Passenger Injuries and Deaths in Louisville
According to a report from the Kentucky State Police, 724 people died in the state from auto accidents, and Kentucky averages about 115 of those each year. and thousands more are injured. When someone is injured in an accident, or tragically dies, this puts a strain on the victim and their loved ones left behind.
Under Kentucky law, when a motorist injures another person, then their insurance will pay for their losses, and if the person dies, the surviving family members will be compensated. This is the same if the victim is a driver or a passenger.
Passenger Dies in Crash in Louisville
In one recent example, on Friday, November 27, 2019, one person died and four others were injured when two cars collided on West Main Street. According to Louisville Police, the accident happened around 10 p.m. when a Ford Mustang hit a Chrysler 200 in the intersection at 25th Street and West Main Street.
Witnesses say that the Mustang driver was speeding, but it’s unclear which driver is at fault in the crash. A passenger in the Chrysler was pronounced dead at the scene, and drivers and front-seat passengers of both cars were injured and taken to the hospital.
Though we don’t know who is responsible in the above-mentioned crash, there were passengers who were injured and unfortunately one passed away. So what does this mean for those passengers seeking compensation?
Liability for Passengers
The law requires the injured person in a crash to prove that the other driver was negligent and therefore at fault before recovering compensation. In a typical accident, one of the drivers is at fault and has to pay for the injuries to the occupants of the other car.
However, what happens when the passenger of the at fault car is injured or dies? Who pays for these losses? Kentucky law still requires the passenger to prove negligence, but if the driver of the other car wasn’t negligent, then the injured passenger is able to seek compensation from the driver of the car he or she was riding in.
Many times, this person is a friend or even a family member, and many injured don’t think about having to sue them for their injuries.
Making an Insurance Claim
In most situations, the case will settle before going to court, and the injured will not have to actually sue but can make an insurance claim against their driver. This is why the driver paid for insurance in the first place, so that if they made a mistake, there would be enough money to pay for the damages.
What if the Driver is Uninsured?
In some cases, the driver of the car where the passenger gets hurt is uninsured. This can cause hardship for the passenger as he or she won’t receive compensation for their injuries. However, if they have their own auto insurance with uninsured and underinsured motorist’s coverage, then they can make a claim on their own insurance even if they weren’t driving the car.
Contact a Personal Injury Today
Accident victims often wonder if they need an attorney, and the answer is almost always yes. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.
Talk to a Louisville Personal Injury Attorney you can trust to be on your side and get you what is yours under the law.The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, call Kaufman & Stigger, PLLC today, at (800) 937-8443 or click here to contact them online.