Elizabethtown KY | Car Accident Attorney and Personal Injury Lawyer
Have you been injured in a car accident?
You need your vehicle to live your life. We drive to work, to school, we run errands, see family and friends. You’re so used to driving all the time you don’t realize how dangerous it might be until you or a loved one are involved in an accident. If a car accident has seriously injured you or a family member, The Fleck Firm can help.
Car accidents are more common than we imagine. In Hardin County in 2018, there were 3,047 accidents, twenty causing fatalities and 486 resulting in injuries, according to the Kentucky State Police. The county averaged about eight accidents daily, more than one causing injuries every day and resulting in almost two deaths every month.
What are my legal rights?
Unless there’s evidence that the other driver intentionally caused the collision, the legal theory of negligence would be the basis of a car accident case where the victim (the plaintiff) sues the responsible party (the defendant) to obtain compensation for the injuries suffered.
Depending on the facts, there could be multiple defendants if more than one party played a role in causing the accident. There may have been many vehicles involved, debris may have fallen off a truck or a poorly designed or maintained intersection was dangerous.
Negligence lawsuits put the burden on the plaintiff to show:
- The defendant owed the plaintiff a legal duty (to drive reasonably in a reasonably safe vehicle)
- The defendant breached or violated that duty (the defendant ran a red light, was speeding or drove while intoxicated)
- That breach was the factual and legal (or proximate) cause of the accident and your injuries
- Under Kentucky law, the defendant must provide you with compensation for the harm done
What role does insurance play?
The vast majority of car accident injury cases do not go to trial, they settle. The parties agree that in exchange for an amount of money, the plaintiff will give up legal claims against the defendant. Almost all potential defendants carry insurance to cover these claims.
Their insurance company pays for the legal defense, the settlement or jury verdict. Before a lawsuit is filed, we will negotiate with the insurance carrier to obtain a fair and reasonable settlement. If we can’t reach an agreement, a lawsuit will be filed. During most lawsuits the negotiations will continue and a settlement will be reached.
When should I contact you?
You should seek medical attention and treatment as soon as possible then contact The Fleck Firm. Facts are the basis for insurance claims and lawsuits. The faster you retain our services, the earlier our investigation can start, the stronger your case may be. Over time, witnesses may be harder to find, their memories may fade or change, and evidence may be more difficult to obtain.
How does Kentucky compare with other States?
Every six seconds there is a car accident in the United States. That adds up to more than five million crashes a year. Closer to home, car wrecks in Kentucky kill on average between two and three of our neighbors, loved ones and friends every day. Over the past decade, Kentucky has seen on average more than 800 deaths in car accidents every year and thousands more injuries.
Statistics show that Kentucky’s roads are more dangerous than those in many states. In fact, the state’s death rate per 100 million miles traveled is 1.26, which is considerably more than the national average of 1.07 and the best state’s tally of 0.54. Given these facts, it is no wonder that the Centers for Disease Control and Prevention calls auto safety a “serious public health problem.”
What’s the next step?
Call The Fleck Firm for a free consultation at (270) 446-7000. We’ll talk about the accident, your injuries, the law, and your best options to proceed. Insurance companies have lawyers. You should have one too.