Defendant's Attorney: Christopher E. Cotter, Robert William Schrimpf, Tyler M. Jolley

Description: Covington, Kentucky personal injury lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory claiming to have suffered more than $75,000 in damages and injuries as a direct result of a semi-tractor trailer accident involving multiple rigs.

"Kentucky's auto negligence law governs how fault is determined and damages are awarded in car accident cases. Understanding these key points can be crucial if you've been injured in a crash:

1. Pure Comparative Negligence:

Kentucky follows a pure comparative negligence system. This means that even if you were partially at fault for the accident, you can still recover damages as long as your negligence is less than 100%. Your damages will be reduced by your percentage of fault.

For example:

If you're found to be 20% at fault for the accident and your total damages are $100,000, you would be entitled to recover $80,000 (100,000 * 0.8).

2. Duty of Care:

All drivers in Kentucky have a duty of care to operate their vehicles safely and reasonably. This includes obeying traffic laws, avoiding distractions, and driving at a safe speed for the conditions. A breach of this duty, if it contributes to an accident, can form the basis for a negligence claim.

3. Common Causes of Negligence:

Some frequent causes of car accidents in Kentucky that could lead to negligence claims include:

Distracted driving: Texting, talking on the phone, eating, or adjusting the radio are all examples of distracted driving that can be considered negligent.
Speeding: Exceeding the posted speed limit or driving too fast for the conditions can significantly increase the risk of an accident.
Driving under the influence (DUI): Operating a vehicle while intoxicated or under the influence of drugs is illegal and a major cause of accidents in Kentucky.
Reckless driving: This includes any intentional disregard for the safety of others, such as weaving in and out of traffic, racing, or ignoring traffic signals.
Failure to yield: Not yielding the right of way at intersections, stop signs, or crosswalks can lead to serious collisions.
Following too closely: Tailgating puts both the driver and other vehicles at risk and can contribute to rear-end crashes.

4. Evidence and Documentation:

If you've been involved in a car accident, it's important to gather evidence to support your negligence claim. This might include:

Police reports: Obtain a copy of the official police report filed after the accident.
Witness statements: If anyone witnessed the accident, get their names and contact information.
Photos and videos: Take pictures of the damage to your vehicle, the scene of the accident, and any visible injuries you sustained.
Medical records: Keep all medical records related to your injuries for documentation and potential use in legal proceedings.

5. Kentucky No-Fault Insurance:

Kentucky has a no-fault insurance system for car accidents. This means that your own insurance company will typically cover your medical expenses and lost wages, regardless of who caused the accident. However, you may be able to file a lawsuit against the at-fault driver for pain and suffering, emotional distress, and other non-economic damages if your injuries meet certain thresholds.

6. Seeking Legal Help:

Consulting with an experienced Kentucky auto accident attorney is highly recommended after any serious car accident. An attorney can help you understand your legal rights, investigate the cause of the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary."

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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