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Articles Posted in Wrongful Death

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Alexander Tipton, age 18, and Johnathan Newsome, age 18, were both killed in a Kentucky car crash. Six other passengers in the vehicle also suffered injuries. Police reports indicate that a Ford Mustang, being driven Mr. Newsome, attempted to make a u-turn onto Ky 1469 and struck an embankment. Reports indicate that no one was wearing a seat belt. The accident is still under investigation.

Passengers injured in motor vehicle accidents are afforded PIP/No-fault insurance coverage to pay for initial medical bills and other damages, including lost wages due to injuries. The six injured passengers, based upon their injuries will be able to file claims for such insurance assistance, and based upon the severity of their injuries, they may want to instruct the insurance company to withhold all payments of such funds until such time that hey can direct payments in a manner that most effectively assists them in their various situations. In addition to the PIP claims, the surviving passengers may also have Kentucky Personal Injury Claims.

Based upon what every caused the accident to occur, all the occupants of the car may have legal claims stemming from the accident and cause thereof. In cases like this it’s important to have an accident re-construction performed to determine what factors lead to the crash. Those killed in the crash may have Kentucky Wrongful Death Claims. At this point, and until it is determined what fully happened in this crash, the legal claim status of those involved is yet to be determined.

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This Kentucky car crash happened Tuesday around 8:00 p.m. at the intersection of US 60 Bypass and Canton Road, 2 miles west of Cadiz, Kentucky. Reports indicate that Mary Taylor, of Barbourville, was driving westbound on Canton Road and failed to stop at the stop sign at the intersection with US 60 Bypass. Upon entering the intersection, Taylor’s vehicle was struck on the passenger side by a vehicle driven by Kristena Gallimore, of Dresden, TN, which was traveling eastbound on US 60 Bypass. Taylor’s failure to stop at the stop sign and failure to yield the right of way to Gallimore appears to be the cause of this accident.

Kristena Gallimore, age 44, had passengers in her vehicle, Timothy Gallimore, age 36, and Kaitlyn Gallimore, age 12. All the Gallimore were taken to Trigg County Hospital to be treated for their injuries.

Mary Dell, age 49, and Jonas Dell, age 15, were both passengers in Taylor’s vehicle. Mary Dell died from injuries she received in the crash and Jonas dell was flown to Vanderbilt Hospital in Nashville to be treated for his injuries. Ms. Taylor was also flown to Vanderbilt Hospital.

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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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Robin Jent, age 57, who lived on Churchman Avenue in Louisville died at UL Hospital from injuries she received in a head-on car crash that occurred on Manslick Road. The driver of the vehicle that hit Ms. Jent was charged with DUI and Murder. Ms. Jent operated a day car facility known as Robin’s Playhouse.

Jason Shawler, age 38, of Louisville, was killed in a head-on auto accident on the Gene Snyder Freeway, near Shelbyville Road, after the car he was in was struck by a pickup truck driving the wrong way on the freeway. The Driver of the pickup that killed Jason Shawler was charged with DUI, Murder and driving on a suspended license. Mr. Shawler had a successful career at Ford.

In both these tragic deaths, strong criminal prosecution is taking place. The drivers who drove drunk and killed an innocent person should be criminally prosecuted to the max. The families of these two victims of drunk drivers also have civil legal claims to prosecute these matters under Kentucky civil law. The families of persons killed in DUI related deaths can have a legal Estate established through the Kentucky Civil Courts (these are civil matters and not handled through criminal prosecution), which will then authorize a representative of the deceased person to file a Kentucky Wrongful Death Claim.

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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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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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Bethany L. Hardman, age 29, of Wilmore, Kentucky was killed in a Jessamine County Kentucky auto accident. This Kentucky car crash occurred on Thursday just before 9:00 a.m. as Ms. Hardman’s 2002 Saturn attempted a left hand turn from Clear Creek Road onto Ky 169.

In any Kentucky automobile related death, the legal inquiry is on who and what caused the accident and what could have been done to prevent. Person injured or killed in Kentucky auto accidents may be entitled to legal compensation for their injuries and/or death.

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As the story and the legalities were discussed in an early posting, including photos of the accident, (Click here for link to earlier story link), a pregnant woman and her unborn child were killed in a SUV accident in Louisville Kentucky on I-71. The victim has been identified as 31 year old Latonya Hunt of Sidon Mississippi. Ms. Hunt was a passenger in the vehicle and was 27 weeks pregnant. She was ejected from the GMC Envoy and died of blunt force injures. Tow other women in the vehicle were taken to the hospital with serious injuries.

Ms. Hunt’s family will have a Kentucky Wrongful Death legal claim against the driver of the vehicle and her insurance company. It can be legally sought by the establishment of a Kentucky Estate, for the express purposes of pursuing the lawsuit. The legal compensation sought will vary based upon the circumstances of the accident, but will include a lifetime of lost earning potential, which puts a large legal/financial compensation for the family of Ms. Hunt.

Passengers in single car accidents have legal rights under Kentucky law to seek civil justice for the injuries or death caused by the single vehicle accident.

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