Articles Posted in Crosswalk Accidents

21 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.

George Tunstall III, age 67, was killed while crossing Bardstown Road in Louisville, Kentucky. Tunstall was a pedestrian and trying to walk across Bardstown Road, just south of Fegenbush Lane when he was struck a vehicle traveling northbound. The accident happened at 6:30 p.m. last Friday. Tunstall was taken from the scene of the accident to University of Louisville Hospital where he died at 8:15 p.m. Tunstall lived in the Highlands. Initial reports state that Tunstall was not crossing the road at a crosswalk.

Even though reports indicate that Tunstall was not crossing at a designated crosswalk, his family and Estate should retain legal counsel to look into what happened at this accident and what factors may have contributed to it. To the common person, it would appear initially that this accident was Mr. Tunstall’s fault. However, Kentucky is a comparative fault state, which means that even if a person were 99% at fault for an accident, they can still recover legal damages for the 1% that was not their fault. The percentages can very up to 100%.

Our firm has represented persons and gotten legal financial recoveries for injuries and deaths related to people crossing roadways outside of crosswalks and/or designated crossing areas. In cases involving pedestrian accidents, it is important to look at why the victim was crossing where he/she was and what was the driver was doing at the time of the accident. Where the victim was coming from and going to is also an important factor. In any accident or death case, it’s important to immediately have legal counsel gather and preserve the evidence related to the case. Cases involving deaths are referred to as Wrongful Death Claims.
Continue reading →

Wilma Richardson, age 62, died Tuesday from injuries she sustained after being struck by a car driven by her sister. Richardson, who lived in Fairdale, Kentucky, had been driven to a medical center by her sister. Richardson was dropped off, and was walking behind her sister’s car, when her sister, who did not know that she was behind the car, backed out and struck Richardson. Richardson died from the injuries.

When an accident like this happens, it creates very complex legal questions, for the family as a whole. The complexities revolve around how to access the most insurance coverage to help Richardson’s family, while recognizing the families grief and the fact that Richardson’s sister’s automobile policy will likely be a source of recovery of insurance monies related to the damages from this accident.

Richard Hammond, age 44, was killed Sunday while walking along Dixie Highway. His death came after he was struck by an automobile around 9:00 p.m. while he was a pedestrian. This pedestrian auto accident occurred on the 12000 block of Dixie Highway. The Police have not charged the driver of the vehicle that struck Richard Hammond with any criminal charges. Until such time as the Police finish their investigation, it is only right, in consideration of both families involved in this tragedy, to presume that this was a tragedy related to negligence rather than intention or grossly reckless conduct.

Even if criminal charges are not filed and there is not grossly reckless conduct found, the family of Richard Hammond and his Estate will have a Kentucky wrongful death claim against the driver of the vehicle that struck him. Mr. Hammond had the legal right to be walking along Dixie Highway, and motorists have a duty to be mindful of pedestrians. At this point it becomes an examination of who did what leading up to the accident, and thus who bears what percentage of fault for this accident.
Continue reading →