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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.
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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.

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It has been reported that Sherri Turner, age 39, attempted to turn her vehicle at the intersection of Hwy 80 and Add Hollow Road in Clay County, Kentucky, when her vehicle struck a vehicle in oncoming traffic. This auto accident resulted in the death of Ms. Turner, the injury of Ms. Turner’s 4 year old child, and injury to Sophia Feltner, the driver of the other vehicle.
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Sunday morning around 4:00 a.m., a Mercedes and a Dodge Durango were involved in a car accident on Bardstown Road, between Watterson trail & Hurstbourne Parkway. The driver of the Mercedes was killed, the passenger of the Mercedes was injured, and the driver of the Durango has been charged with DUI. Witness report that the driver of the Mercedes clipped the Durango and lost control of his vehicle. In cases like this it is important to use an accident re-constructionist to determine what likely caused the accident and who is the at-fault party or what percentage of fault each driver bears.

In this case, it is arguable that the driver of the Durango, who was driving under the influence of alcohol, bears some fault. Because of such, the Estate of the deceased driver of the Mercedes will have legal claims against the driver of the Durango for medical bills and the loss of life, under a Kentucky Wrongful Death Claim. The passenger of the Mercedes, Christopher Willian, age 34, will have legal claims from this accident to compensate him for his damages, which include medical bills, lost wages, and pain & suffering.
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Michale Amick, age 38, of Louisville, Kentucky was critically injured while walking on the sidewalk across the Clark memorial Bridge. Mr. Amick was traveling his daily walk from his job in Jeffersonville to his home on Chestnut Street in Louisville, Kentucky when he was struck by a bicyclist and knock into oncoming traffic, where he suffered critical injuries from being struck by a car. The bicyclist was riding the bike on the sidewalk, which is illegal. Bicyclists are to ride their bikes on the road and follow the same traffic laws as motorists.

Mr. Amick has undergone surgery at University of Louisville Hospital, after he suffered head and abdominal trauma from this pedestrian injury. Mr. Amick’s injuries, medical attention and bills, and his lost wages from missing work related to this tragic accident, are all damages that he can recovery from the at fault party in this accident, that being the bicyclist.
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A two vehicle car accident on Ky 80, approximately 8 miles east of Columbia, Kentucky has resulted in the death of one driver, Travis Fair, and the injury of another driver, Daryl Flatt, and a passenger, Candi Flatt. Reports indicate that Mr. Fair’s vehicle crossed the center line of the roadway and struck the Flatt’s pickup. Mr. Fair died at the scene and the Flatts were taken to Westlake Regional Hospital to be treated for their injuries. Reports are speculating that texting while driving was a factor in this crash.

Texting while driving is illegal in Kentucky and would be a cause for a legal claim of per se negligence on the part of the texting driver. This per se claim of fault is important in helping the not at fault driver and passenger to recovery the maximum allowed damages under Kentucky law to compensate them for their injuries and this accident.

In cases where texting is suspected, it is important to quickly file legal claims so subpoenas can be issued for the cell phone records of the at fault party. Many times, depending on the cell phone company, texting records are not kept for a very long period of time. It becomes important to legally demand such records for the cell phone company as quickly as possible to avoid this important evidence for being lost due a the cell phone company’s short time framed record retention policy.
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After severe weather caused the overturning of multiple tractor-trailers, traffic along the Gene Snyder was delayed. It was during this delay that a male driving passenger van failed to slow or stop and struck the rear of a red Chevy Impala, killing the elderly female passenger and injuring the elderly male driver. The impact to the Impala was so severe that it caused two other vehicles to be collided with, a Camry and Hyundai SUV. Both drivers of the subsequent collision were injured.

The driver of the passenger van will be the at fault driver in this crash. This accident will involve numerous legal claims, being three personal injury claims for the drivers of the Impala, the Camry, and the Hyundai SUV. The Estate of the female passenger of the Impala will have a Kentucky Wrongful Death claim. Because of the severity of the accident, injuries, and the death, insurance coverage may become an issue in these matters.

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Joe Herndon, age 19, was killed Saturday in a fiery single car auto accident. Reports indicate that Mr. Herndon’s car was traveling west on Ky. 2168 when it left the road and hit an embankment and then a tree. When police arrived, the car was engulfed in flames. Our sympathies go out to the Herndon family in their time of lose. It is still undetermined if something caused this tragic wreck or if some factors played a role in the wreck occurring. When collateral factors play a role in a accident or death, there can be legal recourse for the victim or the victims family.

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Daniel Ballard, age 46, and Kimberly Ballard, age 51, were driving their car in Owen County, Kentucky when a car driven by Larry Conway, age 54, cross the center line of the road and struck their vehicle, causing a fatal Kentucky car crash. Daniel Ballard the driver of his vehicle was killed in the car accident. Kimberly Ballard was taken to New Horizon’s Medical Center in Owenton, Kentucky to be treated for her injuries, and Larry Conway was killed in the accident.

The Ballard Family and the Estate of Daniel Ballard will have legal claim from this accident to recovery and be compensated for their damages from Mr. Conway’s actions. Kimberly will have Kentucky personal injury claims for her medical bills, pain & suffering, and lost wages, and the estate of Daniel Ballard will have a Kentucky Wrongful Death claim.

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Thomas Redden, age 28, of Dawson Springs, Kentucky was killed in a fatal DUI crash. Redden was a passenger in a pickup truck driven by Jeffrey Alfred. The pickup truck lost control, left the road and struck a tree. The driver was not injured and fled the scene without rendering assistance to Redden. Redden was taken to Caldwell County Medical Center where he died from his injuries. The driver of the pickup, Alfred has been charged with DUI and now face homicide charges. The single vehicle Kentucky auto accident happened on Kentucky 672 approximately 8 miles east of Princeton, Kentucky.

Mr. Redden’s family and Estate will have a Kentucky Wrongful Death claim stemming from this tragic accident.

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