If you have been hit by a driver who was texting while driving, you may have a good chance of winning a lawsuit for your losses.
Navigating Texting and Distracted Driving Injury Cases in Kentucky: Understanding the Landscape: The Dangers of Distracted Driving
Texting and distracted driving is an escalating public safety issue that continues to cause catastrophic and even fatal accidents on Kentucky roads. It includes any activity that diverts attention from driving, be it talking or texting on your phone, eating, talking to people in your vehicle, or fiddling with the stereo, entertainment, or navigation system. When a collision occurs due to these distractions, victims have the right to seek compensation through a personal injury lawsuit.
Most Common Texting and Distracted Driving Injury Cases
- Rear-End Collisions: A common consequence of distracted driving is rear-end collisions, as drivers often fail to notice that the vehicle in front of them has stopped or slowed down.
- Side-Impact Accidents: Also known as “T-bone” accidents, these typically occur at intersections when a distracted driver fails to yield or stop at a red light or stop sign.
- Pedestrian Accidents: Distracted drivers may fail to notice pedestrians crossing the street or walking along the road, leading to severe or fatal injuries.
- Bicycle Accidents: Similar to pedestrian accidents, distracted drivers often fail to notice or give right-of-way to cyclists.
- Single-Car Accidents: Distracted drivers can lose control of their vehicles, leading to single-car accidents, where the vehicle may hit a tree, guardrail, or other objects.
Kentucky Law on Texting and Distracted Driving
Kentucky law expressly prohibits texting for all drivers and the use of personal communication devices for drivers under 18. Violation of these laws is considered negligence and can serve as the basis for a personal injury claim if the distraction leads to an accident causing injury.
The state follows a “pure comparative fault” system. If you share some fault for the accident, your damage award will be reduced by your percentage of fault. But you can still recover damages even if your fault is greater than that of the other driver.
In Kentucky, the statute of limitations for personal injury cases is one year from the date of the accident. If this period passes, you’ll lose your right to sue for damages.
Resources for More Information
- Kentucky Revised Statutes – Title XVI. Motor Vehicles – Chapter 189.390: This law outlines the restrictions on using personal communication devices while driving. Link
- Distraction.gov: The official U.S. government website for distracted driving. Link
- Centers for Disease Control and Prevention – Distracted Driving: Provides information on distracted driving and offers safety tips. Link
- Insurance Institute for Highway Safety – Distracted Driving: Presents statistics and studies about distracted driving. Link
For individuals who have been injured due to the negligence of a distracted driver, it is crucial to consult with a knowledgeable personal injury attorney who can guide you through the legal process and advocate for your rights.
Note: This article is intended for informational purposes only and does not constitute legal advice.