Kaufman & Stigger, PLLC helps people through the claims process after a car accident in Kentucky. Driving while intoxicated (DWI) is a huge issue throughout Kentucky, even though virtually everybody knows how dangerous it is. Our team will make sure you can get back on your feet after you’ve been injured because of an intoxicated driver. Set up a free consultation today.
Do I Need a Lawyer After a DWI Accident?
Just because a DWI car accident is pretty obvious in terms of who’s responsible for your injuries doesn’t mean the process is easy. In fact, in a lot of ways, it’s more complicated. First, there’s the degree of injuries. DWI accidents almost always mean more serious injuries. That alone makes everything harder, but there’s also all the added challenges that come with any car accident. That’s why you’d need a lawyer, and that’s where our team can help you by:
- Figuring out what really happened
- Locking in proof of impairment
- Taking paperwork off your plate
- Breaking down your options in plain language
- Handling insurance pushback
- Going to court if that’s what it takes
There’s nothing easy about any car accident where you’re injured, but it takes on added significance when the other driver is intoxicated. Even with criminal charges, the hardship that’s ahead of you as you recover from your injuries is something that takes time and effort. With our team on your side, you don’t have to also worry about the legal side of things.
What Information Will Help My DWI Accident Claim?
One of the toughest things about any car accident with a driver that’s intoxicated is documenting what the accident scene was like. Remember, you’re probably going to be facing pretty intense pain and other injuries. With that said, you need to do what you can to get the right information to help you later, like:
- The police report. This is going to be the backbone of a DWI claim. On top of the other things contained in the report, it’s going to be the document that:
- Confirms the other driver was intoxicated at the time
- Field sobriety test result
- Any tickets issued
- Showing that the driver was arrested
- Blood or breath test results. Most of the time, a driver that’s suspected of DWI is going to get a blood or breath test. Those results will show that they were impaired.
- Officer bodycam or dashcam footage. Video can show the driver’s behavior, speech, coordination, and overall condition in a way written reports can’t.
- Statements. Witnesses and bystanders can confirm things like erratic driving, the smell of alcohol, or what happened right before the collision itself.
- Pictures and video from the scene. This is just as important in these kinds of accidents. Pictures/videos of vehicle damage, skid marks, road conditions, and the surrounding area help explain how the accident happened and what the aftermath looked and felt like.
- Your medical records. These records connect your injuries to the accident and show how serious they are, both immediately and over time.
- Car repair documentation. You’ll want to keep repair estimates, total-loss reports, and photos to show the force of the impact and support claims you can make for car repair costs.
With a DWI accident, it’s not always possible to get these things. Your focus should always be on your health—so reporting the accident to police and getting medical help should be your first move. After that, though, it’s this information that’s going to form the foundation of your claim.
Can Others Be Responsible For a DWI Accident in Kentucky?
Again, it’s obvious who’s responsible for a DWI accident—the intoxicated driver. That clears up a huge hurdle that most car accident claims have. But it might surprise you to learn that others can share some of the liability. This typically involves:
- The owner of the vehicle. If someone knowingly let an impaired person drive their car, they may share responsibility.
- Another driver on the road. Sometimes more than one driver’s actions contribute to an accident, especially when speeding or distraction is involved.
- Bars or restaurants. In certain situations, businesses that served alcohol to someone who was already visibly intoxicated may be part of the case.
- Property owners or hosts. Depending on the facts, a private host may also come into the picture.
- Government agencies. Dangerous road conditions, missing signs, or poor maintenance can make a bad situation worse.
Even with something as “simple” as a DWI accident, there’s other factors in play. It’s not always the driver, but they’ll be the main focus of the claims process.
How Does the Claims Process Work With a DWI Accident in Kentucky?
At its core, a DWI accident is still a car accident. That means the claims process plays out in exactly the same way as a fender bender in Lexington or a head-on collision in Louisville. But there’s still a claims process to go through. With that, you have two options:
- An insurance claim. This is usually the first step and can move faster, but it often comes with resistance from the insurance company—even with a DWI. They’re going to do what they can to pay as little as possible.
- A personal injury lawsuit. If insurance won’t give you a fair settlement, filing a lawsuit may be the only way forward.
The goal of either kind of claim is getting “damages.” With a DWI claim, you’re going after:
- Current and future medical expenses
- Current and future lost income
- Repair/replacement costs for damage to your car and other property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses in fatal accidents
- Punitive damages (extra financial support on top of the other damages that are meant to punish the driver for their reckless behavior.)
One critical point: Kentucky generally gives you only two years to file a claim after a car accident. Missing that deadline can end your case before it even starts—even though the other driver is clearly responsible.
Why Do DWI Accidents Happen in Kentucky?
Most people know driving while intoxicated is dangerous, whether it’s from alcohol, marijuana, or some other substance. Yet DWI accidents still happen every day across Kentucky—from rural highways to city streets and late-night back roads. In many cases, the causes are a mix of bad decisions and familiar circumstances like:
- Drivers underestimate how impaired they are. Many drivers believe they’re “fine to drive,” even when alcohol or drugs have clearly affected their reaction time, judgment, and coordination.
- Rural roads and long distances. Kentucky has a lot of two-lane highways, poorly lit roads, and long stretches of backroads between towns. A lot of drivers think that this emptiness means they can take a chance on driving while intoxicated.
- Late-night and weekend driving. DWI accidents tend to happen more at night or on weekends, when more impaired drivers are on the road and there’s lower visibility.
- Prescription drugs and mixed substances. Not all DWI cases involve alcohol alone. Prescription medications, illegal drugs, or combinations of those substances can be even more dangerous for drivers and others on the road.
DWI accidents aren’t random. They usually follow a predictable pattern—one that puts everyone else on the road at risk. But looking into how and why they happen can give you a better idea of just how damaging they are.
Get Help After a DWI Accident in Kentucky
A DWI might be like any other car accident legally speaking, but in reality, they’re much more serious. This is true both in terms of your injuries and how the claims process can play out. Our Kentucky car accident lawyers at Kaufman & Stigger, PLLC will be there to help you through what’s ahead. Set up a free consultation today, and let us help you get back to normal.
