How to help a Kentucky accident victim
Being a good Samaritan on roads has both rewards and risks. The reward is that you’re helping someone who needs it. The risk is if you accidentally cause damage to those involved in the accident or end up getting hurt yourself. When you see an accident, you may wonder whether you should keep driving or if you should pull over to help. If you decide to stop and help, please make sure it is safe first. You don’t want to end up getting hurt, too.
One of the first things you should do when trying to help someone is to make sure you have pulled into a safe spot. You should also turn your emergency flashers on. Then, you should call 9-1-1. You should call from a safe place, like from the inside of your car. Once you have called 9-1-1, you should wait for the emergency vehicles to arrive. They may ask you some questions about the accident. This is where you can tell them what you know about the accident. Please keep in mind that injured individuals are vulnerable. It’s best to not move them unless you’re trained or highly-skilled in that area. You should immediately call 9-1-1 for professional help.
When You May Have a Duty to Rescue in Kentucky
If You Created the Hazard
If you caused another individual to be in danger, then according to KY good samaritan law, you have a duty to come to that person’s aid. This is also known as the standard duty of care in Kentucky.
You Are Responsible for the Person in Danger
If you are a teacher, caretaker, parent, or guardian, you have a responsibility to look out for the person who is under your care.
You Started Rescue Efforts
Generally speaking, if you start to give aid to a person in peril, you have a duty to continue to provide aid until it is no longer reasonable to do so.
The flip side is that if you begin a rescue effort you may open yourself up to liability if something goes wrong possibly. For example, if you try removing a car accident victim from their vehicle and you cause their injuries to worsen, you could be liable. This is where Kentucky Good Samaritan laws come into play. Kentucky Good Samaritan laws do not create a duty to act, but they do protect someone who has given aid from being liable if something goes wrong. However, Kentucky Good Samaritan laws do not protect a party from liability when the party has acted willfully, or recklessly and harmed the injured party further.
Protected by Good Samaritan Laws in Kentucky
Kentucky law protects certain certified medical personnel from liability when they provide aid to a stranger. KY Good Samaritan law includes doctors, nurses, EMTs, those certified in CPR, or a school employee certified in first aid. The statute, however, will not protect anyone from liability when services are performed for money, in a hospital, or when the individual rendering aid acts in a way constituting “willful or wanton misconduct.” Also, anyone providing aid using an automated external defibrillator (AED) is protected from liability in the state of Kentucky unless, their actions constitute willful or wanton misconduct.
As a Kentucky Car Accident Attorney, I would like to remind everyone to put their safety first. I know one of our first reactions after we witness an accident is to jump out and help. However, that doesn’t help the victim if we get injured ourselves. Please always contact 9-1-1 and park yourself in a safe spot. That way, you won’t get injured as well.
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