If you were struck by a drunk driver while traveling in Kentucky, that person may be liable for any damages that you incur. However, the fact that the other driver was impaired is not enough to guarantee that this person was the one who caused the crash. Other factors such as your level of impairment or road conditions might also play a role in the outcome of your case.
You may have contributed
If you ran a stop sign or were too close to the car that struck yours, you may be partially liable for damages incurred in a crash with a drunk driver. The same may be true if you were driving too fast for road conditions or were also under the influence of drugs or alcohol. Actions such as driving while tired or while distracted may also be considered negligent and a violation of your duty of care toward others.
You’ll need strong evidence
In most motor vehicle accident cases, the outcome is decided based primarily on the strength of the evidence presented during settlement talks or at trial. Ideally, you will have witness statements, video evidence or photos from the crash scene to bolster your case. Toxicology reports may also be helpful as they may establish that the other driver was actually impaired when the accident occurred.
Say as little as possible
After a crash, you should call the police, exchange insurance information and file a claim with your insurance company. Apologizing at the scene or speculating that you could have done something to avoid the crash may complicate your ability to obtain a financial award. If you don’t feel comfortable talking to the other driver, an officer can get that person’s information for you.
Although you may obtain compensation in a lawsuit, most accident cases are settled outside of court. In addition to actual damages, you may be entitled to the cost of future medical bills and other ongoing expenses related to a crash caused by a negligent individual.