C. Ed Massey & Associates

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Northern Kentucky Distracted Driving Accident Lawyers

Distracted driving is causing more and more accidents in Kentucky and nationwide. All of us need to drive defensively to steer clear of distracted drivers. In case of an accident, it may be important to find out whether the other driver was driving while texting or otherwise distracted.

The personal injury attorneys at C. Ed Massey & Associates, PLLC, leave no stone unturned when researching the causes of our clients’ motor vehicle accidents. We are prepared to dig deeply into the details behind the car or truck accident that injured you and use that to strengthen your case. We work with injury victims across Northern Kentucky from our office in Erlanger, including those located in Crestview Hills, Florence, Oakbrook, Wilder, Highland Heights, Cold Spring, Hebron, Crescent Springs and Fort Mitchell.

What Are Common Examples Of Distracted Driving In Northern Kentucky?

A detailed investigation after a motor vehicle accident is essential to the process of determining liability. Showing that another driver was in the wrong can go a long way in building an effective claim for compensation. Accident reconstruction may reveal that a negligent driver failed to watch out properly because of distractions such as:

  • Texting while driving
  • Talking on the phone or using a tablet computer
  • Chatting with other occupants in the car
  • Soothing a fractious pet or infant
  • Arguing with passengers in the car or other drivers
  • Adjusting radio dials or entertainment system controls
  • Eating, smoking or grooming
  • Daydreaming
  • Sightseeing
  • Reaching for a dropped object

Whatever type of activity constituted a distraction, evidence demonstrating another driver’s carelessness can enhance your claim for compensation after a crash.

How Can I Prove The Other Driver Was Distracted In My Northern Kentucky Accident?

If you think it’s likely that the other driver was distracted and that their inattention caused your accident, there are numerous ways to gather evidence that our attorneys can introduce at trial. Some of the more common tools we use to prove distraction while driving include:

  • Cell phone provider subpoenas: We can access records that will indicate if the driver’s phone was being used to text or talk immediately before the crash.
  • Witness statements: People who say the accident may report the driver looking down or away from the road before the crash.
  • Event Data Recorders (EDRs): Some cars and many commercial trucks have EDRs, which record information such as the speed of the vehicle before the crash or if the driver slowed down before hitting you.
  • Surveillance or dash cam footage: There may be nearby home security or roadway surveillance cameras that show the moment of impact and what was happening immediately beforehand.
  • Police reports: The officers who respond to your incident may note on the official accident report that the other driver was distracted. This can strengthen your case.
  • Crash debris: The physical distribution of the wreckage may indicate that the driver was distracted.

A distracted driving attorney can discover sources of evidence to strengthen your lawsuit and ground it in the facts of the case.

Strong Evidence May Enhance Compensation

When you have suffered a serious injury or lost a loved one in a vehicle accident, it is worthwhile to consider all possible ways of improving your case. Compelling evidence on your side may help you recover the compensation that you need and deserve for the following:

  • Medical care
  • Replacement of lost wages
  • Acknowledgment of your pain and suffering

With more than 50 years of combined experience practicing law, our personal injury attorneys are powerful litigators who work hard on behalf of injured clients and their families.

Is It Illegal To Text And Drive In Kentucky?

Yes. Pursuant to KRS 189.292, drivers are prohibited from using a personal communication device to write, send or read text-based communications while the vehicle is in motion. The law prohibits manually writing, sending, or reading any text-based communication, including texts, emails and instant messages, while the vehicle is in motion. There are exceptions for calling 911 and for interacting with a GPS/navigation device. Commercial drivers are even more strictly limited, with their only exception being to summon emergency help.

While the fine is usually under $100 for being cited for texting and driving, it also results in 3 points being assessed against your Kentucky driving record, which can impact your Kentucky driving privileges and insurance rates.

Can I Still Sue For A Distracted Driving Accident If I Have No-Fault Insurance?

Yes, you can. Although the commonwealth requires Kentucky drivers to carry no-fault Personal Injury Protection (PIP), this is primarily intended to cut down on the number of injured people suing over relatively minor injuries.

You may file a personal injury lawsuit in Kentucky if any of the following are true:

  • Your medical expenses exceed $1,000.
  • You broke a bone in the collision.
  • You suffered permanent disfigurement as a result of the crash.
  • You suffered permanent loss of bodily function, which includes various long-term impairments to physical abilities.
  • You suffered another type of permanent injury within a reasonable medical probability.
  • The crash resulted in your death (your survivors may file on your behalf).

Many people who are seriously injured after a car or truck wreck meet these criteria. Additionally, PIP only covers injuries; you are free to sue to recover property damages at any level.

Schedule A Consultation With A Northern Kentucky Distracted Driving Attorney

Initial consultations – in person or remote – are free at our law firm. You will not owe us legal fees until a verdict or settlement is paid. We welcome the opportunity to answer your questions and explain how we can help you pursue financial and legal justice after a crash caused by another driver’s distractedness. To make an appointment, call 859-905-0936 or send an email message.