A tragic Kentucky car crash has killed a woman in Louisville. Martha Diaz, age 40, of the 5000 block of Quail Court in Louisville, Kentucky has died from injuries she sustained in an automobile accident on Sunday. The fatal crash was caused by Francisco Balderez, age 26, after the BMW he was driving went off the road and hit a sign and a utility pole early Sunday morning on the Greenbelt Highway near Lower River Road. At the time of the crash, Balderez’s blood alcohol level was reported to have been .211, which is nearly 3 times the legal limit. Balderez has been charged with one count of murder, one count of first degree criminal mischief, one count of possession of a controlled substance, and DUI. Balderez was taken to UL hospital with non-life-threatening injures.
Further details of the accident are pending.
This is clearly a case where Balderez should not have been driving and is responsible for the death of Diaz. Diaz’s Estate will have a wrongful death claim against Balderez for the role he played in Diaz’s death. Kentucky wrongful death laws will allow Diaz’s Estate to seek damages from Balderez, including his automobile insurance carriers. Additional investigation into where Balderez was coming from may shed light on other persons who may share some fault in this tragic accident. In cases where alcohol was supplied to the drunken driver when it should not have been, due to their already known intoxicated state, either at a party or a bar, those persons or businesses can become liable to the Estate of the decedent for the drunken condition which caused the accident.
For more information on the rights of families who have lost a loved one due to the actions of others, known in Kentucky as wrongful death claims, contact the Ackerson Law Offices for a free consultation at (502) 882-5176, or email wrongful death attorney Brent T. Ackerson. by clicking here