Kaufman & Stigger, PLLC helps victims of fatal car accidents in Kentucky. Any car accident carries some level of risk of injury, but a fatal car accident is much different. You still have legal rights, but the process can be more harrowing. If you’ve lost a loved one in a Kentucky car accident and want to know more about your options, contact us today for a free consultation.
Should You Hire a Lawyer After a Fatal Kentucky Car Accident?
In Kentucky, you can file a claim after a fatal car accident without a lawyer. However, getting the right evidence and legal help is crucial, especially after a tragic event like this.
We’ve supported clients and their families in these cases by:
- Finding out what caused the accident
- Figuring out who’s responsible
- Explaining the legal process
- Helping gather key evidence
- Guiding you or your family through the claims process, whether in or out of court
More than anything else, we want to help your family through this incredibly difficult time. A death is by far the worst outcome in a Kentucky car accident, but we take pride in our approach and helping clients.
Is the Legal Process Different After a Fatal Car Accident in Kentucky?
The main legal difference with a fatal car accident is that it requires a “wrongful death” claim be filed, rather than a normal injury claim. But Kentucky law approaches a wrongful death claim a bit differently than other states.
In Kentucky, only the personal representative of the deceased person’s estate (the executor) can file the wrongful death claim on behalf of the family. Usually, this person is named in the will or by a probate court. Regardless, once the claim is filed, it proceeds much the same way as a typical car accident, with either an insurance claim or lawsuit.
However, the “damages” that are available are also a bit different. Rather than dealing with injuries, damages in a wrongful death claim are built around the losses experienced by the surviving family and other loved ones. These can include:
- Costs for medical care and funeral expenses.
- Financial considerations for the loss of close family bonds.
- Financial support for the emotional distress caused by the loss.
- Guidance and support the deceased would have offered their children.
- The deceased’s salary and benefits they would have earned.
- Future earnings the deceased would have made.
- Additional damages to penalize the wrongdoer and prevent future incidents.
Remember, in Kentucky, you generally only get one year from the date of death to file a wrongful death claim. Missing the statute of limitations will likely prevent your family from receiving the financial support they need to move forward.
How to Strengthen Your Family’s Wrongful Death Claim After a Fatal Car Crash in Kentucky
Even with the ability to file a wrongful death claim after a fatal car accident in Kentucky, you (or the personal representative of your estate) still have to put forth a strong case. To do this, showing your losses through careful evidence collection is a very important part of the process. Here are a few ways this can be done:
- Call 911 and report the accident – Call the police right away (either local police or the Kentucky State Police) to document the accident. The best way to do this is to call 911 to make sure injured people get medical care to record their injuries.
- Collect information at the scene – If you’re able, get names, contact details, driver’s license numbers, and insurance info from everyone involved. Also, gather contact info from any witnesses.
- Start gathering evidence – If it’s safe, take photos and videos of the scene, including vehicle damage and road conditions. Get copies of the police report and medical records.
- Track expenses – Keep track of all accident-related expenses, like medical bills and funeral costs, to show the financial impact.
- Don’t admit fault – Don’t admit fault or make statements that could imply you’re responsible. Let our team handle figuring out liability.
Even if you’re the one that’s experienced fatal injuries, these steps are going to be necessary. It just won’t be you that’s able to take them. That said, part of our approach to these cases is making sure your personal representative has this vital information and evidence for filing the claim.
How is Liability Determined in a Fatal Car Accident?
While a fatal car accident in Kentucky is the worst possible outcome, there’s still a legal process in place. This means that liability-or legal responsibility for losses–still has to be figured out so the personal representative can know who to file the claim against.
Even in a fatal car accident, the standard is the same: showing negligence. Legally, determining responsibility is similar to any car accident: it depends on proving negligence. This means showing that:
- The driver should have driven safely and not put others at risk.
- They did not drive safely.
- Their unsafe driving caused the accident.
- The accident led to the fatal injuries and other damages.
Figuring out who is legally responsible may involve:
- Other drivers
- Whoever owns or leases the car
- Parts makers, if a defect in the car or its parts caused the accident
- Local or state government, if poor road conditions were a factor
In fatal car accidents, the stakes are higher, making the legal process crucial for your family’s recovery. This also applies to liability, since the damages are much higher in a fatal car accident. So, it’s important to look at the causes of fatal car accidents to better understand liability.
Why Do Fatal Car Accidents Happen in Kentucky?
Probably the most unfortunate thing about a car accident in Kentucky is that any single one of them can be fatal. Even a seemingly minor collision can result in fatal injuries under certain conditions. However, some underlying causes are much more likely to lead to a fatal accident:
- Driving while impaired – Alcohol or drugs make it hard to judge, coordinate, and react, leading to more severe accidents.
- Distracted driving – Texting, talking on the phone, or using devices while driving can cause deadly crashes.
- Speeding – Driving too fast reduces reaction time and makes accidents worse.
- Recklessness – Aggressive driving, like tailgating, weaving through traffic, or running red lights, can cause fatal accidents.
- Fatigue – Driving while drowsy slows reaction times and decision-making, making it as dangerous as drunk driving.
- Road conditions – Bad roads, such as potholes or unclear signs, can lead to accidents if drivers aren’t careful.
- Vehicle issues – Problems like faulty brakes or tires can cause accidents if the car isn’t well-maintained.
- Inexperienced drivers – New or inexperienced drivers might make mistakes in tough driving situations, leading to serious accidents.
Again, any one of the above causes of a car accident can lead to fatal injuries. What’s important to remember is that you (or your family) have legal options. And our team will be there to give crucial legal guidance and support.
Contact Kaufman & Stigger, PLLC After a Fatal Car Accident in Kentucky
If you’ve lost a loved one in a fatal car accident in Kentucky, you don’t have to go through it alone. At Kaufman & Stigger, PLLC, our skilled lawyers are ready to assist with your claim and provide the support you need. Contact us today for a free consultation and find out how we can help you through this difficult time.
