Texting/Distracted Driving Laws in Kentucky
Texting and driving is prohibited in Kentucky and across the United States. Surprisingly, some negligent motorists are still in the habit of talking, texting, or making use of their mobile devices while driving, thereby causing traffic accidents. If you were involved in an auto accident caused by a driver who was driving distracted or texting while driving, you may be eligible to recover damages through a claim.
Mr. Slechter and Mrs. Slechter of Slechter Law Firm, PLLC have devoted their careers to guiding and representing clients in their distracted driving accident cases. As highly-skilled Kentucky attorneys, they will investigate every aspect of your unique situation and enlighten you about what to do after getting hit by a distracted driver.
In addition, they will fight vigorously to protect your rights, hold the negligent driver liable, and help you pursue rightful compensation for your injuries and damages. The firm proudly serves clients across Louisville and surrounding areas throughout the state of Kentucky, including Lexington.
The Dangers of Distracted Driving
As a driver, you're expected to practice safe driving habits and obey all federal and state driving laws, safety rules, and standards. Distracted driving occurs when a driver, while operating a motor vehicle, engages in any conduct, behavior, or action that takes away their attention and focus from the driving task. Some common examples of driving distractions include texting, drinking, eating, talking on the phone, or discussing with other passengers.
Classification of Driving Distractions
Driving distractions can be classified into manual, cognitive, and visual distractions.
Manual Distractions
Manual distractions comprise any activity that prompts the driver to remove his or her hands from the steering wheel. Examples of manual distractions include eating or drinking while driving.
Cognitive Distractions
Cognitive distractions comprise any activity that takes away the driver's mind, focus, or attention from the road while driving. Examples of cognitive distractions include talking with passengers while driving.
Visual Distractions
Visual distractions comprise any activity that makes the driver look elsewhere, other than the road, while driving. Examples of visual distraction include looking at your phone, checking your navigation system, billboards, or a nice car parked along the road.
Kentucky's Distracted Driving Law
According to Kentucky law, all drivers are prohibited from using a "personal communication device" to write, read, or send an email or text message while driving a car that is in motion. In addition, drivers who are below 18 years are prohibited from using all cell phones, including handheld or hands-free devices.
Exceptions
Some common exceptions to using a personal communication device while driving in Kentucky include the following:
making use of the GPS feature on the device
reporting a crime or illegal activity
using a navigation system or GPS electronically or physically integrated into the motor vehicle
choosing, reading, or entering a person's phone number or name to make a phone call
calling the police or law enforcement
calling for emergency medical help
an operator of an emergency or public safety vehicle when performing their official duties
communications that are necessary to avert an accident, personal injury, or property damage
However, a driver that causes an auto crash while operating their phone or driving distracted may be held responsible for injuries and damages sustained by the accident victims. A practiced Kentucky car accident attorney can enlighten you about what to do after getting hit by a distracted driver and explore your options to recover damages.
Filing a Claim
Additionally, the Commonwealth of Kentucky is a "choice no-fault" state. This means that the state follows the no-fault auto insurance system, but injured persons are allowed to opt out under certain conditions.
According to the state's no-fault system, the accident victim will turn to their insurer (PIP policy) to recover medical benefits, lost wages, and other out-of-pocket expenses, regardless of the at-fault party.
However, an accident victim may be eligible to step outside the no-fault system and file a third-party claim or lawsuit against the at-fault party if their claim meets the following statutory threshold:
The accident resulted in more than $1,000 in medical expenses.
You suffered a significant fracture, permanent disfigurement, permanent injury, or any permanent loss of a body function or organ.
Alternatively, you can opt out of the no-fault system when choosing your auto insurance policy by filing the Kentucky No-Fault Rejection Form with the state's Department of Insurance.
Proving They Were Distracted
Here are some possible ways to prove that the other driver was distracted and at fault for the traffic collision:
Get the other driver to admit that they were driving distracted or texting and driving.
Subpoena the at-fault driver’s phone records.
Gather and document witness statements and testimonies.
Obtain pictures and videos from nearby surveillance cameras.
A reliable attorney can conduct a thorough investigation into the accident, gather factual evidence to show that the other driver was driving distracted, and help you seek the financial justice you deserve.
Serving Louisville With Passionate Support
Getting hurt in a distracted driving accident can be overwhelming and might affect your mental, financial, and physical well-being. Nevertheless, you don't have to face the pain and financial liability all alone. Mr. Slechter and Mrs. Slechter have the diligence and skills to help you hold those responsible for your injuries and damages accountable.
As your attorneys, they can review every aspect of your personal situation and help you understand your available legal options to seek damages. Also, the reliable attorneys at the firm will advocate for your best interests and attempt to recover the maximum possible financial compensation for your injuries and damages.
Contact Slechter Law Firm, PLLC today to schedule a simple case evaluation with seasoned personal injury lawyers. Mr. Slechter and Mrs. Slechter can walk you through the complex procedures involved in filing claims and recovering damages after a distracted driving accident. The firm proudly serves clients across Louisville and surrounding areas throughout the state of Kentucky, including Lexington.