One form of personal injury is when a person becomes injured while getting in or out of a vehicle. The consensus among Kentucky courtrooms is that a no-fault insurance coverage is applied in the following two scenarios:
- A person who is injured from a slip and fall accident while entering or exiting a vehicle; or
- A person who is injured after a collision with another driver while getting in or out of a vehicle.
Even if there is no other person to blame, Kentucky’s no-fault insurance policy requires your own insurance to cover certain expenses. While insurance does cover this use of vehicle injury, it’s important to understand the steps to take after an accident occurs. Kentucky has specific laws when it comes to seeking compensation for car accident injuries and the time frame in which to do so.
This page will help explain what injuries can occur while entering or exiting a vehicle, and how a Kentucky personal injury lawyer with Morrin Law can help you successfully file a personal injury claim in Kentucky.
What Causes Injuries While Exiting or Entering a Vehicle?
Vehicles have been designed to ensure safe passage from point A to point B. An open door is the clear sign for a person entering or exiting a vehicle. While drivers and passengers may assume the safety will extend to their entry and exit, there are instances where injury can occur.
The following provides several examples that could lead to injury while a person is entering or existing a vehicle:
- Slipping or tripping: Loose gravel, worn-down floor mats, high heels, or wet and icy weather conditions can cause a person to slip while getting in or out of a car.
- Car seat issues: Car seats for children that are improperly installed or adjusted can result in injury when trying to take them in or out.
- Vehicle design flaw: Low clearance, awkward entry points, and poorly positioned doors are all examples of vehicle design that can cause injury.
Additionally, the following lists scenarios involving another vehicle:
- Parallel parking collision: A person attempting to exit their car after parallel parking is struck by another vehicle traveling too close and not paying attention.
- Drop-off accident: A person getting picked up or dropped off (at an airport or school) is hit by another car operating too close in the next lane or not seeing them exit the vehicle.
- Highway shoulder impact: A person who pulls over on the highway shoulder and exits the vehicle for an issue or repair and is impacted by a distracted driver.
Common Injuries When Injured Getting In or Out of Vehicle
Injuries sustained from getting in or out of a vehicle can affect the following areas:
- Lower back
- Neck
- Knees
- Hips
- Ankles
- Wrists
There are different factors like slippery surfaces, poorly designed vehicle features, or even surfaces that can lead to potential harm. Common injuries that are related to entering or exiting a vehicle can include, but are not limited to:
- Soft tissue injury – Muscle strains, ligament sprains, tendonitis
- Joint injuries – Dislocations, joint pain
- Bone fractures – Fractures in the hip, leg, arm, or wrist from impact
- Nerve damage – Tingling, numbness
- Back injury – Herniated discs, spinal fractures, whiplash
- Head injury – Concussion, traumatic brain injury (TBI)
If you or a loved one was recently injured in any way listed above, consider contacting Morrin Law Office to schedule a free consultation to review the details of your case.
What are Retractable Running Boards?
A retractable running board is a platform attached to a car’s door to assist passengers with getting in and out of a vehicle. Other common terms are truck steps and truck side steps. Running boards are installed on large vehicles and trucks like the GMC Yukon, where the automatic step ledges help with the higher ground clearance. Without running boards, some drivers may struggle to get in and out of the driver’s seat. Running boards also help prevent debris and reduce dirt from hitting the vehicle.
Despite its benefits, there are some downsides to running boards:
- Retractable malfunctions – Extreme climates, like ice, can prevent running boards from deploying or stop them before they finish coming fully out.
- Moving running board – A running board that is still moving can cause injury, especially if a person’s hand is placed between the extended board and vehicle.
- Improper jacking points – Attempting to use the running boards or any of its pieces to lift the vehicle can result in damage and injury.
What to Do If You Experience an Injury
Whether you slipped and fell getting out of your car due to a vehicle malfunction, or another car side-swiped you while attempting to enter a vehicle, it is imperative that you remember the steps to prioritize following a collision.
- Call for Help – If you can do so, call for an ambulance. Seek medical attention for any concerning symptoms or signs of injury. No matter how minor it may seem in the moment, attempting to wait or “walk off” the discomfort could result in making the condition worse. Additionally, collecting and maintaining all medical records throughout treatment is important for building the personal injury claim.
- Document the Scene – Taking images or videos of the crash site can help paint a better picture of what happened. Conditions of the road, property damage, immediate signs of injury, or position of the vehicle(s) after the accident are all beneficial to document.
- Police Statement – A responding officer should arrive at the accident scene to report what caused the collision or injury. Kentucky law states accident reports must be filed within 10 days of any crash resulting in personal injury, death, or $500 of property damage.
- Exchange Information – If it is safe to do so, exchange information with any other person involved in the incident or witnessed the injury occur. This includes full names, phone number, insurance company and police number, and license plate number. Obtaining this information will ensure you can contact them in the future if your claim requires it.
- Report the Incident to Insurance Company – The insurance company will need to be contacted following the incident and how it occurred. Inform your insurer about the accident, resulting injuries, and potential claim.
- Contact a Personal Injury Attorney with Morrin Law – It’s common that people feel skeptical about contacting a personal injury lawyer. However, having a legal representative on your side can immensely help your claim during this challenging time. The Kentucky personal injury attorneys with Morrin Law Office provide free consultations to determine if we can add value to your case.
Filing an Insurance Claim
The state of Kentucky has a no-fault insurance system for car accidents. This means that drivers first turn to their own insurance provider to cover any necessary medical bills or lost wages caused by injury. The amount of compensation is based on their policy limits, regardless of who was at fault.
If you are seeking compensation for injuries sustained in an accident, then you are likely going to file a personal injury claim. The process begins by contacting the insurance company to inform them of the incident. After receiving evidence to support the claim, the insurance adjuster will offer a settlement amount. The claimant can either accept the offer or deny it. If you deny the settlement, the other option would be to sue for damages.
Under Kentucky law, a person cannot sue the at-fault party for damages unless their injuries have exceeded the following thresholds:
- $1,000 in medical expenses;
- A broken bone(s);
- Permanent injury;
- Permanent disfigurement; or
- Death.
Another important law to be aware of is the statute of limitations, or time limit for filing a personal injury claim. Although a one-year statute of limitations applies to most personal injury claims, accidents involving motor vehicles allow for a two-year deadline. It is important to maintain timely filing throughout this process, as falling behind or failing to file within the statute of limitations can jeopardize your chance of recovering fair compensation.
How Morrin Law Office Can Help
While you may attempt to file a personal injury claim on your own, there is value and insight gained by working with a personal injury lawyer in Kentucky who specializes in personal injury cases. When you choose Morrin Law, we will fight to ensure your injuries are awarded fair compensation. Keep in mind that insurance companies are not on your side and will likely offer you a settlement much lower than you deserve. Our attorneys can speak to the insurance adjusters on your behalf to ensure you are getting a fair offer. If your case requires you to go to trial, we can represent you in the courtroom. Our goal is to help you get back on your feet, physically and financially.
Contact Morrin Law Office today. Our attorneys can review your case details when you call us at (859) 358-0300.