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Articles Posted in Accidents & Personal Injury

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6-5-13.JPGThis two vehicle car crash occurred at approximately 1:00 a.m. on Ashgrove Road (Ky. 1980) about five miles north of Nicholasville, Kentucky. Reports indicate that a 2001 Ford Taurus, driven by 19 year old Mackenzie Sayre was traveling eastbound when it lost control and struck a 2010 Nissan, which was traveling westbound. Ms. Sayre died at UK hospital from injuries she sustained in the crash. A passenger in Ms. Sayre’s car, 19 year old Sarah Smith was injured, taken to the hospital, and is still in critical condition. The driver of the Nissan, 20 year old Britney L. Kennedy, was taken to the hospital, treated and released. Accident re-constructionists are still piecing together what happened. Various reports indicate that multiple parties stopped and assisted the injured women.

Here is a news link to one of the news reports. (Link)

Under Kentucky law, persons injured in motor vehicle accidents can seek civil legal compensation for the injuries they have received and the legal damages suffered related that relate to an accident caused by the negligence of another. Such damages that are legally compensable include reimbursement of medical bills, both what has been incurred and any estimated future medical bills tat may be incurred, lost wages due to missed work related to the accident, and pain and suffering damages. In an accident like he one herein reported, Ms. Smith and Ms. Kennedy will have both suffered injuries and incurred medical bills. They both will have Kentucky Personal Injury Claims related to this terrible accident.

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Mr. Jospeh Heiser, age 41, was driving his moped on New Cut Road. It was 2:25 a.m. when a Chevy Impala turned in front of him causing a car crash with his moped. Reports indicate that the Impala was turning into an apartment complex parking lot. Mr. Heiser died approximately 2 hours later at University of Louisville Hospital, during surgery.

Moped accidents are complicated because often riders may not be wearing helmets of have the required safety gear for unlicensed scooters. In this case, it has been reported that Mr. Heiser may not have been wearing a helmet. Motorists however, owe a duty to moped and scooter riders to be cautious drivers when encountering them on the roadway. Moped and scooter riders should be afforded the same rights and privileges as bicyclists, motorcycles, or cars. When a vehicle turns in front of another vehicle’s path causing a collision, that vehicle’s driver is negligent for failing to yield the right-of-way.

Mr. Heiser and other moped riders who have been killed in accidents have legal rights under Kentucky Law and when they are killed in accidents, the families of these victims will have a Kentucky Wrongful Death Claim. Wrongful Death Claims require that an Estate be established via a probate court and an Estate representative be appointed by the court. From there the Estate can seek to be reimbursed for medical bills, funeral expenses, lost earning potential of the person killed, and possibly other compensable claims, depending on the facts surrounding the victim’s life and related family members.

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A tragic Kentucky Semi Accident has occurred in Johnson County, Kentucky. A Chevy pickup truck hauling wood had 3 passengers in the cab of the pickup and two passengers in the bed of the pickup when it turned onto US 23 southbound from KY 201. That vehicle was then struck in the rear by a semi tractor trailer, a coal truck. The driver of the coal truck was not injured. The driver of the pickup and the two passengers in the cab, were injured and taken by EMS to the hospital. A male passenger riding in the bed of the pickup was thrown from the truck and airlifted to the Hospital with severe injuries. 36 year old Maranda Martin, who was also riding in the bed of the pickup, was thrown from the vehicle and died at the scene of the crash.

Those injured in this crash has legal rights and under Kentucky law can seek to be compensated for what has happened to them. (Here is a link to the Ackerson Law Offices’ website explaining Kentucky Personal Injury Claims and damages that victims can claim.)

The family of Maranda Martin will be able to establish a legal Estate for her, which will then grant authority for a representative of that Estate to seek a Kentucky Wrongful Death Claim. (Here is a link to the Ackerson Law Office’s Wrongful Death Claim webpage).

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The accident happened around 10:00 a.m. Eric McCrary, age 33, was working a warning flagger for vehicles along US 25 to notify them to be cautious of tree trimming occurring along the roadway. Mr. McCrary was wearing proper attire and had his flag in hand when he was truck by a vehicle. The driver of the vehicle that struck Mr. McCrary told witnesses that she didn’t see him in the roadway. The river of the vehicle has been reported to have an infant in the rear seat of the vehicle, which may have been a cause of detraction for her. Drivers owe a duty to other drivers and pedestrians on the roadways to be safely in control of their vehicles and mindful of their surroundings, which would include Mr. McCrary.

No one believes that the driver of the vehicle intended to hit Mr. McCrary, but it did happen. As an accident, it will be claimed that there was negligence on the part of the driver to not have seen Mr. McCrary and taken action to avoid hitting him. It is this very negligence that leads to accidents, which Kentucky Personal Injury Legal Claims are designed to address. They type of claims afford legal compensation to victims.

Mr. McCrary will have both a workers compensation claim to help him cover his medical bills and lost wages, and he will have a “Third Party Negligence” claim against the driver of the vehicle that hit him. The “Third Party Negligence” claim will afford Mr. McCrary an opportunity to seek compensation for his pain & suffering, which will not be covered by his workers comp claim.

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View of East Union Road.JPG21 year old Heather Stith, of Nicholas County, Kentucky was killed Tuesday morning when she was hit by a car. Ms. Stith was a pedestrian out for a late evening walk when she was struck by a motor vehicle along East Union Road near Main Street in Carlisle. Heather’s family, via establishing an Estate through the Kentucky Court system, will have a Kentucky Wrongful Death Claim related to this pedestrian accident.

Under Kentucky Law, drivers owe a duty to pedestrians, to be in constant control of their vehicles and be mindful of their driving surrounds (which include pedestrians walking). While all the evidence points to the driver of the vehicle not intending to strike Heather, Kentucky Law affords persons injured or killed, due to the negligent driving of others, to seek civil justice and be compensated legally for injuries or a loss of life. Legally there are arguments by the lawyers to be made of who bears what percentage of fault in an accident like this, which will include factual evidence of everything from speed, to visibility, to driver distractions, and so on. Ultimately it is unlikely that Heather will bear 100% fault, and thus a legal recovery percentage/proportional to allocated fault percentages will be available for her family to seek civil justice for her tragic loss of life.

Kentucky Legal Damages from an accident like this include medical bill reimbursement, pain & suffering, and a calculation of the lifetime of lost earnings the deceased would have earned over her lifetime. In cases like the death of Heather Stith, who was so young and airlifted to UK Hospital from Nicholas County Hospital, the legally available civil justice that can be sought by her family and loved ones will be substantial.

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This Kentucky car crash occurred around 10:00 p.m. Saturday Night at the intersection of Crittenden and Mount Zion Road in Grant County, Kentucky. Police reports indicate that 21 year old Jack Masters was pulling out of a driveway when his vehicle was broadsided by an SUV. Masters died at the scene of the crash. Passenger Kyle McMullen was treated for injuries at the hospital and has now been released. The woman driving the SUV and two young children were also taken to the Hospital for injuries sustained in the crash.

At this time, this accident has multiple claims which include the Kentucky Personal Injury Claims of the adults and children injured in the crash, and a Kentucky Wrongful Death Claim by the family of Mr. Masters. Passengers in vehicles, under Kentucky law aren’t viewed as at-fault parties and can seek civil justice to compensate them for what the have been harmed, including economic loss, such as medical bills, lost wages, and pain & suffering. (here is a link to a explanation of compensatory damages for Kentucky personal injury claims).

The Kentucky Injury/Death Attorney Brent T. Ackerson and the Ackerson Law Offices handle these types of claims for victims and families, and are available to answer any questions about the process and the law related to accidents and deaths.

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Kevin Kaaks, age 42, was killed when a truck collided with the passenger side of his vehicle. Two minor children were also injured in this accident, and taken to the hospital. This Whitley County, Kentucky auto accident happened Sunday afternoon at the intersection of Bee Creek Road and Cumberland Falls Highway. The children in this accident are listed in critical condition.

The family of Kevin Kaaks will be able to make a Kentucky Wrongful Death Claim under Kentucky Civil Law to attempt to seek civil justice for Kevin’s death. Claims like these can be complicated and substantial in size. Death cases in Kentucky allow the family and the Estate of the deceased to seek lost wage for the remainder of the deceased expected lifetime. Pain & suffering damages may also be available depending on the particular circumstances of the accident, and spouses and children under the age of 18 will be allowed to make a loss of consortium/love and affection claims.

The two minor children will have Kentucky Personal Injury claims from this accident, which will include medical bill recovery (both past and future), pain & suffering, and possible future impairment claims.

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Kimberly Youngblood, age 50, of Kevil, and Benjamin Crabtree, age 30, of West Paducah were both injured in a Kentucky auto accident that occurred on Woodville Road. The accident happened as Youngblood was attempting to pass Crabtree’s vehicle, as Crabtree’s vehicle attempted to make a left had turn.

Negligence and fault in this accident are complicated by the facts involved of one vehicle attempting to pass another wile that vehicle is turning. Legally, to determine which injured party will be legally responsible to the other will depend on a thorough examine of what exactly happened. Should Youngblood have known that Crabtree was going to turn? Was the location of the pass one which legally allowed for vehicles to pass each other? Should Crabtree have seen Youngblood?

The at fault party will be legally responsible for medical bills, pain & suffering, and any other damages resulting fro the wreck. The lawyers will likely have to argue and sort out who bears fault and what percentage in this accident.

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The Louisville Kentucky car crash happened around 8:30 a.m. this morning on Interstate 71 in Louisville, Kentucky. A GMC Envoy driven by a woman with two female passengers was traveling southbound on I-71 near the Gene Snyder Freeway when the SUV left the road and crashed for unknown reasons. The driver and one passenger were seriously injured. Another female passenger, believed to have been pregnant, was ejected from the vehicle and died from her injuries. The three women were not from Kentucky.

Persons injured and even killed in single vehicle accidents have legal rights under Kentucky law to be legally compensated for the injuries sustained, and even a death, that is the result of the negligent driving of the driver of the vehicle they are traveling in. The driver and the driver’s insurance company can be forced to pay for medical bills, lost wages resulting from the accident, pain and suffering, and in the case of a death, the deceased’s lost lifetime earning and wages capacity. The passenger injured in this crash will have a Kentucky Personal Injury legal claim and the passenger killed will have a Kentucky Wrongful Death legal claim.

In case’s like the one herein reported, it is important for the families of the injured or killed to have legal representation preserve the evidence from the crash and insure that a thorough accident re-construction is performed.

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Juanita Bailey, age 47, and Lola Bailey, age 21, of Compton, Kentucky, were sitting in their car, which had run out of gas in the far right northbound lane of Ky 15 South. They had the car’s hazard lights on when a vehicle driven by Clyde Simmons, age 71, of Lexington, Kentucky hit the Bailey’s car from behind. Juanita bailey died from the injuries she sustained in this Kentucky Car Crash. Lola Bailey was treated at the hospital for her injuries.

Lola Bailey has a Kentucky personal injury legal claim from this accident, whereby she can seek to be compensated under the law for her injuries, her medical bills, any lost wages she may suffer as a result of the crash, and pain & suffering damages. A legal Estate will have to be established for Juanita Bailey, due to her death, and that Estate will have a Kentucky Wrongful Death claim on behalf of Juanita. That claim can seek the lifetime of lost wages and earning potential that Ms. Bailey would have earned over her lifetime.

The Kentucky Wrongful Death claim damages would be paid out to Juanita’s family, pursuant to KRS 411.130.

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