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Articles Posted in Wrongful Death

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A 12 year old Lexington, Kentucky girl was hit by a vehicle Wednesday when a car turned onto Auburn Drive. The driver of the vehicle’s vision was impaired by the sun as she turned onto Auburn. Due to the glare of the sun, the driver failed to see the child and hit her. This tragedy happened around 4:20 p.m. The child was rushed to the hospital where she died around 5:00 p.m. from blunt force injuries from this accident.

This a tragedy, which should serve as example to all drivers that the slightest interruption in their attention to the roadway, even something as unintended as the glare of the sun, should not be taken lightly and should be prepared for. When drivers lose even partial visibility of the roadway they are not in control of their vehicles. In such instances, the worst case scenarios can happen. In this instance the worst case did occur, and a child lost her life.

Our thoughts and prayers are with the Griffiths family in their time of loss.

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On Saturday, November 9, 2013 a Bath County, Kentucky motor vehicle accident on I-64 ended in two fatalities. This crash happened around the 119 mile marker when a vehicle driven by a 23 year old woman, traveling eastbound, dipped off of the side of the road and then overcorrected into the median. Once in the median, the vehicle began to flip and collided with a pick-up truck driven by James Weaver, which was northbound. Both the young woman and Mr. Weaver were killed in the crash.

Cases like this stress the importance of constantly maintaining control of a vehicle. Even diverting attention from driving momentarily can allow for a vehicle to drift off of the roadway, and often when drivers try to correct their pathway, they overcorrect due to the panic of the situation. This can cause a loss of control of the vehicle. It’s tragic for the driver, and tragic for other victims who were in control of their vehicles but couldn’t avoid the collision with the out of control vehicle.

In a case like this one reported, the family of James Weaver will be able to establish a legal Estate through the Probate Court in order to be authorized to deal with insurance companies on behalf of the late Mr. Weaver. This representative authority will allow the Weaver Estate to make a claim of a Kentucky Wrongful Death Action against the insurance company the at-fault driver who lost control of her vehicle. Kentucky Wrongful Death Claims allow the families who have lost a loved one due to the negligence of others to seek reimbursement for funeral expenses, out of pocket expenses, lost wages that the deceased would have earned over a lifetime, and if a wife or children were survivors, then a claim for the lost love and affection of the deceased.

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A three vehicle crash has occurred on U.S. Hwy 60 at Blue Ridge Road, in Livingston County, Kentucky. The crash scene is located near the Livingston Central High School. At least one fatality is reported. Police Accident re-constructionists are working to determine what happened and what the cause of the crash was.

Reports indicate that the crash happened around 5:54 a.m. when a motorist driving west on U.S. 60 and veered into the eastbound lane of traffic, colliding head-on with utility truck driven by Michael W. Wurth, age 52, of Boaz. A third vehicle, unable to avoid the crash scene, struck the vehicle that drifted into the eastbound lane. The third vehicle was driven by Jerrod Jennings, age 27, of Burna. The fatality is listed as the driver of the vehicle that drifted into the eastbound lane, who reportedly died at the scene of the crash.

The legalities of this tragic accident are that, Mr. Wurth may have both a workers compensation claim related to this crash and a possible 3rd party tortfeasor action. Mr. Jennings may have a personal injury claim.

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This tragic Kentucky auto accident occurred Wednesday evening around 9:30 p.m. near the Bluegrass Army Depot, which is just east of Richmond. The two cars collided on Irvine Road, Ky. 52. Reports indicate that rain may have been a factor in this deadly crash. This is the first deadly car accident this year in Richmond.

Kimberly Holt, age 50, died at the scene of the accident and Jane French, age 49, died at UK Hospital. Both victims were residents of Madison County, Kentucky.

At present, it is unknown who will be legally at fault for this accident, and even then with weather as a possible factor, coupled with Kentucky law recognizing comparative fault, the families of these two women may end up in a legal battle over which estate is entitled to civil legal damages from this fatal accident. Under Kentucky law, comparative fault recognizes that more than one party, including all parties, can bear some fault for an accident. As such, the particular facts of each case are examined and a percentage of fault can be assigned to each party involved in the accident. This percentage then factors into the calculation of legal damages a person, or in cases of a fatality, the deceased’s estate is entitled to recover under the law. (here is a LINK to further explanation of potential legal damages that arise from accidents)

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Liz Thornsberry, age 41, of Ezel, and Tony Ross, age 48, of Clearfield, were killed after they were run over by a hit and run driver in Morgan County, Kentucky. This tragic accident happened Saturday night shortly after 7:00 p.m. The reports indicate that Ms. Thornsberry and Mr. Ross were at Jasper’s Bar, when Mr. Ross left on foot and Ms. Thornsberry followed him in her vehicle. When police arrived at the scene of the crash, they found both Ms. Thornsberry and Mr. Ross were outside of the vehicle and had been hit by a suspected full size GMC truck. Police are still looking for the driver of the truck that struck these two people. Anyone with information and knowledge of a truck that has sustained recent damage should contact the Kentucky State Police with that information.

The families of both Ms. Thornsberry and Mr. Ross have legal claims related to this accident and the unknown driver. These legal rights/claims stem from a civil legal cause of action for Wrongful Death (Click here for more information on Kentucky Wrongful Death Claims). Under such a claim, the family of the deceased can seek civil legal damages and monetary compensation for the deaths of their loved ones. Such compensation includes a claim and calculation for the lost lifetime earning capacity of the deceased. The families can, in addition to seeking civil redress against the driver of the truck that struck their loved ones, seek other claims against possible other insurance contracts/policies related to this accident and/or other motor vehicle coverage/insurance.

Answers to questions about the legal rights of families who have lost a loved one in a Kentucky motor vehicle accident can be directed to Kentucky Wrongful Death attorney Brent T. Ackerson and the Ackerson Law Offices website, www.kyfirm.com.

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Sunday afternoon, a teenager was killed in the parking lot of Maddox Funeral Home in Hopkinsville, Kentucky. The teenager killed was sitting on his skateboard in the parking lot when another teenager driving a car in reverse struck and killed the teenager on the skateboard. The teenager driving the vehicle is reported to have pulled into the funeral home parking lot driving to the end of the lot to speak with a friend at the adjacent playground. Upon completing the conversation, the teen driver put the vehicle in reverse and drove backwards through the parking lot, striking and killing the teenager on the skateboard.

The family of the teenager killed will have a Kentucky Wrongful Death Claim (click here for a link to more information on Kentucky Wrongful Death Claims) against numerous potential parties, including the teenage driver of the vehicle that killed their son and the insurance company insuring the vehicle that was involved in the accident. Additionally, there will be potentially other insurance policies involved in this case, which will afford additional coverage for this tragedy.
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Vernon Johnson, age 39, of Louisville, Kentucky was changing a flat tire in the emergency lane of I-65 when he was hit and killed by a tractor-trailer truck. This tragic Kentucky accident happened around 11:30 p.m. along the northbound lane of I-65 near the Grade Lane exit and airport.

Accidents involving semis and tractor-trailer truck are serious legal matters in that often truck driver’s errors and negligence is importantly evidenced by the truck log books, which under federal law can be destroyed every 6 months. As such, people who are injured or the families of people who are killed in these types of accidents need to obtain an attorney immediately in order to have legal steps taken to preserve the evidence from these types of accidents, including the truck log books. Kentucky trucking accidents are often severe in that the size and weight of the vehicles can cause serious accidents and severe injuries. Trucking companies usually carry large insurance policies due to the possible severity if trucking accidents. People who are injured in trucking accidents have a legal right under Kentucky Law to file claims for compensation for these types of accidents. A link to the Ackerson Law Offices website (www.kyfirm.com) has more information on legal damages that injury victims can claim under Kentucky law.

In cases of a death, due to a trucking accident, even one where the victim was a pedestrian or as in Mr. Johnson’s case, outside his vehicle at the time of the collision, are classified as Kentucky Wrongful Death claims (link to Kentucky Wrongful Death Claims). In cases of a wrongful death claim, the family, through legal representation, can establish an Estate through the Probate Court in the County where the deceased resided, and then proceed with legal action against the responsible parties whose actions caused the death. Wrongful death claims can be substantial in the amount of damages that can be claimed, which include a calculation of the deceased lifetime earning capacity from time of death through the average life expectancy of a person in similar situations. Under Kentucky statute, KRS 411.130, the compensation/claim received by the Estate of the deceased is then disbursed to the family of the person killed.

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Ray Ellis, age 74, was crossing Slate Avenue, Owingsville, Bath County, Kentucky, Sunday, when he was struck by a teenager driver. Mr. Ellis was taken to St. Joseph Hospital in Mt. Sterling with severe head trauma, and then transported to UK Hospital, where he was pronounced dead.

In accidents involving a death, it is important to have a thorough evaluation done of the facts and circumstances which may have caused the accident to determine who was at fault, even if possible mutual fault exists. Assignment of fault percentage under Kentucky Law allows greater opportunity for those injured or killed in accidents to recovery the legal compensatory damages that hey are entitled to. In cases of a death, the legal compensation goes to the surviving relatives under KRS 411.130, and is commonly referred to as a Kentucky Wrongful Death Claim.

Initial factors to consider in cases like this, when assigning fault percentages, are location of the accident and the pedestrian pathway, driver attention to the roadway, visibility, and road conditions. When seeking to assign fault percentages, the legal matters become complex and often require litigation to finally reach percentage conclusions.

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Damon McClain, age 40, of Louisville, Kentucky was killed in a moped crash that occurred at the intersection of Dale Ray and Rangeland Road, in Louisville, Kentucky. The accident occurred shortly before 2 pm when a Toyota Camry turned left from Dale Ray onto Rangeland Road directly into the path of the moped. Mr. McClain’s cause of death has been ruled to be multiple blunt force trauma from the crash.

Moped are not different from bicycles, motorcycles or cars. Drivers owe a duty to moped riders to be watchful of their use of the roadways, and afford them the same right-of-way privileges that would be afforded to any other vehicle. All reports would indicate the driver of the Camry was not paying attention or was in a hurry, and thus failed to afford the right-of-way. Persons killed in motor vehicle crashes, even moped accidents, have legal rights under Kentucky Motor Vehicle Laws. In cases of deaths, the family of the person killed may pursue civil legal action, known as a Kentucky Wrongful Death Claim, whereby the family can establish a legal estate to represent the deceased person and seek legal compensation for the death from he at-fault driver and the insurance company representing the vehicle in the crash. (Link to Legal Damages Information)

Under Kentucky Law, persons killed in motor vehicle crashes are limited in the damages they can seek to recover under Kentucky civil laws, as compared to the damages that a person who is injured but not killed can seek. Motor Vehicle insurance coverage can vary also. More information can be found about Kentucky Wrongful Death Claims at the Ackerson Law Offices website. (www.kyfirm.com).

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Tabitha Perkins, age 25, of Leslie County, Kentucky died at the scene of a 3 car crash on Ky 15 in Breathitt County, Kentucky. This accident was a head-on collision caused by a driver of a Chevy Truck heading southbound on Ky 15. It is reported that the southbound driver, cross the center line of the road, sideswiped one truck before colliding head-on with Ms. Perkin’s Chevrolet sport-utility vehicle. The driver of the at-fault vehicle and two passengers from Ms. Perkin’s vehicle were taken to area hospitals to be treated fro their injuries. The Perkins family and the passengers of Ms. Perkins vehicle have Kentucky legal rights related to this accident. (link to an explanation of the legal rights of innocent persons injured or killed in Kentucky Auto Accidents).

Drivers of vehicles in Kentucky owe a duty under the law to other drivers, passengers, bicyclists, and pedestrians, to operate motor vehicles safely and with controls of the roadway. When a vehicle leaves its lane and enters another lane of traffic, that vehicle has not been operated safely nor under the controls and constraints of the roadway. Thus that driver has been negligent in the operation of that vehicle and injuries that ensue from such are actionable under Kentucky law.

Information on the rights of persons injured or killed in Kentucky motor vehicle accidents can be found at the Ackerson Law Offices website. (www.kyfirm.com). Information about Kentucky Wrongful Death legal claims and Kentucky car crash legal claims can be found on that website.

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