A car crash can cause your life to come to a grinding halt. Whether from the stress of the situation, the damage to your car, or any injuries you sustain, car crashes are expensive and time-consuming no matter what. However, while some minor accidents can be quickly solved via an insurance claim, the situation can quickly become complex to navigate. This is especially true in the case of a hit and run car accident.
If another driver crashes their car into yours, and then speeds off, you will have no way of proving their liability, no information about their insurance situation, and it can feel like you have no way to fight for the compensation that you deserve.
However, there are some key things that you can do to ensure that you are properly compensated for the damages that you suffer if you are involved in a Kentucky hit and run accident. Read on to learn more about hit and run laws in Kentucky.
What Is a Hit and Run?
A Kentucky hit and run car accident is defined by one or more responsible parties leaving the scene of an accident. This means that if your vehicle is hit by another and they leave the scene before interacting with you, leaving a note in specific cases, or talking to responding police officers, then you have been the victim of a hit and run.
This is also the case if another party is injured and they do not try to render reasonable assistance.
It’s important to note that this is true even in very minor cases, such as a fender bender with your parked car that leaves minor scratches.
A common reason for someone to leave the scene of an accident is if they have no insurance or are underinsured. In the state of Kentucky, around 14% of drivers are uninsured.
Are Hit and Runs Illegal in Kentucky?
According to Kentucky law, if a driver is involved with any accident that causes damage to property or persons, then they are legally required to stop their vehicle in order to avoid a hit and run charge. It is the driver’s legal responsibility to assess damage and to render reasonable assistance to any injured parties.
If an unattended vehicle, parked car, other property, or fixed object is hit on city streets, and property damage is caused but no person is injured, they are legally responsible to provide written notice giving their contact information and vehicle insurance policy information. They are not required, in this instance, to call the police, though.
For those who leave the scene of a crime, a hit and run charge may be applicable under Kentucky law.
What Should You Do If You Are Involved in a Kentucky Hit and Run Accident?
Accidents happen suddenly, which means that it can be hard to keep your focus clear during them. That being said, there are a few key steps to try to remember after an accident.
Note that if anyone is injured, your first focus should be on ensuring they (or you, if you are the person struck) receive medical attention.
Try to Remember the Vehicle That Hit You
If they have already left the scene, jot down as many details as you can remember.
Try to include things like:
- Color
- Make or model of the vehicle
- Identifying info such as the state on their plate
- Numbers or letters you remember from their license plate number or vehicle registration number
- Bumper stickers
While you may not be able to completely identify the vehicle or license plate number, small details can add up so that the local police department can better track down the hit and run driver.
Document the Scene
Take notes about what you remember from the accident.
These should include aspects such as:
- Approximate time of the accident
- Weather conditions
- The exact location of the accident
- How the accident occurred, to the best of your recollection, such as whether you were turning or the other car side swiped you when changing lanes
You should also photograph the accident scene, if possible. Take photos of the road conditions, surrounding businesses (in case witnesses can be found or camera footage exists), and of the damage to your vehicle itself.
If there is shattered glass or pieces of metal that have flown away from the scene, this should be documented as well. These kinds of details can often help prove the angle or speed of a crash.
Talk to Witnesses
If there are other drivers nearby, or pedestrians, ask for their contact information. They may provide invaluable information later. For those not involved with the immediate crash, it may be easier to be able to better remember details. Get the driver’s license information of any witnesses so they can be contacted for their statement.
Report the Accident
Reporting the accident as soon as possible will mean that the local police department is able to more accurately write an accident report. They will talk to witnesses, take their own documentation of the accident scene, and answer any questions that you may have.
Remember to give them any information that you have about the other such vehicle involved in the car crash. The official report from the law enforcement officer that is created can often be very helpful for any later insurance claims made.
Seek Medical Assistance
Even if you are not noticeably injured, it is always the safest option to see a doctor. Some injuries, such as those to the neck or back, or serious injuries such as internal bruising or bleeding, may not be immediately visible to the eye or cause immediate pain.
If you have hit your head, have open wounds, or believe you have broken anything, then immediate medical attention is even more important.
Additionally, receiving an accurate medical report from a doctor can be a key component of any claims made for compensation. If you are injured, you will need to prove the extent of your injury as well as show proof of any medical treatments received.
Finally, if you miss any work due to an injury, you will also need to show proof of missed time and any wage loss that occurred because of that.
Talk to a Hit and Run Attorney
Kentucky hit and run accident victims may often have a hard time proving their case in order to receive a fair settlement from their insurance, including coverage from personal injury protection. This is because, without the at-fault driver available, there may be no way to conclusively prove which driver is liable for the motor vehicle accident.
Talking to a lawyer may be helpful in ensuring that you are fairly compensated for the damages that you have suffered. Your lawyer can work with you to file the claim, negotiate with the insurance company on your behalf, locate witnesses, and handle acquiring additional evidence that you may need to prove your side.
What Should You Not Do After a Hit and Run Accident?
While we have outlined some things that you should do after an accident, there are a few you should avoid.
Take Any Blame for the Accident
When talking to police after the accident, try to avoid taking partial blame for the accident. Do not say things like “I should have seen them coming” or similar language.
Remember that the person who hit you is the one who caused the accident. It is easy to feel guilty in the moment because you are stressed and may feel that you are inconveniencing others, but that is not the case.
Try to Track Down the Hit and Run Driver
While it is fine to gather eyewitness testimony, and details about the other vehicle or driver, avoid reaching out to anyone who you suspect may be the other driver. Instead, always have this handled by the police or through your attorney.
Additionally, under no circumstances, should you try to immediately drive after or pursue the hit and run driver. This is dangerous. Wait for the police.
Possible Damages After Hit and Run Accidents
Kentucky traffic laws require any driver involved in an accident to stop immediately and render reasonable assistance to an injured person, even in hit-and-run collisions. If a driver fails to provide aid or his or her name, registration number, and insurance information to an injured victim, owner of a damaged car, or Kentucky State Police on the scene of an accident means hit and run charges under Kentucky Department of Safety KRS 189.580, a Class D felony. Those convicted face a maximum fine, criminal record, revoked driving privileges, and civil penalties.
For victims, damages from a hit and run crash are claimed through your own auto policy’s uninsured motorist coverage, covering costs like:
- Medical bills
- Lost wages from missed work
- Reimbursement for car repairs or other property damage
- Pain and suffering losses
Though a fleeing vehicle complicates evidence gathering, accident reports from police, medical records, and eyewitness statements help our legal team build strong personal injury claims for maximum compensation. Contact our attorneys today for a free consultation to discuss the hit and run laws in Kentucky and start pursuing fair recovery for your injuries and other damages immediately.
Can You File Civil Action for Hit and Run Cases?
Yes, you can file a civil action lawsuit seeking compensation if you are injured in a hit-and-run accident in Kentucky.
Under Kentucky law, drivers involved in a car accident are required to immediately stop, provide aid to any injured people, and share their name, vehicle registration number, and insurance details.
However, even without being able to identify or locate the at-fault driver who caused the car accident and then fled, the injured victim can still recover damages by making an uninsured motorist claim through their own auto insurance policy. This covers costs like medical bills, lost income, vehicle repairs, pain and suffering losses, and other accident-related expenses, up to the limits of the policy.
Additionally, the victim can pursue a personal injury lawsuit against the owner or driver once identified, or even file a claim naming the hit-and-run driver as a “John Doe” defendant while police investigations seek to uncover their identity. Though complicated, our experienced legal team can utilize the police report, statements from witnesses and medical professionals, scene photos, surveillance video, and other evidence to prove liability and damages.
Contact our personal injury law firm today for a free case review if you or a loved one were hurt in a hit-and-run. Even without an identified or insured liable driver, we can help you recover maximum compensation through aggressive civil claims and skillful negotiation. Call now to get started.
What If I Am the One Charged with a Hit and Run?
Hit and run collisions are considered extremely serious traffic offenses under Kentucky hit and run laws. Any person involved in an accident that results in vehicle damage, serious injury, or death must immediately stop their vehicle and render reasonable assistance.
Fleeing the accident scene without providing this information as required is against Kentucky hit and run laws and constitutes a Class D felony hit and run charge. With severe consequences like hefty fines, license suspension, revocation of driving privileges, criminal charges, and even possible jail time, contacting experienced criminal defense attorneys should be your first priority if facing prosecution.
A hit and run defense attorney can carefully examine the police reports, accident descriptions, applicable traffic laws, witness statements, and other evidence to build the strongest defense against the charges. Often they can negotiate with prosecutors for reduced penalties, diversion programs, or dismissed cases depending on the precise circumstances. They will also make sure your legal rights are protected throughout the investigative and criminal justice processes.
In addition to defending against criminal prosecution and penalties through the state of Kentucky, a knowledgeable lawyer can also advise on potential civil liability in related personal injury claims, insurance disputes with your provider, and DMV administrative actions against your license. Don’t delay in seeking expert legal help if involved in a hit-and-run accident – call a hit and run defense lawyer today for urgent consultations and representation.
Is Kentucky a No Fault State?
Yes, Kentucky has a no fault system when it comes to car accidents. This means that in the event of an accident, a driver’s own insurance coverage is responsible for paying out some of the driver’s accident-related expenses, regardless of who is at fault for causing the accident.
Specifically, under Kentucky’s no-fault insurance system, a driver’s personal injury protection (PIP) coverage will pay for initial medical bills, property damage, and lost wages due to an accident up to $10,000. This no-fault PIP coverage applies no matter who caused the accident.
However, Kentucky’s no-fault laws do have limits. Although drivers first turn to their own PIP policy, they can still pursue additional compensation for accident injuries or expenses above the PIP limits through a fault-based claim against the at-fault driver if negligence caused the crash.
How a Personal Injury or Defense Attorney Can Help
If you’ve been the victim of a hit and run accident, our auto accident lawyers can help. We specialize in personal injury lawsuits related to hit and run accidents. With years of experience between us, our national trial lawyers are able to explore all avenues available to recover compensation for you and hold the correct person responsible.
Our Kentucky-based lawyers will help you navigate the complexities of the legal process involved with hit and run accidents, track down the guilty party’s registration number, handle any needed negotiations with insurance companies or the responsible party for the serious offense, and even take the case to trial if no satisfactory compensation is being offered.
McCoy & Sparks is here to fight for you, so you can focus on what matters. Contact our legal team today for a free consultation at 844-459-9467.