Rear-End Accidents in Kentucky

A rear-end accident can be more than just a nuisance, particularly if you sustain an injury or property damage. Recovering compensation can become unnecessarily challenging, particularly when insurance carriers or legal teams get involved. At Meinhart & Manning, PLLC, we understand these claims and are here to help when you need a rear-end accident attorney in Kentucky.

Figuring Out Liability After a Rear-End Collision

In most rear-end collisions, the driver in the rear is typically presumed to be the one who caused the collision. This presumption arises because Kentucky law expects drivers to stay a safe following distance from the vehicle in front of them, allowing sufficient time to stop and avoid a collision. If the rear driver fails to do so, they may be considered negligent and, therefore, responsible for the crash.

However, this assumption is not always conclusive. In some instances, the lead driver’s actions can shift or share the liability. For example, if the lead driver suddenly brakes without warning or has malfunctioning brake lights, they could be found partially or fully responsible for the collision. Additionally, cases where the lead driver engages in risky driving – such as cutting off another vehicle – could also result in shared fault.

Can You Recover Enough Compensation for Your Losses?

In Kentucky, if you are involved in a rear-end accident, you may be eligible for compensation based on the extent of your injuries and the level of property damage. This compensation typically includes:

• Medical costs. You can recover expenses related to medical treatments, including emergency services, surgeries, medications, and ongoing care.
• Lost income. If your injuries leave you unable to work, you may seek compensation for the wages lost during your recovery.
• Property damage. This covers the costs of repairing or even replacing your your vehicle and any other damaged property.
• Pain and suffering. Compensation may also be available for the physical pain and emotional distress resulting from the accident.

How Long Do You Have to File Your Claim?

Kentucky law imposes a specific time limitation for filing personal injury claims, including rear-end accidents. In most cases, you have two years from the date of the accident to file a lawsuit. Failing to file the rear-end collision claim within this timeframe may result in the loss of your right to seek compensation. There are exceptions to this rule, such as if the accident involves a government entity or if the injuries were not immediately apparent.

It is crucial to contact a Louisville motor vehicle accident attorney as soon as possible to ensure your claim is filed on time and to allow your attorney to gather necessary evidence to support your case.

Common Tactics Insurance Carriers May Use to Limit Your Payout

Insurance companies are not always eager to pay the full amount of compensation that accident victims deserve. After a rear-end collision, insurers may attempt various strategies to minimize your payout, including:

• Denying liability. The insurer may argue that their policyholder is not fully responsible for the accident, especially if they can find evidence to place some of the blame on the lead driver.
• Offering low settlements. Insurers might offer a quick but insufficient settlement amount to avoid paying the full value of your claim. These early offers often do not account for ongoing medical expenses or future lost wages.
• Disputing the severity of your injuries. Insurers may question the extent of your injuries, particularly if you did not seek immediate medical attention. They may claim that your injuries are exaggerated or unrelated to the accident.

Call a Rear-End Accident Attorney Today

If you have been involved in a rear-end collision in Kentucky, you do not have to face the legal process alone. The attorneys at Meinhart & Manning, PLLC, are here to help you navigate your claim, deal with insurance companies, and help you recover the compensation you deserve. Reach out to us today for a free consultation by completing our contact form or calling us right now.