Bench & Bar July/August 2025

O IF I GET ACCIDENT? “W hat should I do if I get in a car accident?” Non-law yers often assume every BY MADISON GATTIS AND HALEY DWYER

are often helpful starting points for insur ance claims and disputes. The police report will contain important information about the events surrounding the accident, the parties involved (including identities and contact information), and insurance infor mation for each vehicle. If a lawsuit is filed, the police report will not be admissible at trial, but the information it contains is an important resource for starting discovery and early case preparation. 1 Any statements made to the investigating officer may also appear in the police report, and the officer can of course testify about those statements and what he or she saw at the scene to offer critical insight into assigning fault for the accident. Memories fade or change over time. People are often shaken or upset following an accident, even if they are not injured. Pho tographs and videos from the accident scene are objective evidence of the vehicles’ loca tions, the damage, and the parties present and may prove invaluable for claims and if a lawsuit is eventually filed. Of note, Kentucky is a one-party consent state for recording conversations, which means that in most scenarios in public places, it is not neces sary to obtain the other party’s permission to make a recording. 2 EXCHANGE INSURANCE INFORMATION. Kentucky requires every operator or owner of a motor vehicle to have min imum liability insurance coverage. 3 TAKE PHOTOS AND VIDEOS IF IT IS SAFE TO DO SO.

lawyer can answer every legal question, no matter the lawyer’s actual practice area. The next time you are asked how to navigate a car accident, here are a few tips you can share from a civil litigator’s perspective even if motor vehicle liability is not your area of legal specialty. CALL THE POLICE. If no one appears to be hurt, call the non-emergency number for the local police; if someone appears to be injured, or if the vehicles cannot be moved easily to a safe location, call 911. Even if there are no inju ries, the police investigation and the resulting police report

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