What This Page Covers

• How drunk driving accidents can cause serious injuries, emotional trauma, medical expenses, lost income, property damage, and wrongful death.
• The difference between compensatory damages, which address an injured person’s losses, and punitive damages, which may punish particularly wrongful conduct.
• Why victims may pursue a civil claim even when the intoxicated driver also faces criminal charges.
• How an attorney can investigate the collision, gather evidence, locate witnesses, prepare paperwork, and communicate with insurance companies.
• A tragic Owensboro-area head-on collision illustrating the potentially devastating consequences of impaired driving.

Why This Matters

• A drunk driving crash can affect your health, ability to work, financial stability, independence, and family life.
• Insurance coverage may not automatically account for every economic and non-economic loss caused by the collision.
• Medical records, police reports, photographs, witness statements, and proof of lost income can become important evidence.
• Criminal prosecution and a civil injury claim are separate legal matters; criminal charges do not replace the victim’s right to seek compensation.
• Guidance from an experienced Kentucky injury attorney can help you understand your options and avoid handling the insurance process alone.

Key Actions You Can Take

• Check everyone for injuries, call emergency services, and seek prompt medical attention, even when an injury is not immediately apparent.
• Contact law enforcement, provide factual information, and remain at the scene until officers allow you to leave.
• If you can do so safely, photograph the vehicles, scene, property damage, and visible injuries, and collect witness contact information.
• Notify your insurer and preserve medical bills, treatment records, repair estimates, wage-loss documentation, and other evidence of your losses.
• Contact Rhoads & Rhoads for a free case evaluation to discuss what happened and learn about your legal options.

Drunk driving accidents can be life-altering. They often cause vehicle damage, medical bills, and significant trauma and stress.If you were involved in a car accident caused by an intoxicated driver, hiring a lawyer may help you receive fair compensation.

For legal assistance, contact Rhoads & Rhoads Law Firm, your trusted Kentucky lawyers, at 888-709-9329.

Hiring a Lawyer for Drunk Driving Accidents in Kentucky

Hiring a lawyer is an important first step toward receiving fair compensation for the accident and the damages done to you. While insurance claims may compensate you for damage to your car, as well as medical bills, civil suits are more likely to compensate you for both economic and non-economic damages. This may include aspects such as lost wages from missed work to pain and suffering resulting from the car crash.

If you lost a loved one in the crash, you might be eligible for companionship loss compensation. Even if the drunk driver faces criminal or vehicular homicide charges, you may still pursue compensation through a civil case.

The two primary types of payment are considered punitive or compensatory. Compensation covers loss of wages, medical bills, pain and suffering, and other losses that you have suffered. Punitive is compensation that is also considered a punishment for the offending DUI crash driver.

In addition to helping you identify what you may be eligible to be compensated for as well as whether you have a compensatory or punitive case, a car accident attorney can also help you in a variety of other ways. They can mediate between you and the insurance company, help you file necessary paperwork, track down witnesses and evidence for civil or criminal charges, and support you throughout the process.

What to Do If You Have Been Hit by a Drunk Driver

If you have been hit by a drunk driver, there are a few things you should do following the accident. First, and immediately, you should assess yourself and anyone else involved for any injuries.

If anyone has been severely injured, they should seek immediate medical care. Be polite and stay out of the way, allowing first responders to render aid to injured parties.

Remember that even if you do not seem like you have been injured, it is always safest to consult a medical professional as some injuries may be internal.

Next, you should see that the police have been called. Filing a police report is an essential part of a proper investigation and ultimately pursuing a case against the other driver, as reports will be used as evidence of what occurred. Be as factual as possible when talking to any on-scene police officers but avoid taking blame upon yourself as any statements you make may be included in the report. Additionally, avoid leaving the scene of the accident until police officers have cleared you to do so.

After contacting emergency services, you should gather evidence if you are able. This includes things like taking photographs of the accident, photographs of any damage to your vehicle or property from the crash, photographs of any injuries, and gathering contact information from any witnesses.

Leaving the scene is a crime, but some drivers under the influence may do so in hopes of avoiding punishment. If this happens, try to remember any identifying information about the car and driver.

Contact your insurance provider. While most insurance claims will be paid through the offending driver’s insurance, you may wish to also notify your insurance provider (for example, if the other driver does not have current insurance).

Reach out to a car accident attorney. Provide your attorney with as much information as possible. This should include any evidence you gathered, names of witnesses, and copies of any insurance claims you have put in. It should also include proof of any damages you suffered. This will include evidence of damage such as a mechanic’s estimate for motor vehicle damages, medical bills and your doctor’s notes (x-rays, lab reports, etc., may be included here), evidence of missed work, and more. If you are experiencing PTSD following the accident, you may wish to also provide a statement from a therapist or other mental health counselor to support your claim.

Recent Head-On Collision Case: A Tragic Example

A recent head-on collision case in Owensboro, Kentucky serves as a stark reminder of the devastating consequences of drunk driving and reckless behavior on the road. On May 10, 2023, Maddox Hall, a 20-year-old Daviess County man, was involved in a fatal crash on New Hartford Road that killed Morgan Culyer-Foster and severely injured two others.

Initially arrested by the Owensboro police department on charges including DUI, vehicular homicide, and wanton endangerment, Hall’s case was later presented to the Daviess County grand jury. As a result, he was indicted on four counts of amended charges, including murder, two counts of first-degree assault, three counts of wanton endangerment, leaving the scene of an accident/failure to render aid with death or serious physical injury, and operating a motor vehicle under the influence.

This tragic death underscores the importance of responsible driving and highlights the severe legal consequences of driving under the influence. It also highlights the critical role that experienced attorneys play in navigating the complex legal processes that follow such devastating accidents, especially when charges are amended, or new charges are brought forward after a person is killed.

Rhoads & Rhoads | Drunk Driving Accident Lawyers in Owensboro, Kentucky

If you or a loved one has been in an accident caused by a drunk driver, an experienced accident attorney can help. Rhoads & Rhoads’ team of attorneys understand the complexity of Kentucky accident laws and can support you throughout the process of seeking compensation.

With offices in Owensboro, KY, we are happy to help those in Owensboro and the wider Kentucky area. Injuries from an accident aren’t your fault and you should be fairly compensated for the damages you or your loved ones have suffered.

Reach out to our team at Rhoads & Rhoads today by calling 888-709-9329 for a free case review. 

Common Kentucky Drunk Driving Accident Questions & Answers

Can a Kentucky bar or restaurant be liable for a drunk driving accident?

Possibly, but these claims depend heavily on the evidence. Under Kentucky law, a business that sells or serves alcohol may face liability when a reasonable person in similar circumstances should have known that the customer was already intoxicated. The intoxicated driver generally remains primarily responsible.

Our attorneys can investigate receipts, surveillance footage, witness accounts, and other evidence to determine whether an alcohol provider may share responsibility. 

Can a passenger injured while riding with an intoxicated driver file a claim?

An injured passenger may have a claim against the impaired driver, even if the passenger was riding in that driver’s vehicle. Available coverage and compensation will depend on the circumstances, the applicable insurance policies, and whether anyone argues that the passenger shares responsibility.

We can examine how the crash occurred, identify available coverage, and respond to efforts to unfairly shift blame to the passenger.

What happens if the drunk driver does not have enough insurance?

Your own automobile policy may provide uninsured or underinsured motorist coverage when the responsible driver has no insurance or insufficient coverage. Other potentially responsible parties or policies may also need to be investigated.

Do not assume there is no way to recover simply because the intoxicated driver has limited insurance. Our attorneys can review every applicable policy and possible source of recovery.

Does a DUI arrest or conviction automatically prove my injury claim?

No. A DUI prosecution and a personal injury claim are separate proceedings. Evidence from the criminal investigation, including test results, police observations, witness statements, and a conviction, may support your civil claim, but you must still establish liability, causation, and your damages.

Our team can obtain and evaluate available evidence instead of relying solely on the outcome of the criminal case.

Can I recover compensation if I was partly responsible for the collision?

Potentially. Kentucky uses comparative fault, which allows responsibility to be divided among the people or entities involved. If part of the fault is assigned to you, your recovery may be reduced according to your percentage of responsibility.

An insurer may try to place more blame on you than the evidence supports. We investigate the crash and work to present an accurate account of how it happened. 

What evidence can show that the other driver was intoxicated?

Useful evidence may include:

• Breath, blood, or field-sobriety test results
• Body-camera and dashboard-camera recordings
• Police reports and officer observations
• Bar, restaurant, or store receipts
• Surveillance or traffic-camera footage
• Statements from passengers, witnesses, and alcohol servers
• Cellphone records and social media posts when legally obtainable

Some evidence can be erased or overwritten quickly. Contacting an attorney early gives the legal team an opportunity to send preservation notices and begin investigating.

Can the drunk driver’s employer be responsible for the accident?

An employer may share responsibility when an intoxicated driver caused a collision while acting within the scope of employment. Examples could include making a delivery, traveling between assigned work locations, or performing another job-related duty.

Employer-liability cases are fact-specific. We can investigate the driver’s work status, vehicle ownership, insurance coverage, and activities immediately before the crash.

How does Kentucky’s no-fault insurance affect a drunk driving injury claim?

Kentucky’s no-fault system generally allows an injured person to seek basic reparation benefits, often called personal injury protection or PIP, for certain initial medical expenses, lost income, and related losses, regardless of who caused the crash. Depending on the injuries and policy choices involved, the victim may also pursue a liability claim against the intoxicated driver.

Our attorneys can explain how PIP and liability coverage apply to your circumstances and help coordinate the different claims. 

Who files a wrongful death claim after a fatal drunk driving accident in Kentucky?

Kentucky law generally requires the deceased person’s personal representative to bring the wrongful death action. The representative acts on behalf of the estate and qualifying family members, and Kentucky law determines how a recovery is distributed.

These cases may involve funeral expenses, lost financial support, loss of companionship, and other legally recognized losses. Our attorneys can guide your family through the estate and wrongful death process with care. 

Should I accept an early settlement offer from the drunk driver’s insurer?

You should understand the full effect of an offer before accepting it. An early settlement may not account for future treatment, time away from work, reduced earning ability, permanent limitations, or other long-term consequences. Once a claim is released, you generally cannot return later and request additional compensation.

Before signing a release, let our Kentucky injury attorneys review the offer and explain your options. Rhoads & Rhoads offers free case evaluations, and there are no upfront attorney fees under the firm’s contingency-fee arrangement.