The design, construction and maintenance of roadways might be a primary or contributing factor for injuries and deaths resulting from traffic accidents. Some dangerous stretches of road even have histories of similar accidents at the same locations. If one or more road defects cause an accident that results in an injury or death, the governmental entity that’s responsible for it can be held liable for damages. Just a few of some common design or maintenance defects might consist of:
- Potholes
- Dangerous shoulder drop offs
- Malfunctioning traffic signals
- Inadequate warning signs
- Poorly laid out construction zones
- Hazardous intersections
- Dangerous curves
- Inadequate guardrails
The Kentucky Transportation Cabinet (KYTC) oversees more than 27,000 miles of state and federal roadways in the Commonwealth of Kentucky. Like anywhere else in the United States, design, construction and maintenance issues sometimes arise on those roadways, and accidents result. Kentucky law allows motorists and passengers who believe that they were injured as a result of negligent roadway design, construction or maintenance by the Kentucky Transportation Cabinet to file appropriate personal injury actions against it.
Claims against the Kentucky Transportation Cabinet (KYTC)
Any personal injury claim arising from allegations of negligence against the Kentucky Transportation Cabinet must be brought in the Kentucky Board of Claims. Aside from hearing personal injury claims and being authorized to award compensation for damages, the board can also conduct its own investigations into claims. Successful claims will be reduced by the amount that a claimant receives from a collateral source like automobile insurance or private health insurance. As opposed to common law personal lawsuits, the damages element of pain and suffering is not compensable in board hearings.
Any claim submitted with the Kentucky Board of Claims must be made on the form provided by the board. Detailed information and documentation are required. No award from the board is allowed to exceed $250,000 for a single person or $400,000 total per occurrence. Claims must be filed with the Kentucky Board of Claims within one year of the date of the occurrence claimed. Failure to file a claim on a timely basis is likely to result in its denial.
Contact a Car Accident Lawyer Today
Any type of personal injury claim against the Kentucky Transportation Cabinet is going to be zealously defended by staff attorneys. Simply submitting a claim form is nowhere near enough to prevail in a claim. The claim process is complicated.
If you believe that you have a personal injury claim against the Kentucky Transportation Cabinet, give us a call at (800) 937-8443 and a member of our personal injury team will answer the phone and have you talk with one of our experienced car accident lawyers immediately. We work with clients in Louisville, Lexington and all over the entire state.
