Car Crash Cases
Electric vehicles are heavy, quick and full of data. Battery fires, driver-assist systems and quiet operation raise questions ordinary crash claims don’t.
Reviewed by Larry Forman, Attorney.
More electric vehicles are on Kentucky roads every year. Most EV crashes are handled like any other crash, but some raise extra issues: battery fires, driver-assist features like Tesla Autopilot, quiet vehicles that pedestrians can’t hear and vehicle data that can show exactly what happened. Forman & Associates is a Louisville based trial firm that handles EV crash claims, including claims against manufacturers when a defect caused or worsened an injury.
Key takeaways
Systems like Tesla Autopilot and Full Self-Driving (Supervised) and other brands’ lane-keeping and adaptive cruise features are driver-assist systems. The driver must stay attentive and ready to take over. In December 2023, Tesla recalled about two million vehicles to add Autopilot safeguards after a federal safety investigation (NHTSA recall 23V-838).
When a driver-assist system is involved, the driver may be at fault, the manufacturer may share responsibility for a defective design or inadequate warnings, or both. See our self-driving car crash lawyer page for more.
Lithium-ion battery fires can be hard to put out and can reignite hours or days after a crash. The NTSB has studied the risks EV battery fires pose to first responders (NTSB report HWY19SR002). Burn and smoke inhalation injuries from a battery fire may support a claim against the manufacturer if a defect caused the fire or made it worse. See our burn injury lawyer page.
Electric vehicles make little noise at low speeds. Federal safety standard FMVSS 141 requires new hybrid and electric vehicles to emit an alert sound at low speeds so pedestrians, including people who are blind or have low vision, can hear them (49 CFR 571.141). If you were hit as a pedestrian or cyclist, see our pedestrian accident page.
EVs are often much heavier than gas cars of similar size because of the battery, and many accelerate very quickly. Weight increases crash forces on the other vehicle. These facts can matter in reconstructing a crash and in understanding the injuries.
Most new vehicles have an event data recorder governed by federal rules (49 CFR Part 563), and many EVs record far more: camera footage, driver-assist status, steering and braking inputs. That data can be lost if the vehicle is repaired, salvaged or updated. A preservation letter should go out quickly. See our black box evidence page for how crash data is used.
If a defect caused the crash or made the injuries worse, the manufacturer may be liable under Kentucky product liability law. Kentucky presumes a product was not defective if the injury happened more than five years after the first sale or more than eight years after manufacture, but that presumption can be overcome with evidence (KRS 411.310). See our crashworthiness page.
Most Kentucky personal injury claims must be filed within one year (KRS 413.140). Most motor vehicle injury claims have two years from the injury or the last PIP payment, whichever is later (KRS 304.39-230). Kentucky uses pure comparative fault: your share of fault reduces your recovery but doesn’t bar it (KRS 411.182).
Not automatically. The driver is still responsible for supervising the system, but the manufacturer may share responsibility if a defect or inadequate warning contributed.
Don’t let it be repaired, salvaged or updated before the data is preserved, and store it away from buildings because battery fires can reignite.
Yes. Kentucky no-fault rules apply the same way regardless of what powers the vehicle.
Call us before the vehicle data is lost. The consultation is free.
Get a free case evaluation or call 502-931-6788.
This page is general information about Kentucky law as of October 2026, not legal advice. Every case is different.
