Accidents & Personal Injury

Published on: February 18, 2011

Kentucky JCPS School Bus Driver Resigns After Alleged Inappropriate Conduct With Student Passenger

A Kentucky JCPS school bus driver has resigned after he was found in a park with a student who was also a passenger on his bus. Police found the male bus driver and the teenage girl in the park together over the weekend. The school bus driver was immediately suspended by the school system upon learning of the events, and then he subsequently resigned. It is alleged that the school bus drive had ton other occasion taken the girl to movies and out to eat.

This, at a minimum, is clearly a case of inappropriate activity with a person under the age of 18 by an adult in a position of authority. Further facts may point to this being much worse, as sexual activity may have occurred. This author and attorney believes that case like this are predatory in nature and cause much concern over the activity of these types of adults around children.
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Published on: February 18, 2011

Louisville, Kentucky: Two Pedestrians Killed after Hit By Cars

By Ackerson Law Offices

Two Louisville, Kentucky residents were killed while trying to cross the street, after being struck by cars. Initial reports are that both incidents, which occurred separately and at different times of the day, involve the pedestrian not having the right-a-way to cross the roads. Initial reviews of these accidents would appear that fault for the accident is on the pedestrians. However, Kentucky is a comparative fault state and thus, the families of those killed in pedestrian accident should have the circumstances of such accidents fully examined by a lawyer.

Under Kentucky’s comparative, even if as person bears the majority of fault for an accident or death, the other party can still recover the percentage that they were not at fault for in the accident. In theory, under Kentucky comparative fault, even if a person were 99% at fault for an accident or death, they could still recovery 1% of the damages they have suffered from the accident. In cases where a person is killed, these are referred to as wrongful death claims, and the monetary damages can be substantial. In cases where the damages are large, percentage of fault is usually a factor and certainly not a deterrent to seeking some form of justice and compensation for the loss of life.
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Published on: February 16, 2011

One Person Killed In Indianapolis Motor Vehicle Crash

By Ackerson Law Offices

On Friday, SR 37 was shut down on the south side of Indianapolis due to a motor vehicle accident. The accident occurred near the Banta Road intersection during the early morning hours.

It has been reported that the accident was caused by a wrong-way driver. The accident involved a Toyota Corolla going southbound in a northbound lane which then caused a head-on collision with a Honda traveling the proper direction.

The 24 year old driver of the Honda was taken to Wishard Hospital to be treated for injures from the accident. The driver of the Toyota, Trent Schmidt, died at the scene of the accident.

It is yet to be determined if alcohol played a role in this fatal crash. It occurred at 4:00 a.m. and involved a driver going the wrong way down the road. No matter what contributed to the accident, this is clearly a case of fault on the part of the wrong-way driver. The injured 24 year old Honda driver will be able to recover his expenses from this accident, which will include lost wages, medical bill, and compensation for pain & suffering.

In cases like this where one party is so grossly negligent to drive the wrong direction on a road, it is important to look at where the negligent driver was coming from and what had he been doing prior to the accident. Questions arise whether some other party may also bear some fault in this accident, such as a bar that over served alcohol to the negligent driver.
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Published on: February 8, 2011

Kentucky Personal Injury Settlements For Children Require Court Approval

By Ackerson Law Offices

In Kentucky, when personal injury cases involve minor children, under the age of 18, the lawsuits are required to be brought in the name of an adult. Usually these types of claims are brought in the name of a parent of the child, specifying that the case is as guardian and next of friend of the minor child, who is named by initials only. This is standard for claims involving any type of personal injury claim, from auto accidents to dog bites.

Once the claim been settled through negotiations it will require Court approval to final the settlement. If the settlements are over $10,000.00, they will require a conservator be appointed fro the funds and yearly accountings will have to be filed with the courts. If the settlements are under $10,000.00 KRS 387.280 will govern what approval will be needed. Minor child settlements under $10,000.00 require the court to take evidence that the child is under 18 years of age, in the custody of his or her parents, and that the parent agrees to serve as trustee of the funds, using them only for the health, maintenance, and education of the child. Once such evidence is before the Court, a motion can be made to allow the settlement to be finalized.
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Published on: February 7, 2011

Three Car Accident In Danville, Kentucky Sends Two To The Hospital

By Ackerson Law Offices

A three car accident on the South Danville bypass injures two people. The accident happened shortly after noon on Saturday. It is reported that Reuben Harness, age 40, of Danville, Kentucky, was attempting to turn onto the bypass when Jeremy Shryock, age 34, of Midway, Kentucky, who was traveling eastbound on the bypass, failed to stop at a red light at the intersection with Brent Avenue. Shyrock’s vehicle, a Ford Expedition, struck a Chevy Monte Carlo, driven by Catherine Gooch, age 30, of Danville, Kentucky, and then continued on to collide with Harness’ vehicle. No one in Shryock’s vehicle or Gooch’s vehicle were injured. Harness and his passenger were transported to Ephraim McDowell Regional Medical Center with injuries.

This appears to be a clear case of fault on the part of Shryock. Harness and his passenger will likely be able to seek a monetary recovery form Shryock and his insurance company for their medical bills, any lost wages they may have as a result of the accident, and be compensated for their pain & suffering Continue reading →

Published on: February 6, 2011

Louisville Kentucky Man Charged In Accidental Shooting Of Child

By Ackerson Law Offices

A man in Louisville, Kentucky was charged Wednesday with first-degree wanton endangerment related to an incident involving a young girl being shot when his small caliber firearm accidently discharged. These charges stem even though the police have officially ruled the shooting an accident. The young girl, whose identity is protected because she is a minor, was shot in the cheek and ear. She is expected to survive.

Instance like this prove that guns are not to be taken lightly and are not to be toyed with. Gun ownership is a privilege and responsibility which should not be taken lightly. Because of the risks involved when safety and proper handling procedures are ignored, even accidental shootings are to be prosecuted. In this case, we have a young girl who will be traumatized by the shooting. She has incurred medical bills and pain & suffering. She will likely have physical scars on her face for the rest of her life, and may even need counseling related to the incident. Because the severity of consequences of shootings, even accidental shooting, the law comes down hard on negligent gun owners and hold them both criminally and civilly responsible.

In cases where innocent people become the victims of gun shots, even accidental gun discharges, such individuals have a right to not only have the gun owner criminally charged, but also have the right to seek civil recourse for their injuries and damages. This means that they, or in the case of children being shot their parents, can sue the gun owner and/or the person responsible for the guns discharge for the medical bills, lost wages, pain & suffering, and other related damages from being shot.
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Published on: February 5, 2011

Kentucky School Bus Accident Injures Children In Eastern Kentucky

By Ackerson Law Offices

Over 20 Children were injured this week when an accident occurred between a car and the school bus on U.S. 421, near the Rockhouse Community, in Leslie County, Kentucky. The school bus was knocked on its side as a result of the crash. Initial reports specify there were 28 children on the bus, all of whom were taken to the hospital. The school bus was headed east on U.S. 421 when the accident occurred with a vehicle traveling westbound on U.S. 421. While police have not yet specified charges, they have reported that charges are pending against Roger Sizemore, the driver of the vehicle which caused the bus to crash. From the initial reports, the driver of the car is at fault and will be liable for the injuries to the children.

An accident of this magnitude, involving so many children, can rock the foundation of a small community. As information is released, this report will be updated.
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Published on: February 4, 2011

Boyle County, Kentucky Car Crash Injures Four People

By Ackerson Law Offices

Two cars collided in Boyle County, Kentucky. Initial Police reports and investigations have determined that wreck involved a car driven by a 33 year old man from Lexington and another car driven by a 28 year old woman of Boyle County. The woman also had her two minor children in the car with her. All four people were taken from the scene of the accident to Ephraim McDowell Regional Medical Center and then transported to UK Medical Center. The injuries include broken bones, internal injuries, and a possible collapse lung.

It has been reported that the wreck occurred in a curve on Lebanon Road outside Danville, Kentucky and was partially a head-on collision. Initial reports indicate that the 33 year old male from Lexington may have attempted to pass another vehicle and not gotten back fully into his lane when the wreck occurred in the bend in the road. Rainy weather may also be a contributing factor. An accident re-constructionist should be hired to examine the scene immediately to preserve evidence for latter as this case progresses to determine liability and seek recovery of damages.

Drivers need to take extra precautions on wet country roads. As seen in this case, driving too fast and attempting to pass other drivers can cause serious accident. From the photos of the scene, it appears that the is a double solid line at the point of impact, which would mean that if the male driver were passing another vehicle and failed to be fully in his lane, then he is at fault in this accident. However, due to the nature of the turn and the male driver and his insurance company may try to dispute liability or claim some fault on the part of the female driver. This fault comparison is when the matter will become legally complicated. Passenger injuries make it even more so.
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Published on: February 2, 2011

Kentucky Pedestrians Hit By Motor Vehicles While Walking

By Ackerson Law Offices

Too often in Kentucky pedestrians are hit by motor vehicles while walking. These accidents occur at crosswalks, along the sides of roadways, and in parking lots. Many times the pedestrians are hit due to the carelessness of and inattentions of drivers. When a pedestrian is hit, these types of accidents usually result in serious or deadly consequences and injuries. This is due to the speed and blunt force size of a motor vehicle striking a person’s body, often times propelling the pedestrian through the air and into other objects or other vehicles pathways.

When a pedestrian is struck by a motor vehicle, they have multiple possible avenues of financial recovery for lost wages, medical bills, and pain & suffering compensation. First and foremost the pedestrian can make a claim for auto insurance coverage (bodily injury claim) from the driver’s insurance. If the driver does not have enough insurance or does not any insurance, the pedestrian can turn to their own automobile insurance coverage under underinsured motorist coverage or uninsured motorist coverage. Additionally, if the injured pedestrian lives with other persons, who also have automobile insurance coverage, additional compensation may be available under certain circumstances.

Usually, when dealing with pedestrian accidents, apportionment of fault becomes an issue. This occurs when the driver of the vehicle claims that the accident is the fault of the pedestrian due to where the pedestrian was walking or other circumstances within the control of the pedestrian. Kentucky is a comparative fault law state. This means that fault, even if 99% lies with one party, that party can still seek recovery from the other party for their 1% fault. The role of your attorney is to establish what percentage of fault each party bears, and then using such percentages, in relation to the total damages incurred, to seek a recovery based upon the relative percentages.
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Published on: February 1, 2011

Kentucky Roaming Horses & Livestock Cause Serious Auto Accidents

By Ackerson Law Offices

Kentucky Revised Statutes 259.210 provides that livestock are not permitted to “roam at-large” and the owner is liable for any damages that may result. Owners of livestock, horses and cattle, are responsible to take reasonable and prudent measures to assure that these animals do not roam freely and cause accidents or injury to others. That responsibility includes fencing the animals in and taking other precautions so the livestock do not cause problems for others in the surrounding area. When those responsibilities are ignored or neglected tragedies such as this can result, including serious and fatal auto accidents.

The landowner’s insurance companies should be responsible for medical bills and other harms and losses that are incurred when animals roam freely and cause injury. These types of incidents along country roads cause major motor vehicle crashes. Additionally, more aggressive animals that get loose and roam can attack adults or children.
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