What you’ll learn from this article:
- A minor car accident can still cause significant injuries and other losses.
- Under Kentucky law, you can pursue compensation for a minor accident.
- Work with a car accident lawyer who has the experience to understand your minor accident case and provide the attention you deserve.
Minor car accidents aren’t always as minor as they seem. You can be seriously injured in a low-impact crash with very little vehicle damage.
A study in the International Journal of Environmental Research and Public Health shows a strong risk of injury in minor motor vehicle accidents. The study’s researchers found an “injury rate of more than 20% in minimal and no damage crashes,” including crashes occurring at low speeds under 10 miles per hour.
After crashes like these, people often wonder whether they can still pursue personal injury compensation. The answer is usually yes if you have evidence to support your claim that you were injured.
What is a Minor Car Accident?
While a minor car accident is widely viewed as one with minimal vehicle damage, the true measure of an accident’s severity isn’t based solely on the state of the vehicle. Vehicles have steel frames and safety features, but human bodies are vulnerable to the forces of auto accidents. The presence of injuries is a better indication of accident severity.
In Kentucky, the Department of Transportation classifies car accidents by injury severity according to the level of injury apparent at the scene.
- Fatal accidents involve at least one death at the scene of the accident.
- Incapacitating accidents have a victim who must be cared for or assisted with leaving the scene.
- Non-incapacitating accidents may have visible signs of injury, but the victim can walk away from the accident.
- Not visible but complaints of pain means someone reports being injured and their injury is not visible.
A minor car accident may involve any of the categories above except the fatal category. You could be involved in a relatively minor crash and become incapacitated because you have a neck or back injury that prevents you from leaving the scene without assistance from medical personnel.
Can You Sue After a Car Accident With Minor Injuries?
A minor injury can be the basis of a car accident claim. You can pursue legal action against the person who is liable for the accident.
Medical bills are expensive regardless of the level of property damage involved. You could be in a minor vehicle accident with minimal auto body damage, yet your medical costs still add up to thousands of dollars you can’t afford.
A personal injury case often hinges on having medical records to show the injuries are directly tied to the accident and not another cause. You’ll need to show evidence of your bodily injury, medical treatment, ongoing pain, and other struggles since the accident. Additional damages, like lost wages and lost earning potential, may also be compensable depending on the situation.
Gather as much evidence as possible to support your injury claim. In addition to your medical paperwork, collect witness contact information, photos and videos from the scene of the accident, and a copy of the police report. Speak to a car accident lawyer as soon as possible and don’t give a statement to an insurance representative until you do so.
Can Someone Sue You for a Minor Car Accident?
Just as you can sue for a minor accident, someone else can also sue you. If they believe you caused or contributed to what happened, they can start a claim to hold you liable and may be able to secure a judgment against you or a payment from your insurance company.
When someone is in a minor fender bender claiming injury, focus on the facts. Assemble your evidence and see what supports your side, like dashcam videos from your vehicle or a police report describing the accident. You may have evidence showing the other person was entirely responsible or just as responsible for what happened as you are.
Kentucky personal injury cases follow a pure comparative fault rule where each person is assigned a percentage of fault. When an injured person shares part of the blame, they can still claim partial damages reduced by their own percentage of responsibility.
Shared blame can result in a 50/50 judgment or something else close to it. As a result, the other person might not be responsible for your damages but you might not be responsible for theirs either. Your personal injury lawyer can facilitate a negotiation where you come to a mutually agreeable car accident settlement to wrap up your case and move forward from the accident.
Contact McCoy & Sparks -Kentucky Personal Injury Lawyers
Turn to the car accident lawyers at McCoy & Sparks after being injured in a minor car accident. With more than a decade of helping Kentucky’s injured people, we have the experience it takes to understand cases like yours.
You deserve fair treatment no matter how minor your accident seems. Let’s discuss your options so you feel empowered to take action and pursue a successful recovery from your accident.
You owe McCoy & Sparks nothing unless we recover auto accident compensation for you. Schedule your FREE consultation today. Call 844-459-9467 or fill out our online form.