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Articles Posted in Car Accidents

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A 19 year old teen has been charged with reckless homicide and Dui which stems from a single car accident that resulted in the death of one passenger and injury to two other passengers. The 19 teen was driving three passengers when her car went off the road and struck some trees. Alcohol was a contributing factor in this car wreck. This sends a strong message to teens that drinking and driving has severe consequences. From a personal injury law perspective, the criminal charges help to bolster the civil personal injury cases of the two injury teens and the wrongful death claim of the deceased teen’s Estate.

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A 23 year old woman who was involved in an auto accident a week ago in Henry County Kentucky has died from those injuries. The woman had been in intensive care at University of Louisville Hospital since the car wreck. The accident happened on Ky. 146 in the morning hours after she lost control of her vehicle in a sharp curve.

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A Bardstown, Kentucky resident has been killed in an accident on the Gene Snyder Freeway. The accident involved a 23 young man, Dennis Tindle, who was driving north in the southbound lane of the expressway. Mr. Tindle’s Ford Focus struck a Dodge Durango head-on and caused another vehicle to rear-end the Durango. Tingle was killed in the accident and the other vehicle’s passengers and drivers were taken to the hospital with severe injuries. Questions remain as to why this young man was driving down the expressway in the wrong lane. Police are still investigating the accident.

Legal questions immediately arise as to whether alcohol was a factor, and where was the driver coming from and going to. In cases like this, it is important to look at where the driver had been, who he had been with, and what were they doing just prior to the accident. Such collateral evidence can help to establish why this tragedy occurred. This may be a case where other parties bear some fault for what happened in this tragic accident. Right now, we know that this accident has taken the life of a young man, and caused others to incur medical bills, lost wages, and suffering. Legally, it must be determined what exactly happened, so those involved can seek justice for what has happened.
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A fatal accident has occurred in Southern Indiana involving a semi tractor trailer and a Chevy cavalier. Police reports state that prior to the accidents they had received calls about the Chevy Cavalier, which was traveling south bound on I-65, traveling at a high rate of speed and swerving on the road. Shortly thereafter, the Chevy Cavalier crossed the expressway median and struck a semi head-on. The Chevy’s speed is estimated at 90 miles per hour. Police state that the impact was so violent that the Cavalier was torn in two and blocked both north and south bound lanes for 5 hours. Police are stating that Alcohol is a suspected factor.

In Kentucky, drunk driving accidents happen too frequently. Drivers who drive after consuming alcohol risk lives and should be held accountable for the accidents they cause. Not only are drunk drivers criminally prosecuted, but when they cause injury to others, they become civilly liable also to the injured people and the families of the injured. Civil lawsuits against drunk drivers can recovery medical bills, lost wages, pain & suffering, and in the event that they kill someone, the deceased family can bring a wrongful death lawsuit also.
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A crossover accident has occurred on Ky. 52 near the Madison and Estill County boarder. Reports specify that a 1999 Ford Taurus, driven by Roy T. Burgess of Irvine, Kentucky, crossed over the center line in the road and struck an on-coming 1998 Volkswagen, driven by Steven Skaggs of Jeffersonville, Kentucky. The crash killed Burgess, who was 63 years old. Skaggs and his passenger, Jillian Willoughby, suffered injuries and were taken to the hospital.

Additionally injured, after the accident, was a Kentucky State Police Officer who was taking pictures of the scene of the crash. He was struck by another emergency vehicle and was taken to the hospital also.

This is a case where Skaggs and Willoughby will have injury claims against the Estate of Burgess and his insurance company for the injuries Burgess caused after crossing into the lane of on-coming traffic. They will be able to make claims for lost wages, medical bills, and pain & suffering, related to the car crash. Additionally, the Police officer, who was subsequently injured will have injury claims against the driver of the vehicle that hit him.
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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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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 →

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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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1308588_motorway_at_twilight.jpgThe Victim, age 56, of Louisville, Kentucky died Monday night due to injuries he sustained after his car broke down on the expressway, and he was attempting to flag down help. The Victim was stuck by another vehicle on the ramp from Phillips Lane and Louisville Airport. While no charges have been pressed against the other driver, fault in this case is still undetermined. The Victim leaves behind a wife and children. Vandeveer’s family has suffered a huge lose, for which the Kentucky Courts will allow an avenue for recovery.

The Victim’s family will need to setup an Estate through Probate, which will empower them to handle wrapping up his affairs and transferring his assets to his wife and children. Additionally, the Estate will be in a position to seek recovery of medical bills, funeral bills, loss of consortium claims, and a claim for a lifetime of lost wages/earning potential from both the other driver & the other driver’s insurance company and from the Victim’s own insurance company. This type of action is known as a wrongful death claim. While the legal system cannot bring the Victim back or lessen the pain his family is experiencing, it can provide a recovery financially for the family so they can be assisted in moving their lives forward and provide the money that they have lost as a result of this tragedy and the money that the Victim would have earned for the family over his lifetime.

Fault isn’t an issue at this time, and unless a person is 100% at fault, Kentucky law allows for a recovery of damages on a percentage basis. This is known as comparative fault under Kentucky Law. For example, under comparative fault and Kentucky law, a person injured or killed could bear 80% fault for an accident and the other party only bear 20%, and the party injured or killed who bore 80% fault could seek recovery of the 20% from the other party and their insurance company. Under such a theory, if the damages were calculated at $500,000.00 from an accident where a person was injured or killed, the recovery allowed under such an 80/20 split of fault would allow the injured or killed party to recovery $100,000.00.
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1038828_u_s__supreme_court_2.jpgAt 5:00 a.m. in January 2010 in Louisville, Kentucky, police were called to the scene of a parking lot where a man was passed out asleep in his truck. The keys were in the ignition, the truck was running, the man’s foot was on the accelerator, one hand was on the steering wheel, the other hand was on the gear shift, and the man was unconscious. The police officers reported hearing the engine running loudly from more than a block away, due to the truck being in park but having the gas pedal stepped on by the unconscious man. At the scene, the police had to break out the window because the man would not wake up and respond to the officers, and officers were afraid the vehicle would either caught on fire or jump into gear and propel itself through the parking lot.

The man admitted to police that he had been drinking at 4th Street Live and the breathalyzer given at the scene showed the man was nearly 3 times the legal limit of impairment. He was dangerous and could have injured or killed someone in the state he was in and driving a car.

However, in October 2010, the Jefferson District Court Judge ruled that the man should not have been charged with DUI, because he was asleep and did not have physical control of the vehicle.

Judges in Kentucky have relied upon a 1986 Kentucky Court of Appeals Case when dealing with DUIs and facts similar to this case. In that Court ruling, the Appeals Court stated that there are four factors to consider when the intoxicated person is asleep in the vehicle, as to where a DUI has been committed. The factors to consider if the person should be charged with DUI are:
(1) Whether the suspect in the vehicle was awake or asleep;
(2) Whether the engine of the suspects vehicle was running;
(3) The vehicle’s location and all circumstances explaining how the vehicle got there; and (4) The intent of the person behind the wheel.
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