Recent Trends in Kentucky Personal Injury Law

Personal Injury | October 30, 2023

Keeping up with the latest changes and updates to Kentucky’s personal injury laws can make it easier to understand your rights if you get injured in an accident and need to file a claim. At Hendy | Johnson | Vaughn | Emery, we always stay up to date on the newest personal injury trends and laws to better serve our clients. Contact us if you have questions about a potential personal injury case.

Pedestrian Accidents Are On the Rise

Pedestrians are recognized as the road’s most vulnerable users. Despite this, motor vehicle drivers do not exercise proper care or caution when driving near pedestrians in Kentucky. In fact, the rate of pedestrian accidents in Kentucky has been increasing in recent years. According to the Kentucky Transportation Center, 916 collisions involved pedestrians in 2021, up from 896 pedestrian accidents in 2020.

Kentucky Coal Mine Workers Are at Risk

A public health alert published by the University of Illinois in March 2023 found that coal miners have significantly increased odds of mortality from lung cancer, black lung and pneumoconiosis due to inhaling coal mine dust. Yet the Mine Safety and Health Administration has failed to respond to complaints of hazardous exposure to silica dust by miners. Currently, coal mine workers in Kentucky are still at risk.

Workplace Accident Rates Are Trending Downward

While many workers in Kentucky remain at risk of suffering serious injuries and illnesses on the job, the overall rate of incidents that result in worker injuries has been trending downward since 1997. In 2020, the incident rate per 100 full-time workers in Kentucky was 3.3 – down from a rate of 9 in 1997. Efforts to reduce worker injuries and deaths have been made by government authorities such as the Occupational Safety and Health Administration.

Insurance Companies Are Finding New Ways to Avoid Liability

 Insurance companies attempting to avoid liability for claims is nothing new; the insurance industry has been based on a for-profit structure since the beginning. However, insurance companies and their claims adjusters are finding creative new ways to avoid payouts. This includes using social media evidence to discredit accident victims. It is more important than ever to hire a Louisville personal injury attorney to represent you when going up against an insurance provider.

Distracted Driving Accidents Remain a Serious Threat

Driver distractions continue to interfere with safe driving habits, increasing the odds of deadly car accidents in Kentucky. In 2021, 3,522 people died in car accidents caused by distracted drivers, according to the National Highway Traffic Safety Administration. This was an increase from 3,142 distracted driving deaths in 2020. The most alarming form of driver distraction remains cell phone use.

Greater Compensation May Be Available to Claimants

Due to the rising costs of medical care, an injured accident victim in Kentucky may be eligible for greater financial compensation than ever before in a personal injury claim. Unfortunately, insurance companies will try to combat this increase with caps on policies and payouts. While Kentucky currently does not have any damage caps on personal injury claims, insurance companies may avoid large payouts by reaching settlements that are within a policy’s limits.

The best way to protect yourself in the constantly changing legal landscape of personal injury law is to hire an experienced attorney in Kentucky to represent you. Contact us today for a free consultation.

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