Kentucky Car Accident Frequently Asked Questions

What is Personal Injury Protection (PIP) coverage?

PIP is the coverage that pays for personal damage. Rather than personal coverage being paid by the insurance of the vehicle that hit the car the person was riding in, this coverage comes from the insurance of the vehicle the person was in when they got hit. It is also the insurance that covers the personal injury of a pedestrian who is hit by a vehicle.

What are tort rights?

Tort rights are the rights that every driver and passenger accept unless otherwise specified by the appropriate documents. These rights limit the terms they can sue under, based on monetary expenses. In Kentucky, expenses must exceed $1,000 for a no-fault party to sue, which prevents the court system from being tied up over small amounts like a $200 medical bill. Again, you can waive these rights, but it must be correctly documented, and you will have to provide guest rights to passengers not in your household.

Can pedestrians be sued?

Yes. Though your insurance will still have to cover their damages, even if they are at fault, drivers can sue pedestrians who cause accidents. The premise here is that a pedestrian is almost always going to suffer more personal damage than someone safely seated in a driver’s seat, or the vehicle itself in the case of an accident. Though the law requires insurance to provide for the pedestrian, that does not mean the pedestrian is automatically assumed faultless.

Are drivers automatically at fault if they are texting while driving?

Not necessarily. Currently, Kentucky laws do not allow drivers to text while the vehicle is in motion. Drivers who are under 18 are not allowed to use electronic devices at all while they are behind the wheel of a vehicle that is in operation. While these laws do not mean that the driver is automatically considered at fault if an accident occurs while they are texting, it is something that will most likely come up during investigation. At the very least, those drivers may face fines for violating the law. At the same time, if all else is equal, someone who is texting while the vehicle is in motion is more likely to be declared at fault than someone who wasn’t texting.

What are some of the most common long-term issues from car accidents?

When it comes to car accidents, there is a wide variety of long-term issues. The introduction of air bags has reduced the number of fatalities, but in some cases, has also increased the number of injuries. Because the body is strapped in and movement is limited, many of the injuries take place in areas that aren’t restrained, like the neck. Neck injuries can create lifelong issues, or heal within a matter of days, depending on the severity of the injury. Other long-term effects are psychological and can require years of therapy and rehabilitation in order to be fully functional again.

If you have other car accident questions, please contact Harville Law Offices immediately online or call (502) 245-2333.