Hit-and-Run Accidents in Kentucky: What Are Your Legal Options?

Hit-and-run accidents can be especially traumatic for victims. Not only are they often left with injuries and damages, but the responsible driver’s absence can make the path to compensation more challenging. In Kentucky, hit-and-run accidents are unfortunately common, and victims need to understand their legal rights and options. If you’ve been involved in a hit-and-run accident in Kentucky, the attorneys at Saladino & Schaaf, PLLC want to help you protect your rights and seek the compensation you deserve.

Understanding Hit-and-Run Accidents in Kentucky

A hit-and-run occurs when a driver involved in an accident leaves the scene without providing their contact information or rendering aid. This can happen in various circumstances, from minor fender-benders in parking lots to severe collisions on Kentucky’s highways. Under Kentucky law, it is illegal for any driver involved in an accident that causes injury, death, or property damage to flee the scene.

Kentucky treats hit-and-run incidents seriously, with penalties that may include fines, jail time, or license suspension. But for accident victims, the consequences of a hit-and-run extend far beyond the legal penalties for the at-fault driver—they face the challenge of covering medical bills, lost wages, and other expenses, often without knowing the liable party’s insurance information.

Immediate Steps to Take After a Hit-and-Run Accident

If you’re a victim of a hit-and-run accident, taking certain steps afterward may help you build a stronger case.

1. Call 911
   Reporting the accident to the police is essential, as a police report will serve as an official record of the incident. Provide as many details as possible about the fleeing driver, including the vehicle’s make, model, color, license plate number (if possible), and direction of travel. Law enforcement will often investigate hit-and-run cases and may be able to identify the at-fault driver.
2. Gather Evidence at the Scene
   Documenting the scene can be important in the absence of the other driver. Take photographs of your injuries, the damage to your vehicle, and any surrounding factors like skid marks or damaged property. If there were any witnesses, ask for their contact information and statements.
3. Seek Medical Attention
   Even if you feel okay immediately after the accident, some injuries may not present symptoms right away. Seeking medical care not only ensures your well-being but also creates medical records that may be valuable for your claim.
4. Notify Your Insurance Company
   Inform your insurance company about the hit-and-run as soon as possible. Kentucky requires personal injury protection (PIP) coverage for drivers, which can help cover some medical expenses and lost wages in the event of an accident, regardless of fault. Additionally, if you have uninsured motorist (UM) coverage, you may be eligible for compensation for hit-and-run-related injuries and damages.

Legal Options for Kentucky Hit-and-Run Victims

While every case is unique, here are some avenues through which you might be able to seek compensation after a hit-and-run in Kentucky.

1. Uninsured Motorist (UM) Coverage
   Kentucky drivers are not required to carry uninsured motorist coverage, but it is highly recommended. UM coverage is designed to provide compensation when the at-fault driver is either uninsured or cannot be identified, as in a hit-and-run. If you carry UM coverage, you may be eligible to receive compensation for medical expenses, lost wages, and other damages up to the limits of your policy.
2. Personal Injury Protection (PIP)
   Kentucky operates under a “choice no-fault” system, meaning that most drivers carry PIP coverage, which can help cover medical bills, lost wages, and other out-of-pocket expenses. PIP typically pays out regardless of who was at fault in the accident. Although PIP has limits, it can help provide financial relief for hit-and-run victims dealing with unexpected expenses.
3. Filing a Lawsuit if the Driver is Found
   If law enforcement successfully locates the driver responsible for the hit-and-run, you may be able to file a personal injury lawsuit against them. This may allow you to pursue damages beyond the limitations of UM and PIP coverage, such as pain and suffering.

Challenges in Hit-and-Run Cases

Hit-and-run cases can be complicated due to several factors:

• Lack of Information on the Other Driver
  With the at-fault driver unknown, proving liability can be difficult. The burden of proof shifts more heavily to the victim to demonstrate that the accident occurred and caused their injuries.
• Insurance Claim Denials
  Even with uninsured motorist coverage, some insurance companies may try to deny or undervalue hit-and-run claims, arguing that insufficient evidence exists to confirm that the injuries or damages resulted from a hit-and-run.
• Limited Compensation Options
  PIP and UM coverage may provide some financial relief, but they often fall short of covering the full extent of losses from serious accidents, such as ongoing medical care, long-term rehabilitation, or non-economic damages like pain and suffering.

Maximizing Your Compensation as a Hit-and-Run Victim

1. Consult a Personal Injury Attorney
   An experienced Kentucky personal injury attorney, like those at Saladino & Schaaf, PLLC, can provide valuable assistance in navigating the legal and insurance process after a hit-and-run. They can negotiate with insurance companies on your behalf to help you receive fair compensation.
2. Gather Comprehensive Evidence
   Evidence is important in any hit-and-run case. Collect medical records, eyewitness accounts, surveillance footage, and any documentation that may help prove the accident and its impact on your life. Your attorney may also work with accident reconstruction experts to help build a stronger case if necessary.
3. Avoid Settling Too Soon
   Insurance companies may push for quick settlements, especially if your UM coverage is involved. Before accepting any offer, you should consult with an attorney to ensure the amount offered fully addresses both your immediate and long-term needs.
4. Stay in Touch with Law Enforcement
   Kentucky police departments often continue to investigate hit-and-run cases even after initial reports are filed. Staying in touch with law enforcement may provide updates if new information about the at-fault driver becomes available.

Don’t Navigate a Hit-and-Run Accident Alone

Hit-and-run accidents in Kentucky present unique challenges for victims seeking justice and compensation. Understanding your rights and options, including your insurance coverage and legal avenues, is important to maximizing your recovery. Working with an experienced Kentucky personal injury attorney can make a difference in your case’s outcome by helping you gain access to the resources you need to make a full recovery.

If you or a loved one has been injured in a hit-and-run accident in Kentucky, don’t hesitate to reach out. Saladino & Schaaf, PLLC will help you understand your rights and explore your options. We’re committed to getting you the compensation you deserve. Call us at (270) 444-0406 or (270) 753-1529 for a free consultation.  Our offices are conveniently located in Paducah and Murray.