Disclaimer: This is general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Kentucky attorney.
Detailed Answer
If another driver ran a stop sign and hit your car in Kentucky, you can pursue a personal injury claim to recover medical costs, lost income, pain and suffering, and other damages. Below is a step-by-step guide that explains how the typical claim process works under Kentucky law and what you should do right away.
1. Immediate steps at the scene
- Check safety and get medical attention. Call 911 even if injuries seem minor—some injuries appear later. Your health comes first, and medical records create important evidence.
- Call the police. An official crash report documents who was involved, witness names, and officer observations. That report helps establish fault.
- Collect evidence. Take photos of vehicle damage, road signs (or missing signs), skid marks, traffic signal positions, and visible injuries. Get contact and insurance information from the other driver and from witnesses.
2. Preserve and organize documents
Preserve all records related to the crash and your injuries:
- Emergency and follow-up medical records and bills.
- Receipts for medications, travel to medical appointments, vehicle repairs, and other accident-related expenses.
- Photographs, video, and the police crash report.
- Any communication with the other driver or insurance companies.
3. Notify your insurance company
Most auto policies require prompt notice of an accident. Provide accurate facts but avoid giving recorded statements about fault until you understand the full picture. Do not accept a quick low settlement without checking injury diagnostics and long-term impacts.
4. File a claim with the at-fault driver’s insurer
After the crash, you usually file a claim with the other driver’s liability insurer. The insurer will investigate, review the police report, talk to witnesses, and evaluate damage and medical records. They may make a settlement offer. Typical steps:
- Provide documentation of medical treatment and expenses.
- Explain how the injury affects your daily life and work (lost wages, reduced ability to perform tasks).
- Negotiate a settlement or, if you cannot agree, prepare to file a lawsuit.
5. How fault and comparative negligence affect your claim in Kentucky
Kentucky reduces a plaintiff’s recovery by the plaintiff’s percentage of fault. That means if the other driver ran a stop sign and was primarily at fault, you will likely be entitled to damages. If you share some fault (for example, you were speeding), your final award can be reduced by your percentage of blame. Because fault allocation affects value, accurate evidence and witness statements matter.
6. Statute of limitations — act promptly
Kentucky limits the time you have to file a personal injury lawsuit. Actions for injuries to the person generally must be brought within the time set by Kentucky law. See the Kentucky Revised Statutes and consult a lawyer promptly to avoid losing your right to sue. You can review Kentucky statutes at the Legislative Research Commission’s site: Kentucky Revised Statutes (KRS). For example, the statute addressing actions for personal injuries is listed under the KRS sections covering actions for injury to the person.
7. When to file a lawsuit
If negotiations with the at-fault driver’s insurer do not produce a fair settlement, you can file a civil lawsuit in Kentucky court. Filing starts the formal legal process: discovery, depositions, expert opinions (if needed), and possible mediation or trial. Filing a lawsuit is time-sensitive because of the statute of limitations, so contact an attorney well before that deadline.
8. Possible outcomes and damages
If you prevail, you may recover:
- Medical expenses (past and reasonably expected future care)
- Lost income and diminished earning capacity
- Property damage (repair or fair market value of your vehicle)
- Pain and suffering, emotional distress, and loss of enjoyment of life
9. Consider an attorney
An experienced Kentucky personal injury attorney can evaluate liability, value your case, handle insurer negotiations, and, if needed, file suit. Many personal injury lawyers work on contingency (they are paid a percentage of any recovery), which can reduce upfront cost barriers. If you choose to consult a lawyer, bring your documents and a clear timeline of events.
Helpful Hints
- Seek medical care immediately—even if injuries seem minor. Some injuries (concussions, internal injuries, soft-tissue damage) appear later.
- File an insurance claim promptly but avoid signing releases or accepting quick settlement offers before you know the full extent of your injuries.
- Get a copy of the police crash report. It’s often available from the law enforcement agency that responded.
- Preserve all evidence. Do not post detailed accounts or photos of the crash or injuries on public social media. Insurers and opposing counsel may use public posts against you.
- Be cautious with recorded or written statements to the other driver’s insurer. Stick to facts and avoid speculation about fault or the full extent of injuries.
- Track lost wages precisely: keep pay stubs, employer statements, and dates missed from work.
- If you are unsure about comparative fault or complicated liability questions (e.g., a malfunctioning traffic control sign, multiple at-fault drivers, or a government entity), consult a Kentucky attorney quickly—some claims against government bodies have special notice requirements and shorter deadlines.
- Use reputable resources for Kentucky law and court procedures: the Kentucky Revised Statutes at the Legislative Research Commission (apps.legislature.ky.gov/statutes) and the Kentucky Court of Justice for filing and court rules (kycourts.gov).
If you want, I can help you prepare a checklist of documents to bring to an attorney or a sample timeline of events to share with your insurer. I can also outline typical questions to ask when you interview a personal injury lawyer in Kentucky.