Visitor Question

Car Accident in KY With A Twist…

Submitted By: Carla (Alexandria, KY)

I was involved in an auto accident in December 2011. A woman pulled out onto the highway right in front of me. I slammed the brakes on with all my might but unfortunately I could not stop in time.

My femur was absolutely shattered. I had surgery where a plate and screws were placed to hold the leg together. Six months later I am still unable to work or walk without the help of crutches.

Now here is the kicker, I had had a few beers before the accident. It is of course recorded in the hospital records. How is this going to affect my case? Thank you very much in advance!

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Carla,

It depends on whether or not you were intoxicated at the time of the accident. When after an automobile accident a participant is asked how much he had to drink 90% of the time he will say “a couple of beers”. The problem is in almost all states it only takes a couple of beers to be intoxicated.

In the State of Kentucky the maximum B.A.C. (Blood Alcohol Content) a person may have without being intoxicated is .08%. If and when the insurance company gains access to your medical records for that night they find your B.A.C. was in excess of .08% you may have a problem with “Contributory Negligence” – also called “Comparative Negligence”. If your B.A.C. was beneath .08% you probably don’t have much to worry about.

From the facts you present it appears clear the other driver was 100% at fault. If this is the case and you were not intoxicated (over .08% B.A.C.) your case should proceed smoothly in your favor.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 15, 2012

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One thought on “Car Accident in KY With A Twist…

  1. Could you please elaborate on contributory negligence? Will this prevent me from reaching a settlement with the insurance company? Surely it does not erase all responsibility on their part, does it? Thanks again!

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