Can I Sue the Government for My Car Accident

It is certainly possible to get into a car wreck and for a government agency then be to blame. Things like roads in disrepair or construction work can and do lead to accidents on a regular basis. If this has happened to you, you may be wondering “Can I sue the government for my car accident?” Here are answers to a few frequently asked questions that can help you understand your options:

I crashed in a construction zone. Whose fault is it?

That really depends on what the cause of the accident was and whether you were following the rules of the road. In a construction zone, for example, you are required to drive slower than the typically posted speed limit. If you were not, you could be blamed for the crash. However, they have a duty to inform drivers that construction work is in progress and to provide warning signs well in advance, thereby allowing drivers to slow down or change lanes. If those warnings were not posted and you crashed as a result, you could have a case. There are many variables that can create a situation where you could sue for damages. To find out what your options are, you should call for a free phone consultation (http://ift.tt/1Se3wOU).

I was hit by a government vehicle. Who do I file a lawsuit against?

If you were hit by someone driving a government vehicle who was actively attending to government business, you could have a case against the agency the driver works for if you can prove negligence. The same would be true if you were hit by anyone driving for any employer. If, however, the employee was allowed to take an official vehicle home and then hit you while off the clock, it is unlikely that the government or employer would have any responsibility for the crash. You should keep in mind that this is always on a case-by-case basis, so I would need to discuss the details with you prior to providing you with direction (http://ift.tt/1TGKjGO).

I swerved off the side of the road because the road conditions were bad. Can I sue?

Potentially. It depends on why the road conditions were bad and if the roads were maintained in compliance with state laws and regulations. If they were maintained as they legally should be but were still not in the best condition, you may not have a case. As a car accident attorney, I can help you find out.

The police were chasing me, and I got into a wreck. Can I sue them?

It is highly unlikely, but that depends on the circumstances surrounding why you were being chased.

I was riding on a public bus that crashed. What are my options for receiving care?

Since Kentucky has laws regarding Personal Injury Protection (PIP) insurance coverage, the owners of vehicles are required to carry PIP insurance to pay for the medical bills that would arise as a result of them or passengers becoming hurt in accidents. The same is true for any public transportation. If you were in a crash while riding on a bus, that agency would then be responsible for paying your medical bills. If they are unwilling to do so or you are concerned that they may not pay enough, your other option is to file a lawsuit.

Is there anything else I should know?

Suing a government agency is entirely possible, but it is not easy. If you think that you have a case against one, your best option is to hire an accident attorney as soon as possible and then start gathering evidence to build a strong case.

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What Should I Do if the Other Driver Is Blaming Me for the Accident

It is far too common for the driver responsible for a car accident to try and claim that he or she is not at fault. In this case, it can create the need to prove that you yourself were not negligent, and instead that the other driver was. Since this is a common issue, here are answers to a few frequently asked questions regarding how to handle it:

The other driver took responsibility after the crash. Is that good enough?

No, whatever is said at the crash scene can be referenced later in court, but it becomes a he-said-she-said situation. Hopefully, the other driver will stand by what was said immediately after the wreck, but you cannot count on this. The other driver could have a change of heart once the insurance company becomes involved.

Will the Kentucky State Police decide who is to blame for the crash?

After you have been in a wreck, you need to call the Kentucky State Police (KSP) and file an accident report. The report is mostly for informational purposes and will be used to identify both drivers, the make and model of the vehicles, driver contact information, and the basics about where the accident took place. They may not go into detail regarding what happened and they may or may not issue a ticket to one or both of the drivers. This is really up to the individual officer. With that in mind, you cannot depend on the accident report to prove negligence or blame.

What can I do to prove the other driver is to blame for the crash?

It is best to gather as much information as you can immediately after the accident. While there, for example, you can pull out your phone and start taking pictures of the area, both vehicles, the damage debris, and so on. Even after the fact, you can take some of these pictures. You should also identify any witnesses who could help confirm your version of what happened. This may include anyone riding in your vehicle or anyone who stopped to help after the fact. As a car accident lawyer, I regularly help clients  gather the evidence necessary to prove the other driver’s negligence (http://ift.tt/1Se3wOU).

If I can’t prove the other driver caused the wreck, will I be able to get as much money?

Not necessarily. To start, your insurance policy should have Personal Injury Protection (PIP) coverage, which should pay for your medical bills, lost wages, and the repairs for the damage to your vehicle up to a point. The limits of your PIP will be set by your particular policy, and regardless of who caused the crash, you should qualify for the coverage to pay for those expenses within the limits of your policy. If, however, you have medical bills or lost wages that go far beyond what your policy will pay for, your recourse would be to sue the driver who actually caused the wreck. In order to do so successfully, you will need to prove negligence and that he or she was more at fault for the crash than you were. This can be challenging to do on your own and is one of the reasons that many people hire an attorney (http://ift.tt/1TGKjGO).

Do I have to sue the other driver immediately?

No, but you do have to file a lawsuit within one year of the accident. This can go by quickly, especially if you are undergoing significant medical treatment, so hiring an attorney right away is wise.

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What Steps Should I Take After Being in an Accident

Protecting yourself financially begins the moment you are in an accident. As an attorney, I get many questions regarding what to do afterward and how to prepare for the eventuality of going to court. With that in mind, here are answers to a few of the questions I am asked on a regular basis (http://ift.tt/1TGKjGO):

Do I need to call the police?

You need to call the Kentucky State Police (KSP) immediately. They will come to where you are located, speak with you and the other driver, and file an accident report. This is required by law if your accident resulted in damages over $500. It is rare to find an accident that does not produce this level of damage, so it is a safe bet to assume that you need to file a report. You can call your local office directly or call 911 and ask to be transferred to the KSP.

Will I need to go to the hospital in an ambulance?

That is really up to you. It is often wise to do so, since you could have major injuries that you are unaware of. Most people go into some level of shock after getting into an accident. That shock can make it difficult to tell if you were actually injured and how bad the injuries are. This is why you should always be checked out by a doctor immediately. Something like a brain injury or internal bleeding could be taking place, and without a proper exam, you would have no idea.

How should I document what happened?

If you have your cell phone on you, pull it out and start taking pictures. You can even record video if you like. Be sure to get pictures of all sides of both of your vehicles, the road conditions, any sign of debris or damage to the road, and any external factors that could have led to the accident or influenced it. For example, if you went off the road because there was a major pothole, take a picture of it. If the other driver ran a red light, take a picture of the intersection and street light. Much of this can also be done later, but if you are safe and physically well enough to take pictures, do so.

What information do I need from the other driver?

Much of this should be taken down in the accident report, but it is always wise to also get the information you need on your own. Ask for their driver’s license, insurance card, address, phone number, and license plate number. You should also write down the make and model of the vehicle. If it is a work vehicle, get the company or agency name, and find out whether the accident took place on the clock or on personal time.

When should I call the insurance company?

You can open a claim with your insurance company the same day of your accident. The advantage to doing so is that you can give the claim number you receive to your medical providers so that they can bill your insurance directly. This can save you money, especially if you are having major tests or diagnostic work completed.

Should I call an attorney right away?

The sooner you do, the better. The reason being that as an attorney, I can go to work and ensure that your rights are protected and that you receive the medical care you deserve. I can also gather evidence that demonstrates you were not at fault for the accident. Plus, if you need to file a lawsuit, it has to be done within one year of the accident (http://ift.tt/1Se3wOU). All of these factors together mean that you should call a lawyer as early in the process as possible.

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What Doctor Should I See After My Accident

When you are in an accident, it is perfectly natural to be unsure of what to do. The entire process of getting into a wreck is overwhelming and traumatic, leaving most people without a clear head. For this reason, I always recommend calling me immediately, since doing so allows me to give advice regarding every aspect of the process, including what to do for medical care. Here are answers to a few questions I regularly receive on this issue:

Should I go to the ER?

That really depends on the extent of your injuries. If you have been seriously hurt, have a broken bone, cannot walk properly, or are bleeding, you should call an ambulance and have them transport you to the hospital for urgent and immediate care. You should not ignore visible injuries like this because they need medical care and could also be a sign of a more serious issue.

Can I just drive to the emergency room?

If you know that you are injured but do not feel that it warrants an ambulance trip, you could have someone else drive you to the ER. The thing to remember is that it could take you longer to be seen, so make sure you weigh these options carefully when deciding where to go and how to get there.

After a car wreck, can’t I just see my regular doctor?

If they can treat you the same day, you can certainly go to your normal doctor. However, your doctor may not have all of the diagnostic equipment necessary to complete a full examination. Many people suffer head and brain injuries during a car wreck, so this is one clear area of concern, and if your doctor suspects head trauma, they may tell you to go to the hospital for further testing. This is why many people will head to the ER regardless. Another thing for you to keep in mind is that if you do see your regular doctor, you can ask for a new medical file to be started for your accident claim only. Doing so will prevent the insurance company and their attorneys from seeing anything unrelated to the accident and preserves more of your privacy.

Should I go to a chiropractor?

Many people seek chiropractic care after being in a car wreck. As a car accident attorney, I do not make recommendations regarding the type of care you need or what you will benefit from because that is up to you and your team of doctors. Instead, my job is to make sure you can receive all the medical care you need to recover. If you feel that you need chiropractic care or a particular procedure that the insurance company is denying, I can work with them to ensure your medical bills are paid (http://ift.tt/1TGKjGO).

Do I have to pay for everything out of pocket?

No. After being in a car accident, your insurance company should pay for your medical expenses while your treatment is ongoing. There may be a cap or limit to what they will pay based on the type of insurance policy that you have, but initially, they should provide you with a claim number that your doctor can use to bill them directly. Challenges can arise when the insurance company either does not want to pay for treatment already received or does not want to pay for what the doctor is recommending. In either case, you should call a car accident lawyer to protect your rights (http://ift.tt/1Se3wOU).

What are my legal options for having medical bills paid?

Primarily, you are supposed to file a claim with your own insurance company. However, if there will be more than $1,000 in medical bills, you could go after the other driver and try to get a settlement from his or her insurance company above and beyond what yours entitles you to. It is wise to discuss this option with an attorney.

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What Do I Need to Know About Filing an Accident Report in Kentucky

Whether you live in Kentucky or are just passing through, if you are in a wreck, you need to file an accident report with the Kentucky State Police (KSP). If you have never been in a wreck before, you probably have many questions. Here are answers to a few frequently asked questions that you may have yourself (http://ift.tt/1TGKjGO):

Does everyone need to file an accident report?

If your accident results in more than $500 in damages, you need to file an accident report. Most of the time, a car crash will be well over this threshold, and even if the vehicles look okay, there could be medical bills that can easily exceed the $500 mark within just a couple of appointments. With that in mind, it is best to simply file the report.

Who do I file an accident report with?

You need to call the Kentucky State Police. They will send out a trooper who can speak with you, gather the necessary details, and complete a report on the spot. Since most people don’t keep the state police phone number on hand, you can always call 911 and ask them to direct you.

What if I don’t have time to wait for the KSP to arrive?

There is an option to get the form online, print it, and complete it before then turning it in. Just be sure that you do so within a week of the accident. If you fail to file a report, you could be fined, and it could make it difficult to get your medical bills and other financial damages paid for later on.

What information goes on the accident report?

When the troopers arrive, they will first look at the accident scene and what could have happened to cause the wreck. For example, did one vehicle clearly run a red light? Was there flooding on the road that likely caused the crash? By observing the road conditions and atmosphere around the crash, they can make note of their observations and what they believe potentially influenced the accident.

The KSP form lists the basic personal information for both drivers, such as name, address, and phone number. Additionally, the driver’s license number and date of birth for each driver is taken down. It also documents the make, model, and year of the vehicles, along with the registration and license plate numbers.

The report also asks for the name and contact information of all passengers. Since they can be useful witnesses, this is beneficial for you. Simultaneously, they too may have been injured and have a claim.

The accident report also has space for the trooper to estimate the damage done to each vehicle and the cost to repair it, along with any other property damage. While they are certainly not experts in fixing cars, these estimates can provide a baseline of information, so it is important that you not say anything that could reduce the reported damage to your vehicle or your person. Saying things like “I’m fine, the car’s fine,” are not in your best interest. Instead, say that your car is damaged, you will be taking it to the auto body shop, and that you feel hurt and are going to be examined. Leave it up to the professionals to determine the extent of the damage and your injuries.

The last thing the report identifies is the insurance information for both drivers.

Is it better for me to have a trooper complete the report or to do it myself?

That really depends on how much time you have and the severity of your accident. If your wreck was really bad, it is likely that you need to have them come out and help with your vehicle anyway. You may also need to ride an ambulance to the ER. In this case, you should have the police complete the report. The only time it really doesn’t make sense to do so is if the accident was incredibly minor or the police are delayed in arriving at your location.

What is the report used for?

Your insurance company will get a copy of it after requesting it. As a car accident attorney, I will often reference the report when building a case and trying to prove negligence (http://ift.tt/1Se3wOU).

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What Can I Do to Stay Safe During My Summer Road Trip

As a car accident lawyer, I work with most of my clients after they have been in a car accident. At that point in time, I am focused on how to protect their legal rights. However, protecting yourself before hitting the road is always better. Since many people are in more than one car wreck in their lifetime, this is information everyone should know.

What can I do to make my car safer to drive?

Put simply, you should take your car in for maintenance as recommended by the manufacturer, have the oil changed before you go on long trips, make sure all of the fluids are topped off, fill up the gas tank, and ensure that the proper amount of air is in all four tires. You will also want to have a spare tire, flares, and an emergency kit if you are planning on driving very far. Making sure your car is in tip-top shape is one of the best ways to stay safe on the road because it ensures  that the car will respond to your driving.

Am I more likely to be hit by a drunk driver in the summer?

Not necessarily. The time of day and where you are driving will play a role in the likelihood of your being hit by someone who is driving while intoxicated. However, if you are taking a trip outside of Kentucky, you should be aware that each state has its own statistics. For example, according to the Insurance Institute for Highway Safety (IIHS), the average percentage of drivers killed in a crash with a blood alcohol content (BAC) level above the legal limit is 26 percent. In Montana, that percentage is 49 percent. If you do research before you go, you may be able to avoid potentially dangerous situations by avoiding roads known to be more dangerous and by being extra diligent in states known to have a high occurrence of drunk driving.

Does my insurance cover me out of state?

Yes, it does. If you move out of state, you need to notify your insurance company as they may no longer be able to insure you. However, if you are simply going on a road trip, your insurance coverage will remain in place. If you are having difficulty with your insurance company processing an accident claim, call me and I will take a look at the issue for you (http://ift.tt/1Se3wOU).

Does everyone really need to be buckled up for the entire trip?

I know it is tempting to unbuckle when you are going for a long drive, but according to the IIHS, 57 percent of those killed in Kentucky car wrecks were not wearing a seat belt. This is not a risk that you or your passengers should take, regardless of whether you are heading to the grocery store or to the beach.

What do I do if I am in an accident while out of state?

The answer to this question can be fairly complex because as a Kentucky driver, you have Personal Injury Protection (PIP) insurance on your policy and are first supposed to file a claim with your own insurance company. As a car accident lawyer, I can review what happened and then make a recommendation regarding where you should file and how you should file your claim (http://ift.tt/1TGKjGO). Just remember that you need to do this right away and before the statute of limitations runs out.

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Should I File an Insurance Claim or Just Work It Out with the Other Driver

Getting into a car accident has both physical and financial implications. As a car accident lawyer, I speak with many clients who are unsure of how they want to handle their claims because they are worried about things like their insurance premiums going up. With that in mind, here are answers to a few of the questions I am regularly asked about whether drivers should file claims with their insurance companies.

The other driver was nice, so should I just deal with them directly?

That depends on several factors, including the following:

• Were either you or the other driver injured? If so, you should not work with the other driver to settle the claim without the insurance companies. You should work through the normal process instead.
• How much damage was done to your vehicles? If it was more than $500, you will need to file an accident report with the Kentucky State Police (KSP) anyway, so your insurance company will become aware of the accident eventually. This means the only real accidents you can handle outside of the traditional process are accidents such as a small parking lot bump with just a scratch or two. But even a minor fender-bender is likely to have more than $500 in damage to one or both of your vehicles.

What is the downside to dealing with the other driver directly?

As mentioned, if you have more than $500 in damage, the KSP will need to file an accident report, so your insurance company will be alerted in this scenario anyway. At that point, trying to pay for damages out of your own pocket or asking the other driver to send you a check for the repairs is both risky and puts you at a disadvantage. What if your medical bills are higher than you anticipated, or what if the other driver decides not to pay? Are you willing to take that risk?

Will my insurance premium go up if I file a claim?

Not necessarily. If you were not at fault for the accident, your insurance rates may not change at all. Whether they do will depend on the type of accident you were in, if you were to blame, and the insurance company you have. If this is a serious concern for you, I recommend that you call your insurance company and find out before you ever even get into an accident. You may be able to shop around and go with a carrier that has either a rate guarantee or accident forgiveness.

Is my insurance company going to pay for my damages or the other driver’s?

In Kentucky, each driver is required to have Personal Injury Protection (PIP) insurance.  This insurance is supposed to pay for your medical bills, lost wages, and any damage to your vehicle after an accident. In most cases, your insurance policy will pay regardless of who was at fault for the wreck. However, if the damages were $1,000 or more, you have an opportunity to file a lawsuit against the other driver and his or her insurance company. This is not something you want to do without the help of an experienced attorney, so if you want to pursue this option, call and schedule a consultation with my office (http://ift.tt/1TGKjGO).

If I start by working with the other driver and later change my mind, what do I do?

As a car accident lawyer, I recommend that you handle the situation correctly from the beginning. Call the KSP, file an accident report, exchange information, go to the ER, call your insurance, and call an attorney. Doing so will ensure that all your options for recourse are available to you. Otherwise, you could run the risk of running into the statute of limitations or having doubt shed on the validity of your claim due to your failure to either file a report or notify the insurance company. Dealing with the other driver directly is a risky move.

Do I have to pay to speak with a car accident lawyer?

Not if you call my firm. Consultations are free (http://ift.tt/1Se3wOU).

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