Distracted and negligent driving is the leading cause of car accidents in Bardstown. Recently, people have started to pay less attention to what is going on around them while they are driving, and more attention to a device in their hand. Driving a car is a very complicated process, and an individual should not be doing anything that would distract them while they are operating their vehicle.
With that said, if an accident occurs due to a distracted driver the affected party may be able to file an injury claim with the assistance of a Bardstown car accident lawyer. An experienced lawyer can assist in putting together a strong claim and ensure your rights are protected. For more information contact our personal injury lawyer.
Texting While Driving
If an attorney can show that the driver who caused the wreck was distracted by texting while driving, it can prove that the other individual was not at fault, and could be entitled to punitive damages. These are damages above and beyond what the individual incurred, and are intended to punish the other person involved. Punitive damages are also used to make an example of the negligent party, showing that those who choose to act in that manner deserve an additional penalty. These damages are a way to help stop any individuals from texting and driving in the future, or engaging in any sort of distracted or negligent driving in Bardstown.
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Drunk driving, like texting while driving, opens up the door for punitive damages. There are many issues that arise during a drunk driving accident, with the main issue being problems with the at-fault driver’s insurance coverage. Insurance is designed to pay for any liability when there is an accident, but most insurance company policies exclude any behavior that is considered criminal. This means that if an individual is hit by a drunk driver, and they are not the party at-fault, then other person ought to be punished for this distracted and negligent behavior.
However, the insurance company will argue that they no longer have a duty to cover the person who was drunk at the time of the accident. This, in turn, reduces the ability of the suffering individual to recover money from the at-fault party. The state law minimum of $25,000 would always apply, even if the at-fault party was drunk. This means that, unfortunately, a $500,000 insurance policy could sometimes be worth just $25,000.
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In order to show that somebody is negligent, an attorney will have to show that that individual violated the accepted standard of care. This means that this individual had done something that a reasonably cautious person would not do. This will be impacted by the combination of bad weather and driving. For instance, if there is snow on the roads, then an individual cannot normally go the posted speed limit because it could lead to a loss of control of that vehicle. An individual always has to make sure that they are operating their vehicle in the appropriate way for the specific weather condition they are in.
Regardless of what the weather is, the attorney always has the duty to prove whether or not an individual has acted as a reasonably prudent driver. One of the important things that an attorney is going to look at is what the weather conditions were like on the day of the wreck, and determine if the driver was acting in a distracted or negligent manner.
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