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Articles Posted in Wrongful Death

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Randall Thornton, age 50, was killed in a single vehicle accident involving the tractor-trailer truck he was driving. Mr. Thornton’s truck was reportedly traveling on I-64 west of the Simpsonville Exit when it struck an abandoned vehicle that was in the emergency lane. The collision caused Mr. Thornton’s truck to leave the roadway, striking several trees, and coming to rest on its side. Randall Thornton was pronounced dead at the scene. The accident occurred at approximately 5:00 a.m. Mr. Thornton’s family will have a workers compensation legal claim from the events that lead to his death. Additionally, examination of the circumstances surrounding the abandoned vehicle may lead to a potential wrongful death claim related to the truck crash.

George W. Downs, age 74, was killed in an auto accident that also occurred Tuesday in Shelby County, Kentucky. Mr. Downs’ vehicle crossed the center line on Elmsburg Road and struck two pickups. Mr. Downs was pronounced dead at the scene of the accident. Bruce Pavero, age 47, of Bagdad, Kentucky was injured in this accident and transported to Frankfort Regional Hospital for treatment of his injuries.

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Ronald Forland, age 38, was killed when his motorcycle was struck by a vehicle driven by a 72 year old man, Doyle Morgan. Morgan is reported to have run the red light, hitting Forland’s motorcycle and the two other vehicles. A passenger on Forland’s motorcycle, Eugenia Forland, age 37, was seriously injured and flown to UK Hospital. The Forland’s, in this time of grief, will need an experienced motorcycle and wrongful death attorney to assist in handling the legal claims that will come from this accident. This case will involve a Kentucky wrongful death claim and a Kentucky personal injury suit. The damages from this accident will be large, and someone experienced with available insurance proceeds will be needed to deal with this accident.

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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.
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Alden Napier, and his female passenger, where riding a motorcycle in London, Kentucky when another vehicle pulled into a store in front of the motorcycle. An auto accident ensued which killed Alden and sent this passenger to UK Hospital with serious injuries. Mr. Napier’s family and Estate may have a Kentucky wrongful death claim from this accident, and his passenger will have personal injury legal claims to recover her damages. This is a tragic occurrence that will require legal action to recover the damages that have been incurred.

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Christopher Frey, age 31, was killed Wednesday while riding his motorcycle. Frey died of multiple blunt force injuries after his motorcycle hit the side of a bus that was turning left onto Fourth Street. Mr. Frey’s family and his Estate may have a Kentucky wrongful death claim related to this accident and the death from such. In cases involving wrongful death claims, an Estate has to be established to seek the damages from the accident the death.

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Another tragic Kentucky waterway accident has occurred. Timothy Austin Hagedorn, age 17, was killed in a boat accident on the Ohio River. Hagedorn and four others where in a runabout boat when their boat collided with a larger boat. Hagedorn and his four friends were thrown from their boat in the accident. Hagedorn’s four friends were taken to University Hospital for their injuries, and Hagedorn’s body was recovered. He died from the boat crash. None of the passengers on the larger boat were injured. Boating can be very dangerous due to the lack of defined travel paths. Boat owners owe a duty to others to be cautious, in full control of their boat, and mindful of other boats.

Someone is responsible for the negligence that resulted in this tragic accident that took the life of Timothy Austin Hagedorn. That or those parties are legally liable to the Estate of Timothy Austin Hagedorn and his family for this life lost.
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A Toyota pickup truck traveling on Elkins Station Road in Clark County, Kentucky left the roadway, hit a culvert, and then swerved back onto the roadway. When the pickup re-entered the roadway, it struck a young child riding a bicycle. The accident happened around 7:30 p.m. and the child was pronounced dead at 8:20 p.m. This a tragic accident that reinforces that drivers of motor vehicles have to be vigilant at all times. Anything that takes full attention off of the roadway or what is on the roadway can result in this kind of tragic death. Drivers of vehicles have to recognize that legally they share the road with bike riders, and owe bike riders the same responsibilities that they owe other motorists.

In this case, the family of the child killed will have a Kentucky wrongful death claim against the driver of the pickup and the driver’s insurance company. This will be a substantial claim due to the death of such a young child. The family of the deceased will need to establish an Estate through Kentucky Probate Court, in order to have a person legally appointed to represent the Estate. From there, the Estate can seek justice for the death of this child. The legal damages and justice that can be sought through the civil courts by the Estate are medical bills, pain & suffering, a lifetime of lost earning capacity and wages, and potentially punitive damages if the facts warrant that the vehicle’s drivers acted wantonly or with reckless disregard for safety. The parents of a deceased child also have Kentucky lose of consortium claims that are different and above the claims the Estate.
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Samuel Hazley III of Louisville, Kentucky was pronounced dead at 7:31 a.m. at University of Louisville Hospital. Mr. Hazley had been waiting for a bus, at the bus stop located at Dixie Highway & Blanton Lane, when a driver of a Suzuki Sidekick lost control of the vehicle, veered out of the northbound lane of Dixie Highway, and hit Mr. Hazley. The driver of the vehicle admitted to police that he had fallen asleep at the wheel. This is a tragic accident that could have been avoided. Drivers who are tired or fatigued should not operate their vehicles. Driver fatigue can be as dangerous as drinking and driving. In this case, the consequences have been tragic as Mr. Hazley has lost his life. This is a crosswalk or pedestrian styled legal death claim, in which there will be many different sources of insurance recovery to be examined.

Negligent drivers who fall asleep at the wheel and cause injury or death to another person are liable under Kentucky law. In this case Mr. Hazley’s family and his Estate have a clear case of wrongful death against the driver of the Suzuki. The legal damages that will be able to be recovered vary from case to case and depend upon various legal factors. An estate will need to be set up to empower a person to become the legal representative of the deceased Mr. Hazley, and from there, the family will have authority to begin to seek to be legally compensated for their loss.

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For the calendar years 2000 through 2009, amongst 52 metropolitan areas, Louisville has been ranked 19th concerning pedestrian fatalities. In a recent report by Transportation for America, a safety-advocacy organization, the Louisville, Kentucky area had a “pedestrian danger index” rating of 95.7. That rating was based upon 192 pedestrian fatalities from 2000 through 2009. That figure translates to an average annual pedestrian fatality of 1.6 per 100,000 people. The metro Louisville area has approximately 700,000 residents currently in 2011.

Comparing Louisville with other metro areas, Nashville, TN ranked 14th with 204 pedestrian deaths and had a pedestrian danger index of 109.7. Indianapolis, IN ranked 31st with 180 pedestrian deaths and had a pedestrian danger index of 63.5, and Cincinnati, OH ranked 42nd with 172 pedestrian deaths and had a pedestrian danger index of 37.7. The highest ranked cities, which makes them the most dangerous for pedestrians, were Orlando, FL, Tampa, FL, Jacksonville, FL, and Miami, Fl. Orlando’s pedestrian danger index was 255.4.

Kentucky pedestrian fatalities, if involving a motor vehicle striking the pedestrian, have numerous legal recovery options, including automobile insurance policies owned by the deceased pedestrian. If the death is related to a dangerous property condition, then there maybe property owner insurance or business insurance coverage to provide for a legal recovery for the family of the victim. The legal damages that can be claimed and recovered under Kentucky law resulting from pedestrian deaths, which are classified as Kentucky wrongful death claims, can vary based upon the economic factors of the deceased.

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570770_metal.jpgAccording to the Kentucky State Police, via a press release, eleven people died in eleven separate Kentucky automobile crashes and Kentucky motor vehicle accidents on Kentucky roadways from Monday, July 25 through Sunday, July 31 of this year.

Families who have lost loved ones in Kentucky car, truck, motorcycle, or motor vehicle accidents have a right to seek legal compensation under the law for the death of a loved one. These types of cases are called “Wrongful Death” claims and the damages that can be sought range from medical bills, to pain & suffering, to lost family income, to punitive (punishment) damages. The legal compensation under Kentucky law will vary depending on the particular facts and circumstances surrounding each accident and death.

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