Driving Distractions On Kentucky Roads
Clients who are involved in auto collisions with reckless drivers, drunk drivers or drivers under the influence of drugs often want to know what effect the other driver’s actions and/or condition will have on their claims. In Kentucky, the standard to be applied is whether the defendant driver’s conduct showed a “reckless disregard” for the well being of others on the roadway. The determination of whether the defendant’s conduct equates a “reckless disregard” is a question for the jury to consider. Based on historical jury actions, repeated intoxicated (whether alcohol or drugs) driving offenses do seem to satisfy that standard. A single, isolated intoxicated driving offense may or may not satisfy that standard depending largely on the attitude of the jury. Cell phones and driving is a new area and it seems that juries are tending to view that very much the same as intoxication. Persistent, repeated reckless driving could also result in a jury finding of “reckless disregard”. A finding of “reckless disregard” often results in the award of punitive damages.
Punitive damages are an additional area of recovery for the injured party. Furthermore, punitive damages are generally non-dischargeable in bankruptcy (meaning that the defendant cannot take bankruptcy and wipe out the judgment against him). Also, Kentucky law recognizes no exclusions from minimum limits (meaning that up to $25,000 of punitive damages must be paid from the defendant’s liability coverage, assuming that the defendant had auto coverage). So, in short, the effect that the defendant’s behavior may have on an injured person’s claim is to increase its value both in court and in settlement, and to protect the entire claim from a potential discharge in bankruptcy by the defendant driver.
Finally, an additional consideration is whether the defendant driver was operating his or her own vehicle. If not, a case for “negligent entrustment” may be made against the owner of the defendant’s vehicle. This is an additional cause of action and may open up additional sources of recovery. If you or someone you know has been involved in an auto collision with a drunk, intoxicated, drugged, texting while driving or using their cell phones and driving, you should immediately contact an attorney so that a thorough and prompt investigation can be conducted and your rights can be protected.
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