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Accidents with impaired drivers happen regularly across the state of Kentucky. Unfortunately, these incidents can be challenging to prove, even if it seems like liability is straightforward. If you have been harmed in an accident with the driver you suspect was impaired, there are some steps you can take to help increase the chances of recovering the compensation you truly deserve.
Drunk driving is a serious crime. Not only that, but it can have devastating consequences, not only for the impaired driver but for innocent victims as well. In Kentucky, drunk driving continues to be a significant problem. According to the official state data, there were more than 4,500 collisions involving alcohol, resulting in 1,789 injuries and 198 fatalities.
Driving under the influence impairs reaction time, decision-making, and motor control, all of which are necessary to operate a vehicle safely. Drunk drivers put everyone on the road at risk, and the consequences of their reckless behavior often include severe injuries or death.
Kentucky has strict laws in place to deter and punish those who drive under the influence of alcohol. In Kentucky, a person is considered legally intoxicated if their blood alcohol concentration (BAC) is .08% or above for drivers over the age of 21. For drivers under 21, the legal limit is 0.02%. For commercial vehicle operators, the limit is 0.04%.
Being involved in a collision with an impaired driver is a traumatic experience, but taking the right steps afterward can help protect your health and your ability to recover compensation. Here are the most important actions to take if you find yourself in this situation:
The first and most important step is to contact law enforcement and emergency services. Reporting the accident right away ensures that the police will arrive on the scene and conduct a thorough investigation. The police will assess whether the other driver is impaired, which is critical for your case. Be sure to inform the dispatcher if you think the other vehicle’s driver is under the influence of alcohol or drugs.
Even if you do not feel seriously injured, it is important to seek medical car as quickly as you can. Some injuries, (including concussions, organ damage, or internal bleeding) may not even be noticeable right away. A medical evaluation will not only ensure that you receive the necessary treatment for your injuries but will also create documentation that links your injuries to the accident, which is essential when filing a claim.
If you are physically able, gather as much evidence as possible from the scene of the accident. Take photographs of the vehicles involved, debris around the scene, any injuries, road conditions, and any other factors that may have contributed to the crash. These images can provide crucial evidence later on when proving fault.
Additionally, take note of the following details:
Exchange contact and insurance information with any other driver involved. If they appear intoxicated or overly angry, avoid confrontation, as this could escalate the situation. If there are witnesses to the drunk driving collision, obtain their contact information as well. Witnesses can provide valuable testimony about the events leading up to the collision, including any reckless behavior by the drunk driver.
If The police report is one of the most important pieces of evidence in a drunk driving case. This report will include the officer’s observations, the results of any roadside or station field sobriety tests or breathalyzer tests, and any citations or arrests made at the scene. Make sure to request a copy of this report for your records, as it will play a crucial role in proving that the other driver was intoxicated.
Report the accident to your insurance company as soon as possible. Provide them with all relevant details, including the police report, medical records, and any evidence you gathered at the scene. While your insurance company will investigate the claim, you should still be cautious when speaking with them, as they may try to minimize the payout.
Navigating a drunk driving accident case can be complicated, even if it seems like the drunk driver was 100% responsible for the incident. Consulting with an experienced personal injury lawyer in Lexington or the surrounding area is crucial. Your Lexington accident attorney will help you gather evidence, communicate with insurers, and pursue the compensation you deserve for medical bills, lost wages, and pain and suffering.