Frequently Asked Questions
Should I submit to a Breathalyzer or field sobriety tests? Should you?
Probably not, but if you haven’t been drinking, there’s no harm. In fact, you’d do more harm if you deny the breathalyzer and haven’t been drinking. Can you? Yes, you can refuse to take a breathalyzer – but there are consequences. Contact Us today to discuss your legal opportunity for your particular situation.
What should you do if you’re in a car accident?
Call the police, & an ambulance if necessary. The police report made at the scene of the accident is a crucial information tool in determining liability;
Take pictures of both cars from every angle;
Exchange insurance information, though this should be included on the police report, for the sake of having the information for your own records;
Seek medical treatment immediately if you’re injured;
Contact & retain an attorney. If you’re contacted by an insurance adjuster soon after the accident, you’ll want to provide the adjuster with the name & number of your attorney.
What sort of damages can I seek in a personal injury claim?
Victims can receive compensation for:
Medical expenses
Lost wages & earning capacity
Future projected earnings
Loss of consortium
Pain & suffering
Punitive damages (in some cases)
Should I talk to an insurance adjuster?
The short answer is, “No”.
After an accident, you may hear from an insurance adjuster, calling to ask questions about your accident. They may ask you to make a “short recorded statement”. While you may think, “I’ll just explain exactly how the accident happened - it’s the truth.”, talking to this adjuster very well may diminish your accident claim. Insurance adjusters know how to ask certain questions, and illicit certain statements, designed to devalue your claim
What is Uninsured Motorist Coverage?
While it is a law in the state of Kentucky to carry auto insurance, not all drivers on the road abide by that law (shocking, we know). In the unfortunate event that you find yourself in a car accident, & the at-fault driver does not have an active insurance policy, there is still hope for payment of your damages. You may have an uninsured motorist provision within your own car insurance policy. If so, you can file a claim under that provision. Just because the at-fault driver doesn’t have insurance, don’t give up! You may still have a claim!
What is Underinsured Insurance?
Kentucky has specific guidelines as to the minimum amount of insurance coverage that you should have. If these guidelines are not met sufficiently, then the individual is underinsured. Individuals who have underinsured motorist coverage will find their own insurance will help to offset damages remaining due to an underinsured driver.
What happens if I’m convicted of DUI in Kentucky?
If you’re convicted of DUI, penalties may include loss of license & fines. These penalties are enhanced if aggravating circumstances are present, including but not limited to minimum mandatory periods of incarceration which are double that of a non-aggravated DUI. DUI charges stay on one’s criminal record for a minimum of 10 years - even for a first-time offense.