Under KRS 189.126, police actually can’t put up a roadblock or checkpoint simply for seeing if you’re wearing a seatbelt. But that doesn’t mean you shouldn’t–or that you won’t face punishment. And while wearing a seatbelt won’t prevent you from being in an accident, it’s incredibly important. If you’ve been in a Kentucky car accident, Kaufman & Stigger can help you understand the law and what your options are. Contact us today for a free consultation.
Why Does Kentucky Have Laws Like KRS 189.126?
Virtually everybody knows that you have to wear a seatbelt in Kentucky by law, but again, KRS 189.126 says that police can’t set up a checkpoint or a roadblock simply to check for violations of Kentucky’s seatbelt law (KRS 189.125). But the question is why? The answer is that it protects your individual right to privacy and against police abuse of power.
But the reality is that safety matters, and a seatbelt is one of the best ways you can stay safe in the event of a car accident. There’s also more practical reasons why this law is in place:
- Not wearing a seatbelt mostly puts you (the driver) at risk, not others.
- Lawmakers didn’t want police stopping everyone on the road for something that’s a personal choice.
- Checkpoints should focus on bigger dangers, like catching drivers that are under the influence.
So, KRS 189.126 means you don’t have to worry about a checkpoint to see if you’re not wearing a seatbelt. But you always should–especially if you’re in a car accident. At that point, though, you need to think about what else you need to do.
What Legal Options Do I Have After a Car Accident in Kentucky?
Being in a car accident is always difficult, but not wearing a seatbelt can make it significantly worse. Although you don’t have to worry about a checkpoint in Kentucky, you do have legal options when you’re injured in a car accident that was caused by someone else’s negligence.
Negligence simply means they did something that was dangerous (speeding, driving under the influence, etc.) and it caused the car accident and your injuries. At that point, you can file an injury claim by either:
- Filing an insurance claim.
- Filing a personal injury lawsuit.
Most of the time, you’ll start by filing a claim with the other driver’s car insurance company. This is a less formal process that’s handled outside of court, so it’s usually quicker. The insurance company will investigate and decide how much they’re willing to pay. But keep in mind–they often offer less than what you really need.
If the insurance company doesn’t offer a fair settlement, you may need to file a personal injury lawsuit. Lawsuits take more time and effort, but they can lead to better financial results. If a settlement isn’t reached, your case could go to trial in front of a judge or jury.
No matter which path you take, our team will be by your side. Also, remember: Kentucky’s statute of limitations gives you only one year from the date of the accident to file a lawsuit. If you miss that deadline, you could lose your right to recover money for things like:
- Medical bills
- Car repairs or replacement costs
- Lost wages and future earnings
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or companionship
- Wrongful death expenses (if you lost a loved one)
Every case is different. Getting the best outcome usually means taking the right steps after the accident, like calling the police, getting medical care, and taking pictures and videos at the scene. From there, reaching out to our Kentucky car accident lawyers at Kaufman & Stigger can take care of the rest.
Contact Kaufman & Stigger After a Car Accident in Kentucky
Even though car accidents happen all the time, they’re still overwhelming when it happens to you. At Kaufman & Stigger, PLLC, we’re here to make things easier. Our Kentucky car accident lawyers will guide you through every step of the claims process and help you build the strongest case possible. If you or someone you care about has been hurt in a car accident, contact us today for a free consultation.
