Kaufman & Stigger, PLLC can help you through the aftermath of a car accident caused by a disabled vehicle in Louisville. Although the vast majority of car accidents here happen when cars are moving, a lot also happen when a car is disabled and not moving at all. We can help you figure out how to move forward. Set up a free consultation today.
Does a Lawyer Make Sense?
On your daily commute in Louisville, one of the most common things you see is a disabled vehicle on the side of the road. Most of the time, you and everyone else simply pass it with nothing eventful happening. However, this doesn’t always happen. Sometimes, a disabled vehicle comes up so suddenly that you can’t react in time and crash.
That’s still a car accident, and the resulting damage is still there. The next natural question is what you do now, including whether or not you need a lawyer. Not for every situation, but generally, getting help from our team can make things much easier by:
- Going over what happened and talking through how the disabled vehicle ended up where it was
- Figuring out who may have played a role in what happened
- Looking at the information and evidence to strengthen your claim
- Breaking down what happens next
Even though these kinds of accidents are unique, it doesn’t change what you’re left dealing with or what your options are for moving forward. When you’re struggling to handle everything on your own, getting a lawyer makes sense.
Information You’ll Need After a Disabled Vehicle Accident
A disabled vehicle might be a common sight in Louisville, but it can still easily cause an accident even though it isn’t moving. It’s also not hard to see why something like that causes an accident—a disabled vehicle might show up when you or another driver doesn’t expect it and you can’t react in time.
No matter what the reason is, getting as much information as you can about the scene and the vehicle can help you if you need to file a claim later. Try to get:
- Photos and videos of the scene, including where the disabled vehicle was stopped and any damage to the vehicles involved.
- Pictures showing whether hazard lights, reflective triangles, flares, or other warning devices were being used.
- Names, phone numbers, and insurance information for everyone involved.
- Contact information for witnesses who saw the disabled vehicle or the collision.
- The police report or the report number.
- Medical records, bills, and receipts related to your injuries.
- Documentation showing missed work or lost income.
- Repair estimates, towing bills, and other out-of-pocket expenses.
- Dashcam footage, security camera video, or cell phone recordings of the crash.
- Maintenance records, repair invoices, or roadside assistance reports for the disabled vehicle, if they’re available.
- Notes about what happened while it’s still fresh in your mind, including when you first noticed the disabled vehicle and whether there were any warning signs.
Every situation is different. And for most disabled vehicles, you’re only going to be able to get the basics early on. That’s still a starting point, though. And the more information you have, the better your chances are at having a successful claim.
Where Do Disabled Vehicles Cause Accidents in Louisville?
It’s easy to see why a disabled vehicle can be dangerous anywhere in Louisville. However, the reality of the situation is that disabled vehicle accidents tend to happen in the same places over and over again, like:
- Interstate highways like I-64, I-65, and I-71.
- The Watterson Expressway (I-264) and the Gene Snyder Freeway (I-265).
- Entrance and exit ramps where drivers are accelerating, merging, or changing lanes.
- Downtown streets where traffic congestion can make it difficult to see a disabled vehicle ahead.
- Busy corridors such as Bardstown Road, Shelbyville Road, and Dixie Highway.
- Construction zones where lanes are narrower and drivers have less room to avoid a stopped vehicle.
- Bridges, overpasses, and areas with limited shoulder space.
- Intersections where a disabled vehicle can block traffic or leave drivers with little time to react.
- Roads with poor lighting or limited visibility, especially at night or during bad weather.
Unfortunately for you, a lot of these are places you drive on every day. No matter how alert or careful you are, you could easily find yourself in a situation where there’s a collision with a disabled vehicle. That brings up a lot of questions about what happened and, more to the point, who’s responsible.
How Liability Works After One of These Accidents
With a disabled vehicle, it’s hard to think about liability. Most of the time, there’s no driver to get information from or evidence of negligence. And if you want to file a claim and get damages, you need negligence. So how does that work exactly with one of these accidents? It starts with figuring out who owns the vehicle and why it was left where it was.
That’s easier if there’s still a driver, but even they have certain responsibilities to meet. They have to use hazard lights, and they can’t just ignore mechanical problems or running out of gas. That makes them responsible for any resulting injuries.
But most of the time, a disabled vehicle is just there. At that point, liability might fall on:
- Another driver that was speeding, distracted, or impaired
- Vehicle makers if a defective part caused the breakdown
- Government agencies if they didn’t respond by moving the car in time
There’s also comparative negligence to worry about. If you’re found to be partially responsible for the collision (which can happen in this situation), you can still file a claim and get damages. They’ll just be reduced by your percentage of fault.
Damages You Can Get in a Disabled Car Accident Claim
It’s true that an accident with a disabled vehicle is pretty confusing. But the actual claims process always works the same. You can either file:
- An insurance claim outside of court
- A personal injury lawsuit in court
No matter how straightforward you think your claim is, it can get bogged down once insurance companies get involved. They look closely at those details and try to argue that the disabled vehicle’s driver did everything right, claim you should have avoided the collision, or question whether your injuries are as serious as you say they are.
That can lead to low settlement offers in the hopes you’ll just take the money and walk away. But the reality is that injuries from these accidents can continue on long after the initial collision. And if the insurance company won’t deal fairly, a lawsuit might make more sense. While it takes more time and effort, it can give you fuller damages like:
- Medical expenses
- Future treatment and rehabilitation costs
- Lost income
- Reduced earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Remember, there’s deadlines in place. You only have two years from the date of the accident to file your claim. MIss that, and you can’t get damages at all.
Free Consultations After Disabled Vehicle Accidents in Louisville
Any car accident can be tough to deal with, but when one happens because there’s a disabled vehicle, it’s all the more frustrating because you’re still left dealing with the aftermath. And there’s not always clear answers. At Kaufman & Stigger, PLLC, our Louisville car accident lawyers can help you cut through the confusion and back to some normalcy. Set up a free consultation today to talk through your options.
