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" »

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" »

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 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

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" »

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

Continue reading "Kentucky Motor Vehicle Accident Attorney: Ban Motorists from Driving with Cell Phones, Says NSC" »

A proposed bill up for consideration in front of the Kentucky Legislature this year provides additional protections for local pedestrians and bicyclists. Sponsored by Representative Jim Wayne, the bill imposes additional charges on drivers responsible for causing Kentucky bicycle and pedestrian accidents.

According to Representative Wayne, current Kentucky statute favors motorists, which makes it very hard police to press criminal charges when a bicyclist or pedestrian is injured or killed in a traffic crash. Police officers cannot issue a traffic violation when someone hits a bicyclist unless hit and run or drunk driving was a factor.

The bill was spurred by a number of high profile Louisville bicycle deaths, including the July 2007 death of George Cronen Jr. The bicyclist was hit by a van on the Clark Memorial Bridge. Bicycling for Louisville Executive Director Barry Zalph says that in Louisville alone, about 2-3 bicyclists and 20 pedestrians are killed in motor vehicle crashes every year. 30% of Kentucky bicyclist and pedestrian fatalities occur in Louisville.

Common Causes of Kentucky Bicycle and Pedestrian Accidents:

• Driver negligence
• Drunk driving
• Speeding
• Product defects
• Pedestrian or bicyclist negligence

The new bill proposes adding the charge of vehicular assault, which would allow Kentucky police officers to file charges against a driver for reckless or negligent driving regardless of whether/not the cop actually witnessed the auto accident. Vehicular assault charges could also be filed against negligent bicyclists.

Kentucky Bicycle and Pedestrian Accident Claims and Lawsuits
In addition to criminal charges filed against a motorist for injuring or killing a Kentucky pedestrian or pedalcyclist, the injury victim or his or her family can also pursue personal injury or wrongful death compensation from the liable party.

Bill proposed to protect cyclists and pedestrians, WAVE 3, January 4, 2008

Bicyclists want tougher law, Courier-Journal.com, December 11, 2008

Related Web Resources:

How Not to Get Hit By Cars, BicycleSafe.com

National Highway Traffic Safety Administration

Continue reading "Kentucky Auto Accident Lawyer: New Bill Proposes Vehicular Assault Charge Against Drivers Responsible for Injuring or Killing Bicyclists or Pedestrians in Traffic Accidents" »

In Frankfort, Kentucky, an 8-year-old boy suffered injuries yesterday morning after he was hit by a car on Frankfort Road. Fire department workers had to rescue the boy, who became trapped under the 1997 Honda, driven by Danny L Givens.

The boy was walking to the bus stop when the Kentucky pedestrian accident happened. He is receiving treatment at a Lexington hospital.

2007 Pedestrian Facts (NHTSA):

• 4,654 pedestrians died in US traffic accidents.
• That’s 1 pedestrian that died every 113 minutes.
• 70,000 pedestrians were injured.
• 14,000 of the injury victims were younger than 15.
• 8,000 of these victims were boys.
• 93 of the pedestrians that died last year were between the ages of 5 and 9.
• 36% of young pedestrian fatalities (under age 16) took place in the afternoon, between 3pm – 7pm.
• 44 people were killed in Kentucky pedestrian accidents in 2007.
• Auto crashes are the number one cause of death for kids between the ages of 3 and 14.

Some of the reasons why younger pedestrians are at risk of getting injured or killed in a Kentucky motor vehicle crash:
• Their ability to determine how fast a car is going and whether it is safe to cross the street is not always accurate.
• Drivers may not see child pedestrians because of their smaller size.
• A child pedestrian may wrongly assume that the driver is going to yield the right of way.
• A child pedestrians may not fully understand traffic signs or know how to safely cross the street.

Children injured in Kentucky pedestrian accidents are prone to serious injuries, including spinal cord injuries, traumatic brain injuries, broken bones, severed limbs, internal injuries, and death.

Boy, 8, struck by car, Kentucky.com, December 15, 2008

National Highway Traffic Safety Administration

Related Web Resources:

Injury Center, Centers for Disease Control and Prevention

Walk This Way, Safe Kids

Continue reading "Kentucky Pedestrian Accident Attorney: 8-Year-Old is Struck by Car" »

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" »

In Kentucky, Keneille Finch, the Louisville driver apprehended in connection with last week’s hit-and-run deaths of 4-year-old Riley Jane Lawrence and 5-year-old Claudia Faye Wadlington has been charged with their murders, in addition to fleeing and evading police and aggravated assault.

The pedestrian accident occurred in Louisville when the two girls were crossing a street and Finch allegedly ran a red light. Angie Wadlington, the mother of Claudia, was with the girls when the accident happened. She was also struck by the vehicle during the hit and run accident and sustained injuries to her left leg and broke one of her arms. This is not Finch’s first brush with the law. He has been arrested several times and served time in prison before.

Pedestrian Deaths
According to the National Highway Traffic Safety Administration, there were 4,874 pedestrian deaths in 2006. That same year, there were 67,537 motor vehicle accidents involving pedestrians.

Pedestrians are prone to serious injuries, including broken bones, spinal cord injuries, traumatic brain injuries, and severed limbs, or death when they are involved in a traffic crash with a car, truck, motorcycle, or bus. If you were seriously injured or someone you loved died while crossing the street, riding a bicycle, or waiting at a bus stop in Kentucky because of the negligence or reckless actions of a driver or another party, an experienced Louisville pedestrian injury lawyer can help you.

Common Causes of Pedestrian Accidents

• Driver inattention
• Drunk driving
• Speeding
• Failure to stop at a red light or stop sign
• Motor vehicle defects
• Hit and run accidents

Hit-and-run suspect identified, charged with murder, Courier-Journal, July 26, 2008

Hit and Run Driver Has Long Criminal Record, Courier-Journal, July 28, 2008

Related Web Resources:

National Highway Traffic Safety Administration

Hit and Run Laws in Kentucky, Deadly Roads.com

Our Kentucky motor vehicle crash law firm has helped many pedestrians and their families obtain the financial recovery they are owed for the harm they have suffered.

Continue reading "Louisville, Kentucky Driver Involved in Hit and Run Pedestrian Deaths of Two Girls is Charged with Murder" »