident cannot be identified, you may need to turn to your own insurance policy for compensation. In Kentucky, drivers have the option to carry uninsured motorist coverage (UMC), which can help cover your losses in a hit-and-run accident if the driver is never located. This type of coverage can include:
- Medical expenses. UMC can cover medical bills, including emergency room visits, surgeries, hospital stays, as well as any long-term therapy or rehabilitation needed.
- Lost wages. If your injuries prevent you from working, you may be able to recover lost income through your uninsured motorist coverage.
- Property damage. Some insurance policies also include coverage for damage to your vehicle, though not all policies offer this protection.
Filing a Lawsuit Against the At-Fault Driver
If the at-fault driver is located and identified, you may be able to file a personal injury lawsuit to recover compensation for your damages. In Kentucky, the injured party must prove that the other driver was negligent and that their breach of duty (their careless or negligent action) caused the accident and your injuries. Speak to a Lexington injury lawyer to learn more.
Some of the recoverable damages in these situations:
- Medical expenses. This includes any past and current medical expenses as well as future medical bills related to the accident, such as surgeries, doctor visits, and rehabilitation.
- Lost wages. You may be entitled to compensation for the time you missed from work due to your injuries. In cases of long-term or permanent disability, you may also recover compensation for to cover your lost earning ability.
- Pain and suffering. Hit-and-run accidents can cause physical and emotional pain. Compensation for pain and suffering can help address the psychological impact of the hit-and-run collision, including anxiety, depression, or post-traumatic stress disorder (PTSD).
- Property damage. You can also recover compensation for damage to your vehicle and other personal property damaged in the crash.
A successful lawsuit requires thorough investigation and documentation of your injuries, property damage, and financial losses, which is why having an attorney with experience in hit-and-run cases is critical.
Hit-and-Run Accidents and Recovering Compensation in Kentucky
Recovering compensation after a hit-and-run accident in Kentucky can be a complex process, but you do have options. Depending on the circumstances of the hit-and-run in Lexington, compensation may come from several sources, including:
- The at-fault driver’s insurance. If the driver is identified, their insurance company may be responsible for covering your medical bills, lost current and future earnings, and property damage.
- Uninsured motorist coverage. If the driver cannot be located, your uninsured motorist coverage can help cover your losses.
- Personal injury protection (PIP) coverage. Kentucky is a no-fault state, meaning your PIP insurance will cover your medical bills and lost income up to the policy limits, regardless of who caused the collision.
How Long Do You Have to File Your Claim?
Kentucky law sets a time limit, known as the statute of limitations, for filing a personal injury claim in civil court. For car accident cases, including hit-and-run accidents, you typically have two years from the date of the accident to file a lawsuit. This differs from the one-year statute of limitations that applies to most other personal injury claims in Kentucky.
It is crucial to file your claim within this time frame, as missing the deadline could prevent you from recovering compensation. Your attorney will ensure that all legal deadlines are met and that your case is filed in a timely manner.
Contact a Lexington Hit-and-Run Accident Lawyer Today
Hit-and-run accidents are particularly distressing because they leave victims not only dealing with the trauma of the crash but also with the frustration of not knowing how to pursue compensation. At Gary C. Johnson, P.S.C., we understand the challenges hit-and-run victims face, and we are committed to helping you navigate the legal process. We can offer a free consultation on your situation today. Please complete out our contact form or call us at (800) 337-4002.
