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If you’ve been injured by a drunk driver, a Louisville car accident lawyer from our firm can help you hold the negligent driver responsible and fight to get you every dollar you deserve.
If you have a drunk driving injury accident claim, contact us today for a free case evaluation. Our Louisville personal injury lawyers can help you understand your rights, and how we can help pursue a personal injury claim on your behalf. After being hurt in a car accident caused by a drunk driver, hire a drunk driving injury law firm that has over 40 years of experience representing injured victims in Louisville and throughout Kentucky.
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Seeking a car accident lawyer to pursue a drunk driving accident claim is a natural response if you or a family member has suffered serious injuries as the result of someone acting negligently and irresponsible behind the wheel. In this guide we will discuss what victims should know about drunk driving accidents in Louisville and how a drunk driving injury attorney can help.
Whether you were the driver, or if you were injured while a passenger in a car wreck, an experienced Louisville personal injury lawyer from our team can help.
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In Kentucky, the legal limit for blood alcohol concentration (BAC) is .08%. When we talk about drunk driving accidents here, we are talking about people who have exceeded this limit and caused damages to another person.
Kentucky law around drunk driving accidents typically falls into two categories. On one hand, there is criminal law, which defines actions that are illegal and what the consequences are (fines, jail time, etc.). A DUI or DWI would also fall under this category.
On the other hand, there is tort law, which in the context of drunk driving deals with the legal principles that govern civil liability for injuries and damages resulting from accidents caused by individuals who were driving under the influence of alcohol or drugs. When you hire a Louisville drunk driving injury attorney, you will be seeking damages under tort law.
In Kentucky, the law operates on a no-fault basis for car accidents, including those involving drunk drivers. You must start by filing a Personal Injury Protection (PIP) claim with your own insurance company for coverage of expenses related to injuries from a drunk driving accident. If your medical expenses go beyond $1,000 or you experience severe injuries like broken bones, permanent impairment, or disfigurement due to the accident, you can then file a claim against the intoxicated driver.
Hiring a Louisville drunk driving accident lawyer from Hughes & Coleman means we handle everything. We provide access to top-tier medical care, negotiate with insurers, and manage the legal work, allowing you to focus on healing.
Most drunk driving accident claims are settled out of court, but if the insurance company won’t provide a fair settlement, our experienced trial and litigation attorneys will go to court on your behalf.
Our Louisville personal injury attorneys have over 40 years of experience fighting for victims of drunk driving. Some of our recent settlements include:
$207,800 settlement for a drunk driving accident victim following a head-on collision
$250,000 settlement for a T-bone collision victim
$500,000 settlement for a hit-and-run victim
Although every case is different, having a knowledgeable personal injury lawyer on your side can help you recover maximum compensation from all responsible parties.
Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.
Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.
If you are injured or incur losses due to a drunk driver, you may file a civil lawsuit against the intoxicated driver to seek compensation for your damages, however, in order to be rewarded damages, negligence must be established.
Drunk driving is typically considered negligent behavior. Negligence, in the context of the law, refers to the failure to exercise the level of care that a reasonable person would exercise in the same or similar circumstances. When someone chooses to operate a vehicle while under the influence of alcohol or drugs, they are acting recklessly and irresponsibly, which can significantly impair their ability to drive safely. This behavior is often viewed as negligent because it poses a foreseeable risk to the driver, passengers, and others on the road. To break this down more simply, there are four components of negligence that a Louisville drunk driving injury lawyer will aim to demonstrate:
All individuals owe a duty of care to others to act reasonably and responsibly to prevent harm. When someone chooses to operate a vehicle, they have a duty to do so safely and without endangering others on the road.
Driving under the influence of alcohol or drugs is generally considered a breach of this duty of care. It is a negligent act because it significantly impairs a person’s ability to drive safely, and it poses a foreseeable risk to others.
To establish liability in a drunk driving case, it must be demonstrated that the intoxicated driver’s actions directly caused the accident and resulting injuries. This typically involves showing that the impairment from alcohol or drugs was a substantial factor in the accident.
The victim (plaintiff) must also prove that they suffered actual damages as a result of the accident. These damages can include medical expenses, property damage, pain and suffering, lost wages, and more.
After negligence has been established, drunk driving accident victims can seek damages from the at fault driver and the insurance company. In personal injury claims, there are typically three types of damages that can be pursued by a drunk driving accident attorney in a personal injury lawsuit. These include:
Economic damages are damages that are tied to a specific dollar amount. These include items such as:
Non-economic damages cannot be calculated using receipts or other documentation. Instead, a Louisville drunk driving accident lawyer will take a variety of items into consideration to determine a fair settlement amount for things such as:
Punitive damages, in the context of drunk driving, are monetary awards imposed by a court on top of compensatory damages (economic and non-economic damages) to punish and deter the defendant, who was driving under the influence, from repeating such reckless behavior.
Andrew graduated from law school in 2017, completed and passed the Kentucky Bar Examination, and then launched his career as a lawyer working at Hughes & Coleman. In his years as an attorney, he has witnessed the underhanded tactics insurance companies use to coerce injured victims into taking a lower settlement than they deserve. Far too often, the initial insurance offer barely accounts for the personal loss that a client currently feels, and it certainly doesn’t project or account for the additional loss they will have to manage for the remainder of their life.
Common injuries that a Louisville drunk driving accident lawyer can address range from minor to severe, and they may affect drivers, passengers, pedestrians, and other parties involved in the collision. Some common drunk driving accident injuries include:
Spouses, children, parents, and in some cases, siblings can retain an experienced wrongful death attorney to pursue claims against drunk drivers to recover damages such as medical and funeral expenses, lost financial support, and other tangible financial losses resulting from the death. Compensation for the emotional pain and suffering experienced by surviving family members due to the loss of their loved one can also be recovered by an experienced Louisville personal injury attorney in a drunk driving accident case.
In Kentucky, when an impaired or drunk driver causes a wreck that results in someone being fatally injured or permanently disabled, the at fault driver can be ordered by a judge to financially support any children the victim has, or has the guardianship of. This law, introduced in 2023, is known as Melanie’s Law.
Dram shop laws are established to hold bars, restaurants, and other businesses responsible for serving alcohol to individuals who are already intoxicated.
Kentucky’s dram shop law (KRS 413.241) is a law that holds alcohol vendors liable for injuries caused by intoxicated patrons. The law states that a vendor can be held liable if they serve alcohol to a person who is already visibly intoxicated.
Kentucky courts have defined “visibly intoxicated” as meaning that the person exhibits obvious signs of intoxication, such as slurred speech, unsteady gait, or difficulty standing or walking.
It is important to note that this law does not apply to social hosts, such as people who serve alcohol at private parties. It also does not apply to minors.
A person goes to a bar in downtown Louisville and orders several drinks. The bartender continues to sell alcohol to the person even though they are clearly intoxicated. The person leaves the bar and gets into a car accident, injuring another person. The victim of the car accident could sue the bar.
If the victim is successful in their lawsuit, they could recover damages for their medical bills, lost wages, pain and suffering, and other losses.
At Hughes & Coleman, Benjamin utilizes his desire for helping others to fight for the results his clients need. He understands that when someone is injured due to the negligence of another, their life can be turned upside down. Day in and day out, he maintains excitement for his future as a personal injury attorney and his ability to serve his community alongside the rest of his Hughes & Coleman family. Being able to see first-hand the passion his father and younger brother have for helping others and getting to work side by side with them is the highlight of Benjamin’s career.
If you’ve been injured in a wreck involving a drunk driver there are some important steps you should take.
If you’ve been injured by a drunk driver in Louisville, contact Hughes & Coleman today. We offer a 100% free consultation, and once you hire us, we work on a contingency fee basis, which means that you never pay out of pocket for our services.
Call now at 800-800-4600
Top notch firm. Christina Martin and Mariana Goff have been awesome. Always super nice and both explain every question in detail, so believe me when I say if you’re in a wreck, please don’t try to go it alone.
I cannot recommend Hughes & Coleman and their team highly enough. After my auto accident, I was overwhelmed, in pain, and unsure of what to do next. From the very first consultation, they were compassionate, professional, and incredibly knowledgeable.
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