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Car Accidents in Franklin, KY

Serving as the county seat of Simpson County, Franklin is known for its number of notable people, Kentucky Downs, and dozens of churches found throughout the city. Not to be confused with Franklin County, the city of Franklin has fewer than 10,000 people, and as such, levels of traffic congestion are relatively low, and car accidents–especially serious car accidents–aren’t common.

But car accidents do occur from time to time, and in a single year, there were 599 motor vehicle accidents reported in Simpson County, three of which were fatal, and 117 of which were injury collisions. While Franklin may be a small city, those who are involved in car accidents within Franklin have as much of a right to seek compensation for their harm as do those in other parts of the state and working with an experienced car accident attorney is imperative.

Kentucky No-Fault Car Accident Laws

Kentucky is one of a handful of states in the nation that maintains a no-fault system for car accidents, which means that drivers must turn to their own car insurance company first, regardless of fault. To be sure, all drivers are required to carry Personal Injury Protection (PIP) coverage to pay for medical expenses resulting from an accident.

Because the no-fault system allows for a driver to recover compensation from their own insurance company after a crash, even if they themselves were to blame for the incident, drivers are simultaneously barred from filing a lawsuit against the other driver or filing a claim for compensation with the other driver’s insurance.

The no-fault law has some exceptions, though; drivers may step outside of the no-fault system and seek compensation from a negligent party who caused the crash and related injuries when:

  • Medical expenses total at least $1,000; or
  • An injury is severe enough to result in permanent injury, disfigurement, bone fracture, or death.

Because drivers may seek damages against the other party when their injuries or injury-related expenses meet the threshold described above, drivers are also required to carry liability insurance in the amounts of $25,000 in bodily injury liability coverage per person, $50,000 in bodily injury liability coverage per accident, and $10,000 in property damage liability coverage per accident.

Maximizing Your Compensation Award in a Crash

If you have been involved in a car accident and suffered property damage, bodily injury, or both, you surely want to receive the maximum amount of compensation available to you. If you are filing a claim with your own insurance company (PIP coverage), you will need to prove the full extent of damages you have suffered, which is best done by providing proof of medical bills, doctor’s notes and prescribed treatments, and in some cases, expert medical testimony.

If you are filing a claim with the insurance company of the other driver, things may become more complicated as not only will you need to prove the extent of injury, but also prove that your accident would not have occurred but for the actions of the other driver.

How a Car Accident Attorney in Franklin, Kentucky Can Help You

Many people involved in a car accident hesitate to hire a car accident lawyer following a crash, afraid that hiring a lawyer will only complicate things, and worried about their ability to afford a lawyer. While a lawyer may not be necessary for all car accident claims, here’s how a skilled attorney can help you:

Open an investigation into your car accident case. 

If you have to prove fault of the other driver in order to recover the compensation that you deserve, having an attorney on your side who knows how to conduct an investigation into your case, and is willing to dig deep to get the facts, is critical. A skilled attorney will not only dedicate the time necessary to thoroughly investigating your case, but also the resources; investigations often require hiring medical experts, accident reconstruction experts, design specialists, and other professionals.

  • Organize all data and documents related to your claim. From making sense of witness statements and police reports to compiling and adding together the various expenses that you have incurred directly related to your accident, having a team of professionals who can organize all data and documents related to your claim is important. This information will be used to determine the value of your claim, so it is critical that this process is comprehensive and exact.
  • File your claim and help you to understand the law. Filing a car accident claim or pursuing a lawsuit is a process that requires understanding of applicable laws and rules. Our Franklin car accident lawyer will not only help you to file your claim but will also help you to understand things like negligence, liability, a statute of limitations, subrogation, and more.
  • Negotiate your claim and litigate if appropriate. If an insurance adjuster offers you a settlement, your lawyer will review the settlement to ensure that it is fair and just. If it’s not, negotiations will ensue, led by your attorney. If a fair settlement cannot be reached that fully compensates you for your losses, your attorney can file a lawsuit and litigate on your behalf if necessary.

If you don’t think that you can afford a lawyer, consider that our attorney works on a contingency fee basis, which means that you will never have to pay any upfront or hourly fees. In fact, we don’t collect any payment unless you recover a settlement.

Contact a Franklin, Kentucky Car Accident Lawyer Today

Being involved in a car accident, especially a serious one that leads to expensive amounts property damage and injuries, can be a shocking experience. While you may be worried about your recovery and how you will afford things like medical expenses and costs of living while you’re unable to work, you can take comfort in the fact that our attorney is here to fight for you.

Take the first step toward recovering the compensation you deserve by reaching out to a reputable auto accident lawyer in your area.

Is a Car Crash Ever an Accident?

Is a Car Crash Ever an Accident?

If you open the newspaper and flip through, you’ll read a lot about car accidents. A drunk driving accident that killed one and injured three, a bad weather accident that left a car totaled, or a traffic accident that happened after a driver ran a red light. However, the definition of the word “accident” is a negative event that happens unexpectedly and unintentionally.

Knowing the true definition of accident, is any car crash really an accident? Views on this matter are split.

Everyone Uses the Word “Accident”

First, it’s important to note that almost everyone uses the term “accident.” Even police reports for car collisions are often officially called “accident reports.” This implies that there is something unavoidable about a car collision. Or, to govern further, it implies that the vehicle itself is responsible for the crash.

This dates back to when cars were novelties on the road. People barely understood how they worked, and safety precautions were limited. As a result, collisions were always attributed to the vehicle. Over time, the term “car accident” came to be preferred to “car crash.”

Most Car Crashes Have a Clear Cause

This reasoning, though, doesn’t really stand up today. The vast majority of car crashes are avoidable and have a clear cause. In most collisions, the cause is not the car itself. While some crashes can be linked back to defective auto parts or poor repairs, almost all crashes are caused by human error. Whether the human error is driving while impaired, turning in front of an oncoming vehicle, improperly estimating another vehicle’s speed, or failing to see a traffic light, all of these errors are avoidable. In these situations, to call a crash an “accident” is a misnomer.

The Term “Accident” Denies Cause

The term “accident” causes a substantial amount of pain for those who have lost loved ones to careless drivers. The term implies that nothing could have been done to change the outcome and that the collision was simply bad luck. But in most cases, this simply isn’t true. It’s not a matter of bad luck; it’s a matter of choice. People choose to drive while impaired. People choose to drive over the speed limit. People choose to chat while in the car, which causes them to miss a sign and not see that the speed limit has dropped. To honor those who have been hurt or killed in car crashes, we need to stop tossing the term “accident” around so lightly. We need to hold irresponsible or reckless drivers accountable.

Are There Any Accidents?

So, if accidents are unintentional or unavoidable, are there any car accidents? This all comes down to semantics, so there isn’t really one true answer. Some people still believe that accident is the right word to use for any car crash, even if avoidable human error is involved. The accident itself was unintentional, they claim, so the term is correct.

Others have started to eliminate the term “accident” from their vocabulary slowly. Some insurance companies, rather than referring to “accidents,” categorize collisions as unavoidable crashes or avoidable crashes. This emphasizes the fact that most crashes are avoidable and aren’t simply random events of chance.

However, no matter where you fall on the spectrum, you’ll likely find that there will always be some accidents. Obviously, crashes that occur because of mechanical error or malfunctioning components are unavoidable unless the driver knew about the issues ahead of time.

The same can even be said about crashes caused by human error. At what level of attentive driving do you stop considering a crash avoidable and start considering it unavoidable? Say someone swerves in front of you on the highway, leaving almost no room between the front of your car and the back of theirs. You panic and brake, but they brake harder and you hit the back of their car.

The insurance company blames you because you were the driver in back. In retrospect, you might think you should have switched lanes and avoided the crash entirely. But on your end, was the accident really unavoidable? Not unless you had perfect foresight and completely clear decision-making skills in times of crisis. And who really does?

What if you’re driving and checking the road for other cars, and you miss a sign that shows the speed limit has dropped? You continue driving 10 MPH over the speed limit, which causes an accident when you hit a patch of ice ahead. This was avoidable, but is it really fair to expect people to see every sign and adhere perfectly? No matter who you are talking about, no one is a perfect driver and to expect that is unfair and impractical.

In summary, to put it in simple terms, some car crashes are truly accidents. However, most of the time, these crashes are due to our own bad decisions. As language adapts and becomes more sensitive to the people who use it, perhaps we will see the word less and less often.

If you or someone close to you has been injured in a car accident, you could be entitled to significant compensation. Remember, however, that the insurance company’s goal is to pay out as little as possible, so they are not on your side when it comes to filing an accident injury claim. In order to ensure that you recover maximum compensation, it is best to speak with an experienced personal injury lawyer about your case.