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Articles Posted in Wrongful Death

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A single vehicle Kentucky car accident on Ky. 1680 has killed a 13 year old passenger. Matthew Merideth, age 13, of Russell County, Kentucky was a passenger in a 2001 Ford. The 18 year old driver of the Ford lost control of the vehicle in a curve of the roadway due to wet roadway conditions and hit a tree. This is a tragedy for all involved and serves a horrific lesson to driver to slow down when road conditions are wet. Kentucky law requires drivers to operate their vehicles safely, even in hazardous conditions. Drivers under Kentucky law owed a duty to others, including passengers, to operate their vehicles safely. That means under less than perfect weather conditions, slowing down so as to not loose control of the vehicle and cause injury to others. Information about the rights of persons injured or killed in Kentucky motor vehicle accidents can be found at the following links: (Kentucky Wrongful Death Rights) and (Kentucky Personal Injury & Accidents)

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A multiple vehicle accident occurred Monday on I64 in Shelby County, Kentucky, killing to persons who had witnessed the original crash, gotten out of their vehicles to assist, and then were struck by a semi that was trying to avoid the initial collision. The two good Samaritans were identified as Charles Burtt, of Virginia, and Jamaal Wood, of Louisville, Kentucky.

Reports indicate that a semi tractor trailer had pulled over at mile marker 37.5. Another semi tractor trailer then struck that truck, swerved towards the median and struck a car. Mr. Burtt and Mr. Woods witnessed this crash and then proceeded to exit their vehicles to help lend assistance to those involved in this initial crash. At that time, a third semi tractor trailer attempted to avoid the wreck and struck Mr. Burtt and Mr. Wood, killing them.

This tragedy stems from driver inattentiveness and the willingness of two brave men who attempted to help others. The Woods Family and the Burtt Family both have suffered a great loss for which they can be made whole from. Kentucky law will afford them legal rights that will attempt to help ease their financial burdens, via Kentucky Wrongful Death Claims, from this accident, but such legal damages cannot replace their loved ones.
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Donald R. Pickett, age 71, of Flatrock, Indiana, drove his 2006 Volkswagen the wrong direction on I-71 Saturday evening and caused a multiple car accident that has injured two people and killed himself and one other. The crash happened at approximately 9:20 p.m. near Crestwood, Kentucky in Oldham County. Reports indicate that alcohol may have been a factor leading to this fatal accident.

Pickett, who was driving northbound in the southbound lane of traffic, collided head-on with a 2007 Infiniti driven by Victor Chavez, age 27, of Louisville, Kentucky. George Chavez, age 27, and Julio Chavez, age 29, were both passengers in Victor Chavez’s vehicle. All three passengers in the Infiniti were taken to UL Hospital to be treated for their injuries. George Chavez died at UL Hospital due to the injuries he had sustained in the crash. Puckett was also killed in the crash after he was ejected from his vehicle which then struck a third vehicle.

While it is not fully known at this time why Pickett was driving in the wrong lane of traffic, if alcohol was a factor this tragedy is even worse. The innocent victims of this crash, the Chavez’s and their families should pursue every avenue possible to have all the causes of this crash investigated, and if alcohol truly was a factor, they should utilize not only the criminal justice system, but also the Kentucky civil justice system to seek justice.
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This Kentucky auto accident occurred Tuesday on Ky 90 in Wayne County, Kentucky. Reports indicate that 25 year old Eric Branscum was driving a 2002 Kia Spectrum when his vehicle hit the rear of a 2003 Camry driven by Jessica Whitaker, age 28. Both vehicles were traveling eastbound. The collision between Branscum’s car and Whitaker’s car sent the Camry into the westbound lane of traffic where it collided with a 1992 Dodge caravan driven by Veila Stephenson, age 75.

Branscum was not injured in the crash. Whitaker and Stephenson were seriously injured and flown to UK Hospital where they are being treated. A passenger in Stephenson’s Caravan, Gladys Parmley, age 69, of Monticello, had been taken from the scene of the accident to UK Hospital. Tragically she died from her injuries that evening. The passenger in the Camry, Louanna Ellis, age 57, was pronounced dead at the scene of the accident.
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Loretta Wallace, age 22, of Georgetown, Kentucky was killed Thursday morning while walking along West Main Street in Georgetown, Kentucky. This tragic Kentucky pedestrian accident occurred around 4:20 a.m. along a poorly lit portion of the roadway where there are no sidewalks. Ms. Wallace was walking the same direction as the motor vehicle that struck her was traveling.

Driver in Kentucky share the roadway with pedestrians and owe a duty under Kentucky law to be mindful of pedestrians, even in areas of the roadway where there are not sidewalks or lighting is poor. As such, the families of people killed while walking along roadways have legal rights under Kentucky Law to pursue Kentucky Wrongful Death Claims when their loved ones are killed in pedestrian accidents involving motor vehicles.

Kentucky Wrongful Death Claims are civil legal actions whereby an Estate representing the deceased is established through the District Probate Court to represent the person killed, and seek civil legal damages, which under Kentucky law amount to monetary compensation for the accident and the results from it. These Kentucky civil legal damages can include medical bills incurred, if any, potential pain and suffering claims, depending upon the time from the accident until the time of death, funeral expenses, and lost earning potential of the decedent. Additional if the person killed was married and/or had children, the spouses and children will have loss of consortium civil legal claims separate from the legal claims of the Estate.
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Ann Duncan, age 33, of Waterford Township, Michigan was struck and killed by a motor vehicle while walking on Gose Pike, in Boyle County, Kentucky. This hit and run accident involving a pedestrian is being investigated by Danville, Kentucky Police. Mrs. Duncan is survived by a husband and two children.

The Duncan family can punish the driver of the car that hit Mrs. Duncan by both having criminal charges pursued, and filing a civil Kentucky Wrongful Death Claim.

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52 year old Christopher Bailey was killed Friday in a Kentucky motorcycle accident. Reports indicate that Mr. Bailey was traveling Norton Street in Paducah, Kentucky when a vehicle driven by an elder gentleman attempted to turn left onto Norton Street from 3rd Street. In doing so, the elderly driver turned into the pathway of Mr. Bailey, who was unable to avoid the collision and struck the corner of the turning vehicle. Both Mr. Bailey and the driver of the turning vehicle were taken to the hospital for their injuries. Mr. Bailey died at the hospital.

Motorists must be mindful of motorcyclists. In this case the driver failed to yield the right-of-way to Mr. Bailey’s motorcycle and negligently turned into the pathway. As such, under Kentucky Law, the family of Mr. Bailey will have a Kentucky Wrongful Death Claim against the other driver. Mr. Bailey’s Estate will be responsible for medical bills from this accident, and his Estate, that being his family, will have claims related to their loss of Christopher Bailey’s life, his lifetime of lost earnings, his pain and suffering from the crash just prior to his death, and funeral expenses.

Families who have lost loved ones in Kentucky motorcycle accidents suffer not only emotional hardships, but also financial hardships due to all sorts of bills and the lost income that the deceased would have been able to provide. As such, Kentucky law recognizes that wrongful death claims are one avenue to try to help a family monetarily with the loss they have suffered. The Ackerson Law Offices (www.kyfirm.com) are experienced in helping victims and families of victims involved in Kentucky Motorcycle accidents.

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This single vehicle auto crash happened when the driver of the vehicle hit a guard rail, then attempted to over correct the vehicle, and ended up flipping the vehicle in the median. It resulted in the driver and one passenger suffering severe injury and being taken to the hospital. Another passenger, Ricky Lugo, died at the scene of the crash from his injuries. This Kentucky motor vehicle accident happened in Gallatin County, Kentucky. The cause of the crash is still under investigation.

Drivers and passengers in vehicles that are involved in Kentucky crashes have legal rights that need to be protected. It’s important to examine what caused the crash so that responsibility can be assigned, and those not at fault can seek legal justice and compensation under the law for their financial and legal damages. Serious accidents run up huge medical bills, lost wages, and can result in permanent injuries. Deaths in accidents are even more emotionally and financially overwhelming. Its important to have objective, knowledgeable, and aggressive help through the legal, medical, and insurance pitfalls that arise under such conditions.

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This terrible auto accident happened Sunday around 4:15 p.m.. Robert Kidd was driving his pickup truck when he was rear ended by another vehicle. This first collision caused Mr. Kidd’s truck to cross into the south bound lane of US 68 and crash into a vehicle driven by the Mathis family. Joseph & Donna Mathis were killed in the crash. Mr. Kidd was flown to UK Hospital for his injuries.

Mr. Kidd and the Mathis family have legal rights related to this multi-vehicle accident. Under the law, they can seek legal civil justice, recovery their financial losses and being compensated for what has happened. In serious accidents like this, it’s important to have good legal representation to protect and preserve evidence related to the crash, deal with insurance and medical providers, and protect the right of people who have been injured or killed.
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On Friday, Vickie Carol Lynch, age 49, of Georgetown, Kentucky, was killed in a car crash that involved a church van running a red light and hitting her vehicle. Ms. Lynch died at the scene of the crash. This terrible accident was caused by a 22 year old driver not paying attention. Witnesses report that he light had been red for a while when the van failed to attempt to stop and ran through the intersection of the Georgetown Bypass and Paris Road. Reports indicate that the evidence demonstrates that the van driver never even applied the brakes as he negligently entered the intersection. The driver of the van has been criminally charged with reckless homicide. The van is owned by Bluegrass Baptist Church.

On Saturday, Phillip Lee Burgess Jr., age 28, was a passenger in a car that ran a red light at the intersection of Lemons Mill Road and struck another vehicle. Mr. Burgess was taken from the scene of the accident to Georgetown Community Hospital, where he died from his injuries. The driver of the vehicle that Mr. Burgess was in has been criminally charged with a DUI and second degree manslaughter.

These are two instances where drivers have failed to be patient and attentive to the road. Driver impairment can come from intoxication or just plan paying attention to other things rather than driving. In one case, such failure to be attentive is clearly related to illegally driving after drinking. The other is unclear as to what took the driver’s attention from the road. The results however have been the same. Two innocent people are dead due to negligent driving of others, and families are left to suffer for the loss of their loved ones. In cases like this, it is important that a message be sent to the rest of the community that this sort of negligence while operating a car can be deadly and will not be tolerated. The criminal aspect of sending that message to the perpetrators and the community has begun in these two cases. There is also a civil justice avenue available to victims who are injured and families of victims killed, due to the negligent driving of others, in that they can seek to recover the civil damages from accident. Kentucky Civil Legal Damages include things like recovery of costs of medical bills, lost incomes, emotional trauma, and pain and suffering.
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