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PERSONAL INJURY
INSURANCE CLAIMS
EMPLOYMENT LAW
WORKERS COMPENSATION
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WHAT
TO DO IN CASE OF AN AUTOMOBILE ACCIDENT
Stop
Kentucky law requires that the driver of a vehicle
involved in an accident resulting in personal injury or death, or
resulting in damage to a vehicle which is driven or attended by any
person, shall immediate stop his vehicle at the scene of the
accident.
Assist
the Injured
Your first duty, after stopping your car, is to check
for injured persons. If someone is seriously injured, try to get a
doctor or call an ambulance, which ever is quicker.
Make the injured person comfortable but do not move
him/her unless you know what you are doing. Good intentions on your
part may result in further injury to the victim.
Kentucky law requires that you render to any injured
person reasonable assistance, including the taking or making of
arrangements for the caring of such persons or a physician, surgeon,
or hospital for medical or surgical treatment if it is apparent that
such treatment is necessary, or if such caring is requested by the
injured person.
Protect the Scene
Make every effort to prevent further accidents. If
possible, have someone stationed to warn approaching vehicles. If
at night, and flares and reflectors are available, put them out or
have it done; if you have a flashlight, use it to halt or slow
oncoming vehicles.
Call a
Police Officer
Kentucky law requires that the drive of a vehicle
involved in an accident resulting in personal injury or death shall
immediately, by the quickest means of communication, give notice of
the accident to the local police department. If the accident occurs
within a city, alert the city police department. If it occurs
outside city limits, alert the county sheriff or the nearest office
or station of the Kentucky State Police.
Even when there are no apparent personal injuries, it is
advisable to give this notice immediately so that an officer can
investigate the accident promptly. His official report may greatly
assist you later if any claim with a liability is made.
Comments
Do not comment on the accident. Keep your notes and
your information strictly to yourself. Admit nothing and sign
nothing, even if you think you are in the wrong. You may learn
later that you were not in the wrong or the other driver was equally
to blame or more so. Hasty, emotional statements and admissions can
be costly. There will be plenty of time and opportunity later to
admit blame if the facts clearly show that you alone were wrong.
Kentucky law requires only that you give your name,
address, and registration number of the vehicle you are driving, and
display your drivers license number to the person struck, or to the
driver or occupant of, or the person attending the vehicle.
Assist
the Police Officer
Remain at the scene, unless injured, until the police
officer arrives. Cooperate with the officer by advising him briefly
of the basic facts. Remember that no one can force you to give an
opinion of cause of accident at the scene, at police headquarters,
or elsewhere. You have the right to consult a lawyer before making
any statement. If it is a serious accident, consult your lawyer as
quickly as possible.
Identify the Other Driver
Obtain the other drivers name, address, and the
registration number of the vehicle he is driving, and request him to
show to you his drivers license. Kentucky law requires him to give
this information and, upon request, to exhibit his drivers license,
and, upon request, to exhibit his drivers license, and requires you
to do the same.
Witnesses
Obtain the names and address of all witnesses as soon as
you can, both eye witnesses and all others who might have
information about any circumstances of the accident. After writing
down their names and addresses, attempt to obtain from these
witnesses a statement as to what happened and have them, if they
will, write it down at the scene. Always have a pencil and pad in
the glove compartment of your car.
Take
Notes
Make your own written notes on all significant
circumstances concerning the accident, as soon as possible after the
accident. Show the position of the cars after the accident. Step
off exact distances. Be certain that you can, at a later date,
point on the road where the vehicles collided and where they came to
a stop. If you or someone else has a camera at the scene, take
pictures to preserve skid marks, position of cars, and other
physical evidence that will disappear after the accident.
Arrests
An arrest at the scene of the accident of the other
party or yourself does not necessarily indicate liability. A plea
of guilty may be used as an admission or proof against you, so it is
important that you contact your lawyer as soon as possible before
admitting any liability or guilt.
When
to Leave the Scene
Unless your injuries compel you to do otherwise, do not
leave the scene of the accident until you have assisted the injured,
protected the scene, called an officer and assisted him, identified
the other driver, obtained the names, address, and statements of all
witnesses, and made thorough notes regarding the circumstances
concerning the accident.
See a
Doctor
Remember that serious and costly injuries do not always
result in immediate pain or bloodshed.
Inform
Your Insurance Company
Make a complete report to your automobile liability
insurance company immediately, or, if you desire, have your lawyer
make the report for you. Failure to make a prompt report may void
your insurance.
If you a member of any group insurance plan or have
personally purchased insurance providing medical or disability
coverage, you should also notice such company or companies of your
accident and insurance, and file appropriate claims.
Pay
Nothing
Make no immediate payment of any kind to the other party
and do not promise to make a payment. Any such payment would be at
your own risk. The other driver cannot force you to make any
payment without legal proceedings, nor can he hold your car without
any legal action.
Choose
Your Own Lawyer
Be cautious in dealing with persons offering to adjust
your case or anyone seeking to hurry you into settlement. Choose
your own lawyer to advise you. A lawyer is trained to assist you in
handling the problems which are created as a result of the
collision.
Comply
With the Financial Responsibility Plan
Every owner or registrant of a motor vehicle license in
Kentucky must either have insurance or have posted an equivalent
bond or certificate of self insurance with the state. The minimum
amount of insurance required is fixed by the legislature and is
subject to change. Now the amounts required are $25,000.00 for the
injury of one person, $50,000.00 for the injury of more than one
person in any one accident, and $10,000.00 for property damage.
Failure to comply with this law will result in revocation of your
driver’s license and vehicle registration.
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ROBERT L.
ABELL
271 West Short Street
Suite 200
Lexington, KY 40507
866-578-5302 TOLL FREE
859-254-7076 Phone
859-231-0691 Fax
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Robert L. Abell is a
Personal Injury and Accident lawyer for Lexington, Winchester, Paris,
Georgetown, Frankfort, Versailles, Nicholasville, Richmond, Lancaster, Stanton,
London, Corbin, Shelbyville, Danville, Lawrenceburg, Williamstown,
Jeffersontown, Louisville, Harrodsburg, Campbellsville, Liberty, Bardstown,
Covington, Columbia, Elizabethtown, Newport, Pikeville, Ashland, Morehead,
Jackson, Cynthiana and other communities located in central and eastern Kentucky
and Fayette County, Scott County, Clark County, Madison County,
Laurel County, Powell County, Morgan County, Breathitt County,
Harrison County, Woodford County, Bourbon County, Jessamine County,
Mercer County, Boyle County, Anderson County, Shelby County,
Jefferson County, Owen County, Franklin County, Grant County, Boone
County, Kenton County and elsewhere in Kentucky.
This website does not constitute
and is not intended to be legal advice. You should consult with a lawyer
regarding your own situation.
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