While driving down the road on a perfectly normal day, a car accident can change one’s life in an instant. Serious car accidents can result in lasting, sometimes permanent injuries, disability, and even death. Even somewhat minor crashes can create significant financial pressures, such as an inability to earn income or staggering bills for medical treatment and hospitalization. At the same time, insurance companies often prey on car accident victims and do everything in their power to avoid paying claims despite you having paid your premiums for years.

The aftermath of an accident may seem overly complicated and filled with unanswered questions. Insurance companies make it this way on purpose so that you’ll accept less money. You don’t have to accept less money and you don’t have to face it alone.

Located in the heart of Old Louisville, our attorneys help our clients receive the fair compensation they need to recover and move forward. If you or a loved one has sustained a serious injury in an auto accident in the Louisville Kentucky area, including Southern Indiana, we’re here to help.

Don’t hesitate to call us today at 502-771-0588 for a free and confidential case evaluation. We handle all car accident cases on a contingency fee basis, meaning we charge no fees unless we secure a win for you.

Our attorneys have been nationally recognized, and we are committed to taking on large corporations, government entities, and others whose negligence leads to our clients’ injuries, holding them accountable regardless of their size or financial strength.

CAR ACCIDENT LAW: WHAT YOU NEED TO KNOW

Do I Need a Lawyer for a Car Accident?

5 Step Process for When you Hire an Attorney

Kentucky Car Accident Statute of Limitations

Damages in Car Accident Lawsuits

Who Can Be Held Liable for a Car Accident?

Car Accident FAQs

Car Accident Myths

HOW CAN A LOUISVILLE CAR ACCIDENT ATTORNEY HELP

Handling a car accident case without an attorney can put you at a distinct disadvantage, particularly in complex situations or when serious injuries are involved. An experienced attorney can safeguard your interests, allowing you to concentrate on your family and recovery.

When you choose Kemper, our legal team immediately gets to work on your behalf, meticulously building the strongest possible case. We employ investigators to scrutinize the accident scene, identify witnesses, and gather crucial evidence. Our auto accident lawyers manage all communications with insurance companies to prevent them from devaluing your case, handle all necessary paperwork and filings, and identify every potential source of liability and insurance coverage to maximize your compensation.

DO I HAVE A CASE?

If you’ve been involved in a motor vehicle collision, even it’s a hit and run, and suffered any type of injury, you may have a case. However, determining this requires a thorough review of your specific situation, considering factors like fault, injury severity, insurance coverage, and potential liable parties. If you’re uncertain or think you might have a case, we encourage you to reach out for a free consultation.

5-STEP PROCESS WHEN YOU HIRE A CAR ACCIDENT LAWYER

Here is an overview of the five stages that a typical client undergoes during their Kentucky car accident case:

STEP 1: Information Gathering

We collect all necessary documents, photographs, and details required to initiate your case.

STEP 2: Medical Care and Support

We assist you in obtaining medical appointments, battling the insurance company, and, if applicable, facilitating car repairs after your car accident.

STEP 3: Medical Documentation

Once your treatment is complete, we will acquire and examine all relevant medical bills and records.

STEP 4: Settlement Negotiation or Litigation

We compile your bills, records, and other pertinent materials into a demand package, which we submit to the insurance company. If they respond reasonably, we negotiate a settlement; otherwise, we proceed to file court documents and initiate litigation. We will communicate with you through this entire offer and make sure you are aware of every financial offer made by the insurance company.

STEP 5: Resolution and Bill Negotiation

Upon reaching a settlement or favorable court outcome, we negotiate all your medical expenses and present you with a check.

HOW LONG DO I HAVE TO FILE A CAR ACCIDENT CLAIM?

All personal injury cases, car accidents included, are subject to strict time limits known as the statute of limitations. Under Kentucky law, the statute of limitations for auto accident claims is typically two years from the date of the injury or two years from the date of the last no fault payment. Under Indiana law, a car accident lawsuit must be brought within two years.

If you fail to file a lawsuit within this two-year window, the court will refuse to hear any future case. However, the actual time frame may be shorter or longer depending upon the specific facts of your case. If you think you may have a case, it is always advised that you speak with a car accident lawyer to ensure that your case is heard within the statutory window.

COMPENSATION YOU CAN RECOVER AFTER A CAR ACCIDENT

In Kentucky, those injured in motor vehicle collisions may be eligible to recover financial compensation for the expenses they incur, known as damages. These damages, often covered by insurance, are categorized into economic, non-economic, and punitive damages. For families affected by a fatality, wrongful death claims and survivor actions may also be applicable.

LEGAL LIABILITY IN CAR ACCIDENT CASES

Most motor vehicle collisions result from negligence rather than being mere accidents. Establishing liability often hinges on proving negligence, defined as failing to exercise due care. Drivers, manufacturers, and government agencies all have responsibilities to prevent harm. Identifying and proving negligence is crucial in car accident and personal injury cases.

CAR ACCIDENT FAQS

How is negligence determined in a car accident claim?

There are four primary elements that must be present to establish negligence in a car accident case: (1) Defendant owed a legal duty to the plaintiff (2) Defendant breached that duty (3) Plaintiff suffered actual harm or injury (4) Defendant’s breach caused the injury.

While this is the legal threshold for negligence, Kentucky operates under a pure comparative negligence system in car accident cases. This means that you can still recover compensation, even if you are found to be partially at fault for the collision. However, the amount of compensation you can receive will be reduced by the degree you are found to be at fault.

What are the Most Common Car Accident Injuries in Kentucky?

Motor vehicle collisions are among the most common causes of serious injury and death in the United States. Common injuries in car crashes include:

Back, head, and neck injuries such as whiplash

Traumatic brain injuries

Injuries to the spinal cord

Broken bones and internal injuries

Scrapes and cuts

Injuries to the extremities

Mental and emotional injuries such as PTSD

Death

In the U.S., over 5 million people are injured in car accidents annually.  Sadly, many injuries go untreated or undiagnosed, leaving the victim to suffer the short and long-term effects on their physical, financial, and emotional health. In 2023, there were approximately 44,450 car accident-related deaths. 

What are the Different Types of Car Accidents?

Car accidents come in all shapes, sizes, and situations. Some of the more common car accidents include:

• Rear-end collisions
• Head-on collisions
• Left-turn collisions
• Side-swipe collisions
• T-bone collisions
• Merging collisions
• Failure to yield right-of-way collisions
• Rear End Collisions
• Dangerous Road Accidents
• Defective Car Door Latch
• Distracted Driving Accidents
• Drunk Driver Accidents
• Forklift Accident
• Highway Construction Accidents
• Hit and Run Accidents
• Improper Merge Accidents
• Interstate I-64 Accidents
• Interstate I-65 Accidents
• Interstate I-71 Accidents
• Watterson Expressway Accidents

These accidents can include any of the following types of vehicles:

• Passenger vehicles (4-door, 2-door, hatchback)
• Mini-vans
• Sport utility vehicles (SUVs)
• Pick-up trucks
• Motorcycles
• Light utility trucks
• Box trucks
• Large commercial trucks (aka as big rigs, 18-wheelers, or tractor-trailers)

Causes of car accidents include:

• Speeding
• Distracted driving (texting, eating, using one hand to talk on the phone, etc.)
• Drowsy, fatigued, or sleepy driving
• Impaired driving (driving under the influence of drugs or alcohol)
• Reckless driving
• Following too close
• Ignoring traffic signals, road signage, and stop signs
• Vehicle defects or vehicle recalls
• Roadway design, repair, or maintenance issues
• Teenage or inexperienced drivers
• Lane splitting (for motorcyclists)
• Weather
• Construction zones

COMMON CAR ACCIDENT MYTHS

Myth #1: The police will determine who is at fault

Unless the police were present for the accident, the police arrive later and only collect enough information needed for their report used by juries, judges, and insurers to decide liability and assess damages. In cases involving suspected DUI or crimes may police take someone into custody but the police do not determine liability.

Myth #2: You and the other party can work it out without a third party

Handling car accident settlements without a lawyer risks under compensation. An experienced attorney and their team can accurately establish liability, assess damages, and strategize for fair compensation, whereas direct communication post-accident can jeopardize your claim. DO NOT communicate with the other driver or his insurance company without consulting a lawyer first.

Myth #3: Your insurance company is your friend and can help you

Insurance companies aim to minimize payouts, not support policyholders’ best interests. It’s crucial to avoid relying solely on your insurer for damage assessment, as their investigations may be biased. If your own insurance does not properly pay out what you have contracted, you may have a claim against your own insurance for uninsured motorist coverage, underinsured motorist coverage, or bad faith.

Myth #4: You can’t sue the other driver for injuries later

It’s not uncommon when adrenaline is racing to believe you are not injured and avoid medical treatment. But later on that night, the next day, or the next week you may start experiencing pain. Delayed injury manifestations post-accident don’t invalidate your right to sue later, provided your claim is within Kentucky’s statute of limitations and your injuries are documented.

Myth #5: Hiring a motor vehicle accident attorney is useless and a waste of money

Forgoing legal representation in car accidents, especially severe ones, can lead to legal and financial issues, particularly if there’s evidence against you. Kentucky is a comparative negligence state so if any party has any portion of fault, a person can recover pain and suffering.  A lawyer is essential for navigating complex cases and ensuring fair settlements.

Myth #6: Kentucky is a “no fault state” so it doesn’t matter if the other driver is at fault.

Kentucky’s “no fault” laws simply means that an insurance company is required to pay $10,000 in personal injury medical damages without examining who is at fault. However, to recover the types of damages discussed above, like pain and suffering, disfigurement, and punitive damages, it is very important to determine who is at fault.

Get a Free Consultation With a Louisville Kentucky Car Accident Lawyer

At the Kemper Law Office, our attorneys are adept at managing all types of vehicle accident cases, including those involving trucks, automotive defects, pedestrians, and inadequate roadway maintenance. If you or a loved one has been in an accident, contact us at  502-771-0588.for a comprehensive and confidential case evaluation. We’re committed to serving crash victims across Louisville, Kentucky, and southern Indiana, providing expert legal guidance and support. Under Kentucky law, there is a two (2) year statute of limitation from the last no fault payment. Under Indiana law, a car accident lawsuit must be brought within two years. Do not hesitate to call us.