Kentucky Injury Law Blog

On Monday, November 28, 2011, a Kentucky woman was crossing National Turnpike in Louisville early in the morning when she was struck by a pickup truck. She was seriously injured and was taken to University Hospital. Four days later, she died from her injuries caused by the truck accident, making her the 18th pedestrian killed by a vehicle in Louisville.

The 33-year-old driver of the vehicle stayed at the scene and was given a sobriety test. She tested at more than twice the legal limit and admitted to drinking 10 beers. She also had an open beer in the truck at the time of the accident and did not have a driver’s license. She was charged with driving under the influence, having an open container of alcohol in the truck, and driving without a valid license.

One would think that with all of the above charges brought against her, the driver would also be responsible for the death of the pedestrian, but that may not be the case in this particular accident. Preliminary investigations show that the pedestrian stepped into the road in front of the pickup truck, which would mean she caused the accident. “Someone walking in front of you, stepping in front of you, you can’t charge somebody for something that wasn’t their fault and was an accident,” according to LMPD Traffic Unit’s Lt. Doug Sweeney.

As of the end of January, the driver had only been charged with the issues listed previously, which carry a penalty of up to one year in jail. The pedestrian’s family does not think this is anywhere near harsh enough for the woman that killed their relative. They would like to see a wrongful death lawsuit filed. But the Jefferson County Attorney’s office, which is handling the case, said that is the strongest charge they can bring against her. The Commonwealth Attorney’s Office may be able to press felony charges, but will need to review the case to make that determination.

Continue reading "Kentucky Pedestrian Killed by Drunk Driver may be at Fault" »

Most people are aware of the event data recorder devices, or “black boxes,” that are found in airplanes. They frequently provide clues to what may have gone wrong in a plane crash. However, many people do not know that this type of device is also found on many automobiles, particularly those manufactured more recently. These black boxes are constantly processing information regarding the operation of the vehicles the entire time they are running. If an airbag deploys, the information 15 seconds prior to deployment is saved.

This 15-second snippet of information can be very helpful in determining what happened just before and at the time of a car accident. The data recorded includes the rate of speed, whether the accelerator or brake was being applied, the steering direction, and if the seatbelts were in use. Because these data recording devices were originally installed in vehicles as a way for manufacturers to track their performance and diagnose any issues, some manufacturers claim they own the recorded data. However, the data can often be obtained through legal channels to be interpreted by a qualified forensic accident reconstructionist.

This type of information was used in a Louisville, Kentucky wrongful death case that stemmed from a car accident in 2011. Bryan Lee was test-driving a new Dodge Challenger when he ran into a Mercury Sable, killing both passengers on impact. After the accident, Mr. Lee stated that he was only going 60 mph in the 45 mph zone. However, data from the black box showed that the car had reached 102 mph just before the accident and hit the victims’ car at 86 mph.

Another recent case involved Lt. Governor Timothy Murray from Massachusetts. After totaling a government-owned vehicle at 5 a.m. in November, he passed a sobriety test and the police concluded the accident was caused by ice on the roads. When people continued to question him about the accident, Mr. Murray had the data pulled from the black box. Not only did it show that he was driving 10 miles over the speed limit initially, but it also showed that he pushed the accelerator and was traveling 106 mph when the accident occurred. Mr. Murray then changed his story and said he must have fallen asleep at the wheel. He was charged with speeding and not wearing a seat belt, another fact that the black box brought to light.

Continue reading "Black Boxes Help Investigators Determine Kentucky Car Accident Causes" »

Four people were killed in a car accident on January 18, 2012, including a Louisville, Kentucky woman who was attending the University of South Carolina. She was 23 years old. The other victims were also all in their early 20s.

The group had been celebrating the Kentucky woman’s birthday. Witnesses said they had seen the group at various nightclubs throughout the night, including one where one of the victims worked. Around 5 a.m., the driver of the Dodge Charger missed a sharp turn on George Rogers Boulevard in Richland County, South Carolina. The car crashed into a Farm Bureau Insurance building and burst into flames.

Several factors could have contributed to this tragic accident. Because the accident occurred early in the morning after the group had apparently been out at various nightclubs, alcohol is the first factor that comes to everyone’s mind. Adding to this the fact that they were celebrating someone’s 23rd birthday makes this seem even more inevitable. However toxicology reports have not been completed and probably will not be available for a week or two. If the report determines that the driver was intoxicated, action may be able to be taken against the establishments that served him alcohol. South Carolina does not have a specific “dram shop law” like Kentucky does, in which establishments that serve alcohol and allow an intoxicated person to drive can be held liable for personal injuries or damages he or she may cause. But recently the court upheld a verdict with a large award against a nightclub after a patron left, drove his car, and killed someone. So some liability may fall on the nightclubs the victims visited if they were served alcohol and were intoxicated when they left. The families of the passengers in the car may also decide to file wrongful death suits against the driver’s family. No other vehicles were involved, which narrows the fault down to the driver of the Charger.

Another factor that seems to have contributed to the accident was speed. Because the vehicle burst into flames on impact, and because the occupants appear to have been killed by the impact rather than the fire, the car was most likely going at a high rate of speed at the time of the accident. Investigators also think that at least three of the four people in the car were not wearing seatbelts. Whether or not seatbelts could have saved their lives will probably not ever be determined.

Continue reading "College Student from Kentucky among Four Killed in Car Accident" »

On Friday, January 13th, one passenger and one pedestrian were killed in a car accident during a high-speed chase. The owner of the car moved it onto the street and left it running while he finished getting ready, and when he went back outside the car was gone. He called police who located the car and attempted to stop it. Rather than stopping the driver took off, leading the officer on a short chase down Dixie Highway. Three minutes later, the car struck a pedestrian and a utility pole, and the two individuals in the car were ejected. One of the victims was the pedestrian who had been walking to class at National City College. The other fatality was one of the occupants of the car. Because both people were ejected from the vehicle during the accident, it is unclear whether he was the driver or passenger. The other occupant was taken to the hospital with undisclosed injuries.

Accidents such as these raise questions as to whether or not high-speed police chases should be allowed. Louisville Metro Police are supposed to consider several factors before embarking on a high-speed chase. First is whether or not the driver of the car is a felon. Because the car was stolen and it was fleeing from police, the driver could be considered a felon. Next an officer needs to decide whether apprehending the occupants of the vehicle immediately outweighs the risks involved in high-speed chases. Road conditions, the amount of traffic, and the assumed offense are all factors in this decision. Standard procedures in this type of situation include placing the officer on paid administrative leave while the accident is investigated and confirming the officer followed policy and did not commit a criminal act.

In the colder weather of winter it is very tempting to turn your vehicle on to warm up before driving it, just like the owners of the stolen car did Friday. But running cars are easy targets for thieves. Even if the car is locked, a thief can easily break the window and drive away. Not only is it unsafe to leave your car running, it is also against the law in Kentucky, even on your own property. The law states “No person operating or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key.” Whether this law factors into this accident remains to be seen.

Continue reading "High-Speed Chase Ends in Auto Accident, Death of Two in Louisville, Kentucky" »

In the last two weeks of 2011, there were at least two head-on collisions in Indiana and Kentucky that resulted in death. On December 16th, a 17-year-old driver crossed the median near Evansville Indiana and struck an oncoming car, killing herself, her 8-year-old passenger, and the two people in the other vehicle. A Danville, Kentucky man was killed when his car crossed the center line and collided head-on with a box truck near Bryantsville on December 30th.

Car accidents that result from head-on collisions are among the most deadly. Although they account for only two percent of all accidents, they cause ten percent of all car accident fatalities. One reason they are so dangerous is because of the amount of speed involved. If two cars moving at 50 mph collide, the actual speed at impact is 100 mph since the rate of speed is combined. Running head-first into a stationary object can also cause serious injuries or death because a tree, lamppost, or other hard object will not give way upon impact like another vehicle will. Head-on collisions are even more dangerous if the occupants are not wearing seatbelts because they can be ejected from the vehicles. Injuries caused by head-on collisions include head and neck injuries, broken bones, internal bleeding or bruising, and spinal cord damage.

Head-on collisions between generally occur in one of three ways. A vehicle traveling in one direction crosses the middle of the road and ends up in the lanes of oncoming traffic; a vehicle drives the wrong way down a one-way street; or a vehicle enters a highway from an off-ramp instead of an on-ramp, causing the vehicle to travel in the wrong direction.

One might ask how a driver could drive across a median, down a one-way street the wrong way, or up an off-ramp. Several factors can cause these situations to occur. Drivers who are distracted may allow their vehicles to veer to one side enough to cross the double yellow lines. No one can forget the Kentucky truck accident earlier this year that took the lives of 11 people when a semi driver was distracted by his cell phone and drove into oncoming traffic. Intoxicated drivers may be confused and unable tell an off-ramp from an on-ramp. Neither of these appears to be the cause of the accidents mentioned above.

Continue reading "Kentucky and Indiana Head-on Collision Accidents Deadly" »

Earlier this month it was discovered that four Breathalyzer technicians were no longer certified to give the tests commonly used to determine whether or not a driver is intoxicated. Currently Breathalyzer technicians that work for the Louisville Department of Corrections are responsible for their own certifications, but the department will be taking over that responsibility and will make sure technicians are recertified at least two months before their certifications expire. The four technicians involved will not be allowed to administer any tests until after they are recertified in the beginning of January. The department of corrections says there are six other people with current certifications.

Because their certification expired in September, around 600 Kentucky car accident cases may be affected. Mike O’Connell, attorney for Jefferson County said many of the cases may end up being thrown out because the Breathalyzer test is “the single most important piece of evidence in the trial” when a drunk driver is involved. Prosecutors can still attempt to use other types of evidence to prove the driver was intoxicated, such as witness accounts, video taken at the time of traffic stop, or field sobriety tests, which are given by police officers at the scene. They may also seek charges other than DUI that do not rely so heavily on the Breathalyzer test, such as public intoxication and wanton endangerment. Meanwhile, defense attorneys are reviewing all of their DUI cases in the hopes that their clients’ Breathalyzer tests were administered by one of the technicians with an expired certification. Judges are expecting a large influx of motions regarding these cases in the coming weeks, but realize it was important that the truth be told about the situation.

James Ronald Brown was arrested for allegedly striking a man in the road and killing him on November 22, 2011. His Breathalyzer results showed his blood-alcohol content was more than twice the legal limit. But because his test was given by one of the technicians in question, this evidence may not be allowed to be entered in court. Prosecutors may have to use police video taken of his sobriety test and other evidence instead. The Breathalyzer issue was not discussed at the pretrial hearing, and Mr. Brown was released to house arrest and instructed not to drive or consume any alcohol.

Continue reading "Hundreds of Kentucky DUI Cases Potentially Affected" »

In recent months, a debate has arisen in Kentucky regarding the Amish, a group of religious individuals known for their quiet, unassuming lifestyles. Because of their religious beliefs, certain Amish sects are refusing to display signs on their buggies that designate them as slow-moving vehicles and make them more visible. The sign is an orange reflective triangle. Some of the more traditional Amish sects, such as the Old Order Swartzentruber Amish, feel the color of the sign is too bright and contradicts their religious beliefs against wearing bright colors. Relying on manmade signs to keep them safe also goes against their beliefs. Several men have been fined for not displaying the signs on their buggies, and some have landed in jail, refusing to pay the fines because that would be admitting their guilt and putting governmental laws above their religious laws.

On November 17, 2011, a 19-year-old Amish man was driving a horse-drawn, two-wheeled cart in Hart County in southern Kentucky. He stopped in the road near his home and was rear-ended by an SUV and thrown from the buggy. He was flown to a hospital, but died en route. Although his sect normally displays the reflective sign on their buggies, his cart did not have a sign. This car accident is still under investigation and it is unclear whether the reflective sign would have prevented the accident.

Kentucky is not the only state struggling with this situation. In Iowa, the Swartzentruber sect also refused to display the slow-moving reflective triangle and some of the members were fined. The sect and the state reached a compromise by allowing the sect to use reflective tape and brighter lanterns to make the buggies more visible. In Michigan, officials refused to post slow-moving vehicle signs because the Amish community refused to use the reflective slow-moving triangles on their buggies. Perhaps because of these differing views, accidents involving Amish vehicles are all too common. There were 140 accidents involving cars and buggies reported in Ohio in 1998, four of which were fatal.

Whether or not horse-drawn carts or buggies have reflective triangles, drivers of motorized vehicles can take certain precautions to help avoid accidents with them. If you are driving in an area that has a large Amish population, be aware of potential slow-moving vehicles. Look for signs depicting Amish buggies that mark roads that are heavily traveled by these vehicles if you are unfamiliar with the area. Do not become distracted by cell phones or radios in the car. Do not drive above the posted speed limit. If you are driving behind a horse-drawn vehicle, allow plenty of room to stop if the vehicle in front of you stops since buggies or carts may not be equipped with taillights. Allow extra time for buggies to cross intersections or turn corners before proceeding.

Continue reading "Fatal Kentucky Accident Highlights Debate on Amish Buggy Signs" »

Car accidents caused by drunk drivers are doubly tragic. First, innocent victims are injured or killed. Second, the accident probably would have been avoided if the driver had exercised restraint and did not attempt to drive while intoxicated. In 2008 in Kentucky alone, 226 of the 826 car accident fatalities were related to alcohol. Obviously, in these cases the driver who was under the influence and caused the accident should be held liable for damages to the victim’s car and any injuries sustained. However, many states have laws that make the bar or restaurant that served the alcohol to the intoxicated individual liable as well.

Currently, 43 states have “dram shop laws.” The name comes from a reference to a small drink of alcohol. Bars and taverns that sold alcohol were once called “dram shops.” These laws pertain to any establishment where alcohol is sold, whether a bar or restaurant. The laws state that businesses can only be considered liable for an incident if the employees knew that the patron was intoxicated and continued to serve him alcohol or allowed him to drive a vehicle rather than find him alternate transportation.

In the last two months, at least one dram shop case has ended and two more have been filed in three different states. In Mississippi, a $15 million judgment was handed down against Slippery Nick’s Saloon and Grill in a case involving the 2007 wrongful deaths of three young adults caused by a drunk driver. The case alleged that the intoxicated driver was served alcohol even though she was visibly drunk. She was also allowed to drive away in her vehicle. Although the parents of the young adults killed do not expect to receive any of the judgment money since the bar did not have liability insurance and has since closed, they felt it was important to file the suit to hold the bar owner accountable and hopefully prevent this tragedy from happening to someone else.

In Florida, a woman has filed a lawsuit against the Suite Nightclub in Pensacola after her husband was killed by a drunk driver leaving the nightclub. The suit alleges that the employees knew the driver was an alcoholic, but still allowed the band performing at the club to pour shots down his throat. Damages requested in the suit include lost wages of the deceased, pain and suffering for his widowed wife, and damages and attorneys’ fees.

An Ashville, North Carolina couple have filed suit against four separate bars after their daughter was killed by a drunk driver who was served at all four locations. After her last stop, Jennifer Kessler left Temptations Red Room around 2:45 a.m. on October 2, 2010, and drove westward in the eastbound lanes of I-240, colliding head-on with the victim. Her blood-alcohol content was 0.262, three times the legal limit. All four establishments state they did not know Kessler was drunk and are seeking to have the charges dismissed.

Continue reading "Bars and Restaurants May be Liable for Damages in Kentucky DUI Car Accidents" »

On Monday, October 17, 2011, three teens were involved in a fatal car accident in Bloomfield, Kentucky. The accident report states the 17-year-old driver was going east on Old Bloomfield Road after school when she lost control of the car, causing it to go off the right side of the road. The driver over-corrected, sending the car across the center line and into the ditch where it rolled over multiple times before stopping. The driver’s sister, who was located in the back seat, was pronounced dead at the scene. A friend riding in the front seat was ejected from the car and remains hospitalized with head trauma and other injuries. The driver’s injuries were moderate.

Police are investigating the crash to determine the cause. Alcohol is unlikely, especially in light of the fact that the students had just been released from school for the day. Speed is being considered but has not been established as the cause. The hilly, curvy road may have contributed to the accident, as police and those who live in the area both say it is dangerous and has claimed lives in other accidents. Whatever the cause, it is important to note that the one who was least injured, the driver, was wearing her seatbelt. The others were not. This tragic accident again highlights the importance of seatbelt use.

Ironically, the week this accident occurred was also National Teen Driver Safety Week. The Kentucky Office of Highway Safety (KOHS) took part in Safety Week and continues to raise Kentucky teens’ awareness of the dangers of driving throughout the year. One of the largest contributors to teenage driving accidents is distraction. KOHS uses a Distracted Driving Simulator to show teens how dangerous distracted driving is by allowing them to talk or text on a cell phone while they attempt to drive safely in the simulator. Director Bill Bell says “All too often, the devices are winning and our kids our losing, with tragic results.” National Highway Traffic Safety Administration (NHTSA) statistics show that 691 fatalities in 2009 were caused by a distracted teen driver.

Distractions are not the only cause of teen accidents. There are many other causes and ways for teens to stay safe on the road.

Continue reading "Recent Kentucky Car Accident Involving Teens Highlights Need for Safer Driving" »

The widow of a man who was killed in a 2008 Kentucky drunk driving accident wants Madison Circuit Court to consider her motion to amend her wrongful death lawsuit against driver Elmer Ray French.

French is accused of crossing the center line of a road on December 3, 2008 and hitting head-on the vehicle that Jason Isaacs was riding in. The 71-year-old motorist was indicted for driving under the influence (with a BAC of over .18%) and murder for his alleged role in causing the deadly Kentucky car accident. His arraignment is scheduled for Friday. If convicted of these charges, he could end up serving a life prison sentence.

Now, Sandra Marie Isaacs wants the court to let her amend her Kentucky wrongful death complaint to include claims made for her two children with Jason Isaacs. She wants to claim loss of parental consortium for her 9-year-old son and 14-year-old daughter.

Sandra Isaacs is seeking compensatory damages plus interest for funeral costs, medical bills, loss of spousal consortium, and loss of future income and earning capacity. She is also seeking punitive damages.

Loss of Parental Consortium
In Kentucky, a claim seeking compensation for loss of parental consortium can be filed for the time that a child loses with his or her mother or father because of the parent’s death. This claim is limited to the period between the parent’s death and when the child turns 18.

The death of a parent is never easy. Losing one’s mother or father in a tragic car accident when one is very young can scar a person for life. While no amount of money can bring a parent back or make up for time that is lost, there are ways to hold the liable party responsible for your child’s loss.

Hearing set to amend DUI death lawsuit, Richmond Register, May 4, 2009

Related Web Resources:
Kentucky Revised Statutes, Kentucky Legislature

Car Accidents Overview, Justia

In Jefferson Circuit Court, the respective parents of Claudia Wadlington, 5, and the Riley Lawrence, 4, have filed a Kentucky wrongful death lawsuit for the girls' hit-and-run deaths. The two girls were killed in Louisville on July 25, 2008 as they were walking to swim class. They were holding hands with Claudia’s mom, Angela, as they crossed Floyd Street when a Pontiac Grand Am hit them. The driver of the car, Kenielle Finch, also hit Louisville Metro Police who attempted to apprehend him following the deadly hit and run accident.

Named as defendants in the Kentucky pedestrian accident complaint are Kenielle Finch, who was charged with their murders (in addition to 12 other related charges) and Keynisha Butler, who lent Finch the car that hit the girls. Finch entered a not guilty plea to the criminal charges and will stand trial.

The families’ Louisville wrongful death lawsuit seeks to recover hospital expenses, burial costs, and other accident-related expenses, including Angela’s hospital expenses for her injuries, as well as punitive damages from both men.

Reasons Why Motorists Hit and Run
Not only is it considered negligent conduct to cause an auto accident, but so is leaving an auto accident site after causing a motor vehicle crash—especially if someone was seriously injured. Staying at a crash site to provide assistance and contact emergency medics to let them know that someone has been hurt can determine whether an auto accident victim lives or dies.

Some reasons why people hit and run:
• Driving drunk or under the influence of drugs.
• Driving without a license or proper insurance or documentation.
• Driving a stolen vehicle.
• The driver may have just committed a crime.
• The driver is scared of the legal consequences.

If you were seriously hurt in Kentucky hit and run accident and the driver has not been apprehended, an experienced Louisville car accident law firm can help you pursue your uninsured motorist claim and make sure that you receive a settlement from your insurer that takes as much of your accident-related expenses and recovery costs into consideration. If the driver has been apprehended, then your Kentucky personal injury lawyer can push to recover from the negligent party.

Slain girls' parents sue accused hit-and-run driver, Courier-Journal, May 5, 2009

Kenielle Finch indicted, charged with murder after alleged hit and run, Newsnet14, September 1, 2008

Related Web Resources:
Hit And Run Drivers Kill Nearly 1500 People Annually With Pedestrians At Greatest Risk, According To AAA Foundation Analysis, AAA, May 17, 2004

Pedestrians, Safekids.org

At Bryan Station High School, students are anxiously waiting to find out the condition of three of their classmates who were seriously injured in a Lexington motor vehicle crash on Monday night. One of their other classmates, 15-year-old Nathaniel Lee Stuckey, died in the collision on Russell Cave Road on Monday night.

The driver of the car, Nicoli Petitfrere, 17, and passenger Jasmine Marks, 16, are still in critical condition, while Kierra Fulz, 17, is in fair condition. According to Lexington police, speed may have been a factor, with the teenagers' car going faster than the 55 mph speed limit.

The Kentucky teen driving accident took place around 7pm when Petitfrere lost control of the white Toyota Camry and drove off the narrow two-lane road, striking a rock wall and hitting a tree head-on. Three of the Kentucky car crash victims had to be extricated from the Toyota. Stuckey, who was sitting in the front-passenger seat of the car was pronounced dead at the crash site.

Dangers of Speeding
• Speeding is a contributing factor in over 30% of deadly US traffic accidents.
• It occurs on freeways and on local streets.
• You can be speeding even if you are abiding by the posted legal limit if the weather conditions warrant that you drive slower.

Speeding Facts by the Insurance Institute for Highway Safety
• Speeding played a role in than 13,000 motor vehicle fatalities in 2007.
• 88% of traffic fatalities where speeding was involved took place on Interstate highways.
• 24% of speeding-related deaths occurred on roads with speed limits posted at 35 mph or lower.

If you were seriously injured in a Kentucky car crash, retaining the services of an experienced Lexington car accident lawyer can make obtaining your financial recovery a lot easier. Your Kentucky personal injury team can work with accident reconstructions and other accident experts who can help determine whether speed or another factor was the cause of your deadly Lexington auto accident.

Students grieve after crash kills, injures Bryan Station classmates, Kentucky.com, April 28, 2009

Related Web Resources:
National Highway Traffic Safety Administration

Teen Drivers

Continue reading " Lexington Teen Driving Accident: One Kentucky High School Student Dies and Three Others Are Seriously Injured" »

A Kentucky multi-vehicle collision in Jefferson County has claimed the life of a 16-month-old girl. Daphnie Mangrum was pronounced dead from a traumatic brain injury at a local hospital on Saturday. Mangrum’s mother and two siblings were also injured in the catastrophic Kentucky car crash, which occurred on the Dixie Highway on Thursday afternoon. The three of them are expected to recover.

According to Louisville Metro Police, at about 4:48pm, a Mazda drifted into the center lane, hitting a Dodge Caliber, which then struck a Chevy Lumina before hitting a Dodge Ram truck. Daphnie and her family members were riding in the Lumina. The children in the car were reportedly not properly restrained. The driver of the Mazda and the Lumina were transported to hospitals. West Point resident Janet Crowell, who was driving the Dodge Caliber, was pronounced dead at the crash site.

Traumatic Brain Injuries
• Motor vehicle crashes are the number one cause of TBI’s, followed by fall accidents and athletic injuries.
• Every 15 seconds, someone sustains a TBI.
• TBI’s occur when there has been a jolt or blow or a penetrating injury to the head.
• 1.4 million people sustain TBI’s each year.
• 50,000 people die from TBI’s annually.
• About 2,685 kids, ages 14 and under, die from TBI's each year.

While traumatic brain injuries can range from mild (approximately 75% of TBIs are mild TBI’s) to severe to fatal, there are those who do survive and continue to live with catastrophic TBI’s that require them to receive long-term, specialized care. A TBI can affect one’s senses, memory, and the abilities to communicate, comprehend, and reason, as well as result in personality changes, depression, and changes in behavior.

Living with a serious TBI can be costly and life changing. Losing someone you love because they sustained a fatal TBI can be incredibly traumatic.

16-month-old dies from injury in Dixie Highway crash, Courier-Journal, April 18, 2009

Traumatic Brain Injury, CDC

Related Web Resources:
Brain Injury Association of America

Brain Injuries Overview, Justia

Continue reading "Kentucky Brain Injury Law Firm: 16-Month-Old Girl Dies from TBI Caused by Jefferson County Multi-Vehicle Collision " »

In Kentucky, a Jefferson County grand jury has charged Herbert Lee III with four counts of murder for a deadly Louisville auto accident that killed four teenagers. Lee was 16 at the time of the crash.

Injured in the catastrophic Kentucky auto collision on December 18 were 15-year-old Arron Shields, 16-year-old twins Demar and Jemar Claybrooks, and their 14-year-old brother Marc Claybrooks. All of them were riding in the stolen motor vehicle that Lee was driving.

Police spotted the stolen auto and tried to make Lee pull over. The teenager reportedly refused, resulting in a short police chase and then the fatal accident.

NHTSA Teen Driver Facts
• Motor vehicle accidents is the number one cause of teen driver deaths.
• 6,982 young drivers, ages 15 to 20, were involved in deadly auto accidents in 2007.
• 3,174 teen drivers died.
• 252,000 others were injured.

CDC Teen Driving Facts
• Having other teenagers in the car with a teen driver increases the chances of deadly auto accident occurring.
• Teens with new driver's licenses are a crash risk for the first year that they are allowed to drive.
• Teens lack the experience that older drivers have of assessing potentially dangerous situations on the road.
• Teens are more likely to speed or engage in distracted driving than their adult counterparts.

If someone you love was seriously injured or killed in a Louisville auto crash, you should speak with an experienced Kentucky injury attorney to determine if you have grounds for filing a personal injury claim or a wrongful death lawsuit. Suing for personal injury won’t bring back the person you love, but it can provide you with some comfort to know that the negligent party has been held liable.

Grand jury indicts Ky. teen in quadruple fatal, Kentucky.com, April 15, 2009

Young Driver Traffic Safety Fact Sheet, NHTSA

Teen Driving Fact Sheet, CDC

Related Web Resources:
Teen Drivers, Insurance Information Institute

Teen Driving

Continue reading "Louisville Personal Injury Law Firm: Grand Jury Indicts Kentucky Teenager for Motor Vehicle Deaths of Four Other Teens " »

The Kentucky’s Office of Highway Safety says the number of highway motor vehicle deaths occurring in the state appears to be decreasing. According to early figures, there were 158 Kentucky traffic deaths in 2009 through March 31—21 less fatalities than for the same time period in 2008. Kentucky Transportation Secretary Joe Prather says that 81 of the 158 traffic victims that died this year were not using seat belts.

The state also experienced its lowest number of Kentucky motor vehicle deaths last year with 823 fatalities. This decline reflects the overall decrease in motor vehicle deaths on a national level.

According to the National Highway Traffic Safety Administration, 37,313 people died in US traffic accidents in 2008. This is the lowest number of US motor vehicle deaths to occur in a year since 1961. The report notes that states that have weaker seat belt laws tend to have higher death tolls.

Prather says that Kentucky will take aggressive action during next month’s “Click It or Ticket” Campaign. The National Highway Traffic Safety Administration says that seat belts can decrease the number of front-seat occupant traffic deaths by 45% and by 50% for traffic deaths involving occupants of SUV’s, pickup trucks, and minivans.

Common Causes of Car Crashes:
• Driver negligence
• Distracted driving
• Drunk driving
• Speeding
• Driver exhaustion
• Defective auto or auto parts
• Cell phone use while driving
• Text messaging

If you have been injured in a Kentucky car collision, an experienced Louisville car crash lawyer can help you investigate your case and pursue your claim in a manner that allows you to obtain the maximum recovery possible.

Kentucky highway fatalities declining in 2009, Examiner.com, April 7, 2009

U.S. Transportation Secretary LaHood Announces Record Low Traffic Deaths, Improved State Seat Belt Use, NHTSA, April 6, 2009

Related Web Resources:

Early Estimate of Motor Vehicle Fatalities in 2008 (PDF)

Seat Belt Use in 2008, NHTSA (PDF)

Kentucky Office of Highway Safety

Continue reading "Kentucky Motor Vehicle Crash Attorney: Number of Traffic Deaths Declining in 2009" »

The Kentucky State Police is reporting that through February 22, there had been 87 fatalities on state roads for 2009. 82 of these deaths occurred as a result of motor vehicle accidents. 46 of the victims that died were not using seat belts, while alcohol is suspected to have been a contributing factor in 23 of the fatalities.

The state police also said that on Kentucky roads last week, there were seven motor vehicle fatalities. Four of the people who died were not using seat belts and alcohol is a suspected contributing factor in three of these Kentucky auto accidents.

If you or someone you love was seriously injured in a motor vehicle accident accident, you may be entitled to file a Kentucky personal injury claim or lawsuit against all negligent parties. Whatever you do, do NOT settle with the negligent party’s insurer without contacting an experienced Louisville car accident lawyer first.

Reckless or negligent driving can be grounds for a civil lawsuit against a liable party. Drunk driving is one form of reckless driving that can result in serious injuries and deaths.

Here are a couple 2007 facts provided by the National Highway Traffic Safety Administration about drunk driving:

• 12,998 people died in US drunk driving accidents.
• 1 drunk driving death occurs in the US every 40 minutes.

Drunk driving can impair the driver’s senses, perception, reflexes, and ability to process information, which can make it hard for the motorist to pay attention, stop the vehicle when necessary, notice that he or she is driving at excessively high or slow speeds, obey street and traffic signs, and assess how much distance there is between his or her car and other motor vehicles.

Too many lives are destroyed in Kentucky drunk driving accidents.

KSP Releases Accident Statistics From Last Week, WBKO, February 23, 2009

Alcohol-Impaired Driving, NHTSA

Related Web Resources:
Mothers Against Drunk Driving

Continue reading "Kentucky Car Accident Lawyer: State Police Reports at Least 87 Auto Accidents Deaths So Far for 2009" »

This year, the National Safety Council wants all US states and Washington DC to impose a total ban that would make it illegal for all drivers to use cell phones when operating their motor vehicles. The NSC says drivers who talk or text message on cell phones increase their chances of getting involved in a motor vehicle crash by four times. The NSC says cell phone use is a form of distracted driving, which the National Highway Traffic Safety Administration reports is the cause of 80% of US traffic accidents.

According to the Harvard Center of Risk Analysis:
• 636,000 US motor vehicle crashes a year involve a driver who was using a cell phone.
• These accidents make up 6% of all US auto crashes, resulting in 330,000 injuries and 2,600 fatalities.
• Over 100 million people drive and use cell phones at the same time.

A number of US states have a partial ban on certain kinds of cell phone use. For example, Kentucky completely bars school bus drivers from using cell phones while driving. The state also has legislation under consideration that would ban drivers from using handheld devices.

The NSC, however, wants all states to bar drivers from using even hands-free phones.
A study by University of Utah researchers shows that just because a driver isn’t using his or her hands to hold or operate a cell phone while driving doesn’t make it safer to operate a motor vehicle. Talking on any kind of cell phone while driving reportedly places a motorist’s concentration elsewhere rather than on the road.

Driver Inattention
Distracted driving is one of the reasons why so many US motor vehicle accidents happen. It can also be grounds for a Kentucky personal injury or wrongful death lawsuit if someone gets hurt or dies as a result. If you or someone you love was seriously hurt in a Kentucky motor vehicle crash, an experienced Louisville auto accident attorney can help you prove negligence so that you can recover the maximum compensation that you are owed.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org

Cell Phone Use While Driving Fact Sheet, NSC

Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

National Highway Traffic Safety Administration

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A Louisville dentist is pleading not guilty to charges of leaving an accident and reckless homicide following a deadly hit and run auto accident on Friday. Dr. Michael B. Mathis claims that he did not know he hit his ex-girlfriend until he got home.

According to his criminal defense attorney, Mathis’s ex-girlfriend Pamela Fay “attacked” his client at the Clark County Casting and Conservation Club on Friday. Mathis then tried to leave a parking lot in his pickup truck but she attempted to block his vehicle.

One witness says that Fay continued pounding on the truck hood as Mathis tried to drive around her. Fay, who was conscious after the auto accident, told police that Mathis struck her with his vehicle. She later died from internal injuries.

While Mathis says he never intended to “hit and run,” the local prosecutor says investigators are looking into whether the Louisville dentist purposely left the accident site. If evidence surfaces to show that the Kentucky dentist intentionally struck Fay with his car, more serious criminal charges could be filed against him.

Hit and Run Accidents
• According to AAA Foundation for Safety in 2006, 11% of all auto crashes reported to police in the US involved a hit and run accident.
• 60% of hit and run fatalities are pedestrians.
• Between 1994 and 2003, 14,914 people died in hit and run crashes in the US.

Leaving a crash scene is against the law and considered negligent behavior—especially when someone is injured or killed in an auto collision—and could be grounds for a Kentucky personal injury or wrongful death lawsuit. Motorists involved in traffic crashes are supposed to stop at the crash site and exchange contact information, as well as take reasonable action to help anyone who is injured.

Police seek information on fatal hit-and-run, Courier-Journal.com, November 25, 2008

Louisville dentist charged in death of southern Indiana woman, December 6, 2008

Hit And Run Drivers Kill Nearly 1500 People Annually With Pedestrians At Greatest Risk, According To AAA Foundation Analysis, AAA Foundation for Safety

Related Web Resources:

National Highway Traffic Safety Administration

Car Accidents Overview, Justia

Continue reading "Kentucky Accident Attorney: Woman Dies in Hit-and-Run Accident Involving Louisville Dentist" »

According to preliminary statistics, 16 people died in 12 motor vehicle accidents in the Kentucky Counties of Breckinridge, Henry, Calloway, Hopkins, Leslie, Jefferson, Marshall, and Logan from July 21 to 27, 2008. 11 of the deaths involved motor vehicles, 2 of the fatalities were child pedestrians, and 3 of the deaths involved motorcycles. The death toll for that week increased the number of total motor vehicle deaths on Kentucky roads this year to 422 fatalities (327 car crash victims, 47 motorcyclists, 35 pedestrians, and 11 ATV victims), with more traffic-related deaths and injuries happening since then.

If you or someone you love was seriously injured in a car crash, a motorcycle accident, a truck accident, a bus collision, a pedestrian accident, or a bicycle crash, it is important that you speak with an experienced Kentucky motor vehicle crash lawyer before trying to negotiate a settlement agreement with the liable party’s insurance company. An experienced Louisville car crash law firm will know how to investigate your case to determine causation and liability. Your motor vehicle crash lawyer can work with experienced accident reconstructionists who can examine the crash scene and investigate all evidence.

Another reason it is important that you do not try to settle an injury case on your own is that you or your loved one may not be able to determine the extent (and costs) of the medical and recovery care you may require. A good Kentucky motor vehicle crash lawyer can work with medical experts who can help you get a better sense of all medical and recovery expenses, and assess other damages, such as pain and suffering, reduced income potential, lost wages, and disability, that you may be entitled to receive.

Depending on the specifics surrounding your Kentucky auto crash, the statute of limitations for filing your personal injury lawsuit may be one or two years, which is another reason that it is important to speak with an experienced Louisville car crash lawyer.

Our Kentucky personal injury law firm helps clients with injury claims involving truck crashes, car collisions, motorcycle accidents, hit and run accidents, drunk driving collisions, automobile rollovers, motor vehicle crashes caused by defective autos or auto parts, and crashes involving insured and uninsured drivers.

16 People Died In 12 Crashed Last Week, Kypost.com, July 29, 2008

Related Web Resources:

Chart: Statutes of Limitations in All 50 States, Nolo.com

The Kentucky DMV

Continue reading "Kentucky Motor Vehicle Accidents Leave Over 420 Dead So Far in 2008" »