Moving violations cause about half the serious accidents in the Bluegrass State. If emergency responders issue citations in these cases, the negligence per se doctrine could apply. Drivers who violate safety laws and cause wrecks are usually responsible for damages as a matter of law.

If responders do not issue citations, and they often do not, the ordinary negligence doctrine is usually available. Ordinary negligence is basically a lack of care. The duty of reasonable care, which applies to most drivers, requires them to drive defensively and obey the rules of the road.

If you were hurt in a wreck that wasn’t your fault, a Lexington personal injury attorney can usually obtain substantial compensation in court. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Driving Under the Influence

Alcohol and/or drug misuse is a factor in almost half of the fatal car accidents in Kentucky. These substances might be legal to consume. However, it’s always illegal to drive under their influence.

Prosecutors may use direct evidence, like a failed chemical test, or circumstantial evidence, like poor performance on field sobriety tests, to establish guilt in criminal court. Direct evidence cases are much stronger than circumstantial evidence cases. However, even if the tortfeasor (negligent driver) “beats” the DUI in criminal court, the negligence per se doctrine normally still applies in these cases.

Failure to Yield the Right-of-Way

These citations often involve illegal left turns. Frequently, a driver tries to turn left against traffic, doesn’t see an approaching motorcycle or other vehicle, and turns directly into that vehicle’s path.

To make themselves more visible and avoid such SMIDSY (Sorry, Mate, I Didn’t See You) wrecks, some motorcycle riders wear bright clothing or weave inside their lanes. But there’s no evidence that these things are effective.

Other motorists fail to yield the right-of-way to pedestrians in a crosswalk. These accidents are common when the tortfeasor turns right. Most drivers focus all their attention on their left in these situations. So, they do not see pedestrians in the crosswalks to their right. Other drivers do not stop for pedestrians in virtual crosswalks (flashing yellow lights direct motorists to stop and yield the right-of-way to pedestrians in a non-intersection crosswalk).

Passing in a No-Passing Zone

A double yellow line on a two-lane undivided highway denotes a no-passing zone. These areas are usually around curves and in front of hills. These roads change from passing to no-passing without any warning. No-passing zones help prevent head-on wrecks. These collisions usually cause catastrophic injuries and extreme property damage.

Wrong-Way Driving

On dark and stormy nights, drivers often mistake off-ramps for on-ramps, and they drive on the wrong side of the road. Inattention also causes many wrong-way wrecks. Drivers simply ignore one-way signs. Whether the violation was excusable or not, police officers could still issue tickets, and the negligence per se rule could still apply.

Railroad Crossing Violations

A shocking number of people are in a hurry and not thinking clearly. So, they try to drive around railroad crossings and beat oncoming trains. Trains are moving faster than you think, so vehicles almost always lose these races, and the results are always tragic.

Incidentally, if you are stuck between the flashing lights as a train approaches, do not panic. Most crossbars are extremely flimsy and easy to drive through.

Following Too Closely

We do not see too many of these citations. But this behavior causes an inordinate number of vehicle collisions. At 60mph, most passenger cars travel about eighteen car lengths in the few moments it takes for a driver to see a hazard, apply the brakes, and safely stop the car.

Reckless Driving

This law is quite vague in Kentucky and other states. Normally, police officers issue these citations if a motorist violates two or more traffic laws simultaneously or in quick succession, like a driver speeding and weaving in and out of traffic without signaling.

Unsafe Lane Changes

Most new cars have blind spot sensors and other such gadgets which reduce the number of unsafe lane changes. However, a driver can easily ignore the alarm and change lanes anyway. Furthermore, older cars have no such features, so drivers must actually watch where they are going.

Ignoring a Traffic Control Device

Rolling through a stop sign or red light is a lot like failing to yield the right-of-way. Since there is usually less force in these collisions, they are normally not as serious as a crash that features a car that blows through a traffic control device.

Speeding

These citations are relatively easy to prove in court and the fines are usually high. Therefore, speeding is the most common traffic ticket in Kentucky.

Speed increases the risk of a collision as well as the force of a collision. Speed multiples stopping distance. As mentioned, at 60mph, stopping distance is usually eighteen car lengths. At 30mph, stopping distance is normally six car lengths. As for the force in a wreck, according to Newton’s Second Law of Motion, speed multiplies the force in a collision between two objects.

Largely for these reasons, excessive speed is a factor in about a third of the fatal accidents in the United States.

Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. You have a limited amount of time to act. #goodelawyers