Drunk Driver Accident Lawyer in Louisville, Kentucky

Kentucky makes it a crime to drive with an alcohol concentration of 0.08 or more, 0.02 or more for drivers under 21, or while under the influence of alcohol or any substance that impairs driving ability (KRS 189A.010). Prosecutors handle that case. You are a witness and a victim in it, not a party.

Your injury claim is a civil case you control. It uses a lower standard of proof than the criminal case, and it can go forward even if the criminal case is delayed, reduced or dismissed. Evidence from the criminal case, such as the police report, blood or breath test results and video, is often useful in the civil claim. We track the criminal case and request those records as they become available.

Kentucky’s no-fault rules still apply when the other driver was impaired. Unless you rejected the no-fault limits in writing, your PIP (personal injury protection) pays up to $10,000 for medical bills, lost wages and certain other losses regardless of fault (KRS 304.39-020). To claim pain and suffering from the at-fault driver, you generally need more than $1,000 in medical expenses or a qualifying injury such as a fracture or permanent injury (KRS 304.39-060).

The impaired driver’s liability insurance is the next source. Kentucky’s minimum is only $25,000 per person (KRS 304.39-110), so serious injuries often exceed it. Your own underinsured motorist coverage can pay the difference, and uninsured motorist coverage applies if the driver had no insurance or fled (KRS 304.20-020). Before you accept the at-fault driver’s policy limits, Kentucky requires written notice to your UIM insurer (KRS 304.39-320). Skipping that step can put the UIM claim at risk.

Most injury claims compensate you for what you lost. Punitive damages are different: they punish especially reckless conduct and deter others. In Kentucky, a jury may award punitive damages when the plaintiff proves, by clear and convincing evidence, that the defendant acted with gross negligence, oppression, fraud or malice (KRS 411.184). The jury considers factors such as how likely serious harm was and the defendant’s awareness of the risk (KRS 411.186).

Choosing to drive while impaired is the kind of conduct punitive damages claims are built on. Test results, the amount consumed, prior impaired-driving history and behavior at the scene all matter. Read more in our guide to punitive damages in Kentucky.

Kentucky law says the person who drinks is primarily liable for the harm they cause (KRS 413.241). But a licensed seller or server can also be liable for injuries off the premises if a reasonable person in the same circumstances should have known the customer was already intoxicated when served (KRS 413.241(2)).

These dram shop claims turn on evidence that disappears quickly: receipts and tab records, point-of-sale data, security video and staff schedules. If the driver came from a bar, restaurant or event, tell us right away. See our Louisville dram shop lawyer page for how these claims work.

Kentucky’s constitution gives crime victims rights in the criminal case, including notice of proceedings and the chance to be heard (Ky. Const. § 26A, known as Marsy’s Law). The victim advocate in the prosecutor’s office can keep you informed. A criminal court may also order restitution, but restitution rarely covers the full harm of a serious injury, and it doesn’t replace your civil claim.

Kentucky’s Crime Victims Compensation Board can help eligible victims of criminally injurious conduct, and some family members, with certain expenses (KRS 49.310). We can help you understand whether to apply and how it fits with insurance.

• Get medical care right away and follow up. Adrenaline hides injuries.
• Tell the responding officer anything you saw: open containers, slurred speech, the smell of alcohol, erratic driving before the crash. Ask for the report number.
• Write down where the other driver said they had been, and the names of any passengers or witnesses.
• Photograph the vehicles and the scene, and keep your damaged property.
• Don’t give a recorded statement to the other driver’s insurer before talking with a lawyer. See insurance adjuster tactics.
• Keep every bill, receipt and missed-work record.

For a step-by-step list, see what to do after a car accident in Louisville.

For most Kentucky motor vehicle injury claims, the lawsuit deadline is two years from the injury or from the last PIP payment, whichever is later (KRS 304.39-230). Claims against a bar, and wrongful death claims, can follow different rules, and some deadlines are as short as one year. Don’t wait for the criminal case to finish. Estimate your dates with our Kentucky statute of limitations calculator, then talk with us to confirm them.