Distracted driving accidents happen fast. One moment of inattention can lead to serious injuries and costly property damage. If you’re involved in a crash caused by a distracted driver, your claim may look very different from a typical accident case.
Understanding distracted driving
Distracted driving includes anything that takes a driver’s focus off the road. This can be texting, eating, using GPS, or even talking to passengers. In Kentucky, it’s illegal to text while driving, and drivers under 18 can’t use any mobile device while behind the wheel. When someone breaks these rules and causes a crash, it can have a big impact on your personal injury claim.
How fault affects your compensation
Kentucky follows a comparative fault rule. That means if the distracted driver was mostly at fault, you may still recover damages even if you were partly responsible. However, your compensation gets reduced by your percentage of fault. If the distracted driver clearly broke the law, like texting at the time of the crash, that strengthens your claim and could lead to a better settlement.
Evidence matters in proving distraction
To prove the other driver was distracted, you may need phone records, witness statements, or traffic camera footage. Sometimes, the police report includes notes about device use or driver behavior. The stronger your evidence, the more likely the insurance company will take your claim seriously and offer fair compensation.
Why insurance companies act fast
Insurance companies often try to downplay distraction to avoid paying full damages. That’s why it helps to gather evidence early. Statements from bystanders, photos of the scene, and even your own recollection can support your case. Kentucky law allows you to seek damages for medical costs, lost wages, and pain caused by the crash.